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Sunday, July 17, 2011

Who is Hindu ?

Many questions sparked in my mind, after reading an interesting Judgment of Kerala High Court in Mohandas Vs. Dewaswom Board, the ratio is Who is Hindu? Declaration by a non Hindu is sufficient to be treated as a Hindu.  ,
  • Are the sufficient criteria for becoming a Hindu?
  • How and when Hinduism establish?
  • What is the provision of declaring a person as Hindu under Modern Hindu Law?
  • Hinduism in our Vedic test?

The simple definition is,  Hinduism is a conglomeration of religious, philosophical, and cultural ideas and practices that originated in India, characterized by the belief in reincarnation, one absolute being of multiple manifestations, the law of cause and effect, following the path of righteousness, and the desire for liberation from the cycle of births and deaths. O r in other simple words a religion and then whoever is born in that religion would be considered a Hindu, i.e. a Hindu by birth or a Janma Hindu.

However, I really do not want to have a narrow approach towards it, so I went to a deep understanding of Vedic text, law and judgments.

History says the origin of Hinduism dates back to 5,000 or more years. The term Hindu come into existence when Greek who called the inhabitant of the Indus valley as indo.

In reality, Hinduism is an attitude; and it is far more than a religious ideology. In the holy text the Merutantra, the word ‘Hindu’ is defined as 'Hinani Gunani dushyati iti Hindu.' Meaning that which destroys or dushyati the inferior Raja-Tama components or guns (subtle spiritual components) is a Hindu. Thus, to be a Hindu is to follow a way of life that enhances the spiritually pure Sativa component and Sattva predominant qualities like love, humility, courage, expansiveness, etc. and overcomes the spiritually impure Raja-Tamapredominant attitudes like anger, attachment, jealousy, greed, lust, pride etc.

After the codification of Hindu law, it gives the negative definition 
A person who was not a Muslim, Christian, Parsi or Jew was a Hindu.
Hindu is a general term, it denotes those entire person who Profess Hindu religion either by birth or by conversion to Hindu faith.

In Yagna Purusdasji  Vs. Muldas- Supreme court held
Acceptance of Vedas with reverence, recognition of the fact that the means or ways of salvation are diverse and realization of the truth that the number of gods to be worshipped is large, that indeed is the distinguishing feature of Hindu religion.
Hindu is born not made

According to Hindu theory Hindu is born not made, but this statement is not fully correct.  Under old Hindu law no one could be Hindu by conversion. The status of a parent he is a Hindu unless he changes his existing status by becoming a member of such a religion as would destroy his status as Hindu, and give him a new one. A Hindu on his conversion to any other religion ceases to be governed by Hindu law.

According to Privy Council
Those born as Hindus and also those who become converts to Hinduism.
Application of Hindu Law 

Hindu By Religion- Any person who is a Hindu, Jain, Sikh or Buddhist by religion, i.e. Hindu by religion.
Under this category two types of person falls:
  1. Those who are originally Hindus, Jain, Sikhs or Buddhist by religion.
  2. Those who are converts or re converts to Hindu, Jain, Sikhs or Buddhist religion.

Hindu By Birth- Any person who is born of Hindu parents ( viz. when both the parent or one of the parents is a Hindu, Jain, Sikh, or Buddhist.
Any person who is not a Muslim, Christian, Parsi or Jew, and who is not governed by any other law.

Hindu law not applies

Scheduled Tribes- the codify Hindu law lays down that its provisions do not apply to the member of the Scheduled tribes coming within the meaning of clauses (25) of Article 366 of the Constitution of India unless the Center Government notification in the official Gazette directs that any of the enactments shall apply to them also.

It does not mean that any Scheduled tribes which were governed by Hindu Law before the Codification of Hindu Law, not being governed by Hindu Law, they will continue to be under the periphery of it.

Surajmani Stella Kujur v. Durga Charan Hansdah

Section 2 of the Act specifies the persons to whom the Act is applicable. Clauses (a), (b) and (c) of sub-section (1) of Section 2 make the Act applicable to a person who is a  Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or  a follower of the Brahmo, Prarthana or Arya Samaj and to a person who is a Buddhist, Jain  or Sikh by religion.

It is also applicable to any other person domiciled in the territories of  India who is not a Muslim, Christian, Parsi or Jew by religion. The applicability of the Act is, therefore, comprehensive and applicable to all persons domiciled in the territory of India who are not Muslims, Christians, Parsis or Jews by religion. 

