பொருள்

     Personal Laws are a set of laws that regulate and control relationships between two people or more people as a result of certain factors. The factors include marriage, affinity, and blood. Personal Laws govern and regulate matters or aspects of the personal sphere including marriage, divorce, maintenance, succession, minority, guardianship, etc.               (Source – chambersofsalmankhurshid) Based on religion, belief, and culture, personal rules may apply to a certain class of people, group of people, or individual. These can be categorised under "family law" in broad. Hindus, Muslims, Christians, Sikhs, and Parsis are currently all subject to their respective sets of personal laws in India. Personal rules, including those governing marriage, have been codified in a variety of laws that are applicable to followers of many religions. Some of other key Personal Laws in India: The Hindu Marriage Act, 1955 The Indian Christian ...

  What is an Offer? In order to create a valid contract, there must be an offer. Where one party makes an offer and the another party must accept it, and the consideration must be exchanged. Therefore, the proposal or offer must be accepted to enter into an agreement. One who makes an offer is called as "offerer/promisor" and who accepts or receives it is called as "offeree/promisee."  According to Section 2(a) of the Indian Contract Act, 1872      (a) When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. According to Section 2(c) of the Indian Contract Act, 1872      (c) The person making the proposal is called the “promisor”, and the person accepting the proposal is called the “promisee.” ESSENTIAL OF VALID OFFER: There must be two parties Must be communicated Intention to create Legal Relatio...

 DIFFERENCE BETWEEN CONTRACT AND AGREEMENT Aspect Contract Agreement Definition A legally binding agreement enforceable by law. A mutual understanding or arrangement between two or more parties. Essential Elements Offer, acceptance, consideration, intention to create legal relations, and capacity of the parties. Offer and acceptance. Consideration There must be consideration while forming the contract. Agreements can be formed without consideration. Defined under  Section 2 (h) of the Indian Contract Act, 1872. Section 2 (e) of the Indian Contract Act, 1872. Enforceability Legally enforceable by the parties involved. May or may not be legally enforceable. Legal Obligations Creates legal obligations between the parties. May or may not create legal obligations, depending on the intention. Nature of Parties Parties can be individuals, compa...

 Initially, there are two components which form the basis of a contract. They are, An Agreement Its enforceability by law Agreement: An agreement consists of proposal or an offer by one party and its acceptance by another party. It also implies that the parties have a common intention about the subject-matter of the agreement. Two parties must be thinking the same thing in the same sense. Thus agreement is the outcome of the two consenting minds, i.e.,"consensus ad idem". According to Section 2(e) of the Indian Contract Act, 1872 Agreement is defined as "every promise or every set of promises forming the consideration for each other". According to Section 2(b) of the Indian Contract Act, 1872 When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise. Enforceability of Agreement by law:  Agreements based on its enforceability by law are of two types- Unenforceable agree...

WHAT IS A CONTRACT? A contract is an agreement between parties that creates mutual obligations that are enforceable by law. It is a binding agreement between two or more parties.It can also be described as "a set of enforceable promises, either written or oral." For example,  1) When we buy a product at a store, we are entering into an agreement to purchase whatever it is we are purchasing. 2) When we get a new job, we sign an employment agreement to start work. According to Section 2(h) of the Indian Contract Act, 1872 Contract is defined as an agreement enforceable by law. From this definition, we find that a contract essentially consists of two elements i.e. an agreement and legal obligation i.e. a duty enforceable by law. According to Pollock, Every agreement and promise enforceable by law is a contract. According to Salmond, A contract is an agreement creating and defining obligation between two or more persons by which rights are acquired by one or more to act or forbe...

 PART XXII SHORT TITLE, COMMENCEMENT, AND AUTHORITATIVE TEXT IN HINDI AND REPEALS 393. Short title.— This Constitution may be called the Constitution of India. 394. Commencement.— This article and articles 5, 6, 7, 8, 9, 60, 324, 366, 367, 379, 380, 388, 391, 392 and 393 shall come into force at once, and the remaining provisions of this Constitution shall come into force on the twenty-sixth day of January, 1950, which day is referred to in this Constitution as the commencement of this Constitution. 394A. Authoritative text in the Hindi language.— (1) The President shall cause to be published under his authority,—      (a) the translation of this Constitution in the Hindi language, signed by the members of the Constituent Assembly, with such modifications as may be necessary to bring it in conformity with the language, style and terminology adopted in the authoritative texts of Central Acts in the Hindi language, and incorporating therein all the amendments of this C...

 PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS  377. Provisions as to Comptroller and Auditor-General of India.— The Auditor-General of India holding office immediately before the commencement of this Constitution shall, unless he has elected otherwise, become on such commencement the Comptroller and Auditor-General of India and shall thereupon be entitled to such salaries and to such rights in respect of leave of absence and pension as are provided for under clause (3) of article 148 in respect of the Comptroller and Auditor-General of India and be entitled to continue to hold office until the expiration of his term of office as determined under the provisions which were applicable to him immediately before such commencement. 378. Provisions as to Public Service Commissions.— (1) The members of the Public Service Commission for the Dominion of India holding office immediately before the commencement of this Constitution shall, unless they have elected otherwise, bec...

 PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS 372A. Power of the President to adapt laws.— (1) For the purposes of bringing the provisions of any law in force in India or in any part thereof, immediately before the commencement of the Constitution (Seventh Amendment) Act, 1956, into accord with the provisions of this Constitution as amended by that Act, the President may by order made before the first day of November, 1957, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modifications so made, and any such adaptation or modification shall not be questioned in any court of law. (2) Nothing in clause (1) shall be deemed to prevent a competent Legislature or other competent authority from repealing or amending any law adapted or modified by the President under the said clau...

 PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS 371G. Special provision with respect to the State of Mizoram.— Notwithstanding anything in this Constitution,—      (a) no Act of Parliament in respect of—           (i) religious or social practices of the Mizos,           (ii) Mizo customary law and procedure,           (iii) administration of civil and criminal justice involving decisions according to Mizo customary law,           (iv) ownership and transfer of land, shall apply to the State of Mizoram unless the Legislative Assembly of the State of Mizoram by a resolution so decides: Provided that nothing in this clause shall apply to any Central Act in force in the Union territory of Mizoram immediately before the commencement of the Constitution (Fifty-third Amendment) Act, 1986;      (b) the Legislative Assembly of the State of Mizoram shall...

 PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS 371E. Establishment of Central University in Andhra Pradesh.— Parliament may by law provide for the establishment of a University in the State of Andhra Pradesh. 371F. Special provisions with respect to the State of Sikkim.— Notwithstanding anything in this Constitution,—      (a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;      (b) as from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975 (hereafter in this article referred to as the appointed day)—           (i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;         ...

  PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS 371B. Special provision with respect to the State of Assam.— Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Assam, provide for the constitution and functions of a committee of the Legislative Assembly of the State consisting of members of that Assembly elected from the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and such number of other members of that Assembly as may be specified in the order and for the modifications to be made in the rules of procedure of that Assembly for the constitution and proper functioning of such committee. 371C. Special provision with respect to the State of Manipur.— (1) Notwithstanding anything in this Constitution, the President may, by order made with respect to the State of Manipur, provide for the constitution and functions of a committee of the Legislative Assembly of the State con...

 PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS 371A. Special provision with respect to the State of Nagaland.— (1)Notwithstanding anything in this Constitution,—      (a) no Act of Parliament in respect of—           (i) religious or social practices of the Nagas,           (ii) Naga customary law and procedure,           (iii) administration of civil and criminal justice involving decisions according to Naga customary law,           (iv) ownership and transfer of land and its resources,  shall apply to the State of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides;      (b) the Governor of Nagaland shall have special responsibility with respect to law and order in the State of Nagaland for so long as in his opinion internal disturbances occurring in the Naga Hills-Tuensang Area immediately before the formatio...

 PART XXI TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS 369. Temporary power to Parliament to make laws with respect to certain matters in the State List as if they were matters in the Concurrent List.— Notwithstanding anything in this Constitution, Parliament shall, during a period of five years from the commencement of this Constitution, have power to make laws with respect to the following matters as if they were enumerated in the Concurrent List, namely:—      (a) trade and commerce within a State in, and the production, supply and distribution of, cotton and woollen textiles, raw cotton (including ginned cotton and unginned cotton or kapas ), cotton seed, paper (including newsprint), food-stuffs (including edible oilseeds and oil), cattle fodder (including oil-cakes and other concentrates), coal (including coke and derivatives of coal), iron, steel and mica;      (b) offences against laws with respect to any of the matters mentioned in clause (a)...

 PART XX AMENDMENT OF THE CONSTITUTION 368. Power of Parliament to amend the Constitution and procedure therefor.— (1) Notwithstanding anything in this Constitution, Parliament may in exercise of its constituent power amend by way of addition, variation or repeal any provision of this Constitution in accordance with the procedure laid down in this article. (2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make any change in—      (a) article 54, article 55, article 73, article 162, article...

 PART XIX MISCELLANEOUS 365. Effect of failure to comply with, or to give effect to, directions given by the Union.— Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution. 366. Definitions.— In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say— (1) “agricultural income” means agricultural income as defined for the purposes of the enactments relating to Indian income-tax; (2) “an Anglo-Indian” means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or ...