The term “Hindu” has not been defined either under the Act or the Indian Succession Act or any other enactment of the legislature. As far back as in 1903 the Privy Council in Bhagwan Koer v. J.C. Bose

Sunday, July 10, 2011

Think beyond for 100% power back up plan


I was reading a discussion on Spiceworks Community; someone was sharing his experience when power goes out on a switch
"Having power go out in your server room is serious business. We woke up to a serious guy who owns and operates the server room who wasn't very happy the power went out. IT had our head on a chopping block." 
Don't you think, it is very frustrating when power goes out on a switch and all the machines that are wired to it lose connectivity? All of those applications no longer runs- it doesn't matter if that machines are still up.
UPS's are a main way to ensure utility power failure doesn't bring your IT infrastructure to a halt. You have to think beyond for 100% back up plan.
Most of the companies rely on N+1 configuration, but it is also not an easy way to secure your power back up strategy.  Certainly it provides UPS fault tolerance level.
Now the question is what is "N"? UPS Design configurations are often described by nomenclatures using the letter "N" in a calculation stream. For instance, a parallel redundant system may also be called an N+1 design, or a system plus system design may be referred to as 2N.  "N" can simply be defined as the "need" of the critical load.  In other words, it is the power capacity required to feed the protected equipment.
The N+1 configuration can be Isolated Redundant, Parallel Redundant for Distributed Redundant system or System plus System Redundant.
Choosing the right configuration base on the following consideration:
  • Cost / Impact of downtime
  • Risk Tolerance
  • Availability requirements
  • Types of loads (single vs. dual-corded)
  • Budget
But N+1 configuration also require some ancillary cost which ramp up the setup cost for N+ configuration.
I also experienced the same pressure of budget in my previous organization, to mitigate the cost; I have designed one system called "Interlocking Penal" which requires no ancillary cost for N+ configuration.
Designed of Interlocking Penal
It is a penal which consist some relay  switchs, penal connected with hooter.
System working
Main power source (State electricity / DG ) cut --- Hooter started – (it is the signal to the maintenance staff that load shifted to alternative power source (UPS).
If UPS got alternative power supply properly ( DG / State electricity ) the hooter stop.
If there are some problems in alternative power source and the backup time of dedicated UPS for some particular equipment / floor/ area/ output also exhausting the interlocking penal can make the arrangement to shift the load to another UPS which is connected to Interlocking Penal.
Advantage
  • It is very economic which require no redundant component cost.
  • It create flexibility of N+ configuration, it does not required that modules must be of the same design, same manufacturer, same rating, same technology and configuration.
  • Higher operating efficiencies because all single unit is being utilized 100%
  • The hardware arrangement is conceptually simple, and cost effective
  • When main power source go off (State electricity supply), the hooter started, if the load shift to alternative power source properly the hooter stops

Understanding of Hindu Marriage under Hindu Marriage Act 1955

Evolution of the Institute of Marriage

Pearl S. Buck said
“A good marriage is one which allows for change and growth in the individuals and in the way they express their love.

For some reason, we have been thinking about that quote a lot during these past couple of days hearing arguments about domestic violence, and dissolution of institution of marriage. I personally believe that dissolution of marriage goes against the spirit of institution of marriage as it has been defined for several centuries as being between a man and a woman.

This got me thinking about history of the institution of marriage. Has the institution of marriage always been the same over the course of human history? Or has it been an institution that has evolved over time, as the understanding of human relations evolved?

concept of marriage

Hon'ble Judges:  Arijit Pasayat and Dalveer Bhandari, JJ  

In  Appellants: Smt. Mayadevi       vs.     Respondent: Jagdish Prasad

The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other's fault to a certain bearable extent has to be inherent in every marriage. Petty quibbles, trifling differences should not be exaggerated and magnified to destroy what is said to have been made in heaven. All quarrels must be weighed from that point of view in determining what constitutes cruelty in each particular case and as noted above, always keeping in view the physical and mental conditions of the parties, their character and social status. A too technical and hyper-sensitive approach would be counterproductive to the institution of marriage. The Courts do not have to deal with ideal husbands and ideal wives. It has to deal with particular man and woman before it.

Religious Validity

In Hindu’s religion system marriage treated as a holly bond or union between the two soul. It is not the union for the life but the coming life as well. Marriage treated as an essential Sanskaras and every Hindu must marry.

According to Satpatha Brahman- Wife is considered as Ardhangani. In addition, no religion duty can be fulfilled without wife or marriage. It has been treated that marriage is the tie, which cannot be untied.

Manu says- Husband and wife are united to each other not merely is this life but even after death
 Apasthamba says – marriage was meant for doing good deeds for attainment of Moksha.

Courts observations on Hindu Marriage

GOPAL KISHAN V/S MITHILESH KUMARI-

The institution of matrimony under the HINDU LAW is a sacrament and not a mere socio legal contract, it is not performed for mere emotional gratification in its context it is religious a husband and wife become one. The bride on the Seventh Step of the Saptapadi losses her original gothra and acquired the gotra of the bridegroom.

SHIVANANDY V/S BHAGAWANTHYAMMA
Marriage is binding for life because the marriage tie completed by Saptapadi and once it tie it cannot be untied. It is not a mere contract in which a consenting mind is indispensable.

Modernize view
Generally affirmed, though the Hindu Marriage Act has introduced fundamental changes in regard to divorce and judicial separation, it has maintained the basic feature of the marriage which is partly consistent with the provisions of ancient religious texts. Under the Act, Hindu Marriage is not a sacrament in the religious sense; but, nevertheless; it is founded on the basic moral postulates, as evidenced, for instance, by the continuance of the pre-existing requirement.

Muthusmi Vs. Mahalaxmi
 Marriage whatever else it is i.e. a sacrament or an institution, is undoubtedly a contract enters into for consideration with correlative rights.

HINDU MARRIAGE ACT 1955
We have already referred to the spirit underlying to Institution of Marriage is to give the social stability of humans needs.  While enacting this Hindu Marriage Act 1955, Parliament has taken care to preserve what it thought to be consistent with the spirit of modernism and social justice. It has also taken care to preserve what it thought to be the essential features of any fundamental proposition of Hindu law. In regard to marriage, for instance, it has preserved the requirement that the marriage should not take place between persons who are within the prohibited degree of Sapinda relationship, vide section 5 (iv) and (V). Similarly, it has preserved the requirement as to Saptapadi 
 
This Act has introduced some far reaching consequences which have undermined the sacramental character of marriage and rendered it contractual in nature to a great extant.

Section 5, 11 and 12 of this Act are pertaining provisions which deals whether marriage is a contract or sacrament.

Section 5 of HM Act 1955-  deals with the condition of Marriage.
Clause (ii) of Section 5 deals with the MENTAL CAPACITY.
Clause (iii) of Section 5 deals with the AGE OF THE PARTIES.

This means Age and Soundness of mind is the essential conditions of a valid marriage.
If we compare it with the SECTION 11 OF INDIAN CONTRACT ACT- it says-
The consent of minor or a person of unsound mind is void.

But the fact of the matter is that- Marriage of a person who is of unsound mind is a valid marriage under this act, not merely the violation of the requirements of clause (ii) & (iii) of Section 5 not render the marriage void.

THUS THE SECTION 11 OF IC Act IS NOT APPLICABLE TO MARRIAGE IF MARRIAGE REGARDED AS A CONTRACT.

U/S 12 OF HM Act 1955-  violation of Section 5 render the marriage merely voidable while U/ Law of Contract for want of capacity is totally vide. Thus HM Act does not consider the question of consent of much importance.

But the only concern is the consent is obtain by forced or fraud the marriage is voidable which follow the same line of IC Act 1872.

Section 9 Restitution of Conjugal Rights (Efforts to save the Institution of Marriage or Violation of Art. 21)

The leading idea of Section 9 of Hindu Marriage Act 1955 is a control mechanism to preserve the Institution of Marriage and maintain the social and economic stability, which is govern by the philosophy which deep routed in Hindu religious text. conjugal rights may be viewed in its proper perspective by keeping in mind the dictionary meaning of the expression "conjugal" as "of or pertaining to marriage or to husband and wife in their relations to each other"
In SARITA Vs. VENKAT SUBBAIAH it was decided that no spouse can be compelled to share a bed with other spouse. But in successive cases it was decided that a husband can have right to compel her of conjugal rights.

 Does it mean we are trying to establish the supremacy of Male over Female?
If the answer of above question is not in affirmative then Why the Legislature made a general provision in s. 9( 1) and then proceeded to control it rigorously by s. 9( 2)
Restitution of conjugal rights covers a very sensitive area in matrimonial relations and it seems to that it should be permissible for the party  resisting restitution of conjugal rights to satisfy the  court that restitution should not be granted on grounds, which may otherwise be reasonable, though they may  not satisfy the test prescribed by s. 9(2). lt is because courts felt that interpreting s. 9(2) as overriding s. 9(1) may lead to social injustice that they felt compelled in substance to ignore the provisions of , s. 9(2) and treat s. 9(I) as though it were independent of s. 9(2).

Thus Marriage not only under Hindu Marriage Act 1955, many High Courts and Supreme Court also observed that Marriage must be preserve. In any civilized and progressive society, marriage is an institution of great importance. It is the centre of a family which in turn, is a significant unit of the social structure. Children, who are born of marriage, also contribute to the stability of the institution of marriage. These factors are material and have to be taken into account; but in some cases, their validity cannot be over—estimated because, if the marriage which primarily concerns husband and wife is irretrievably broken, then collateral considerations about the significance of the marriage institution or about l the importance of children and their interest may have to play a subordinate role.

Saturday, July 9, 2011

Case Law Discussion - Suit for partition- Definition of ouster ( if it has not been proved)- what is the principle of deciding the court fee

I would like to thanks Jai Thakur (http://www.facebook.com/profile.php?id=617180617) who have share these information.
Below are the related case law for captioned subject.


  • BABLI BRAR V/S ADESH KANWARJIT SINGH BRAR - HIGH COURT OF DELHI - 03 June 2011
    RAJ RANI & ANR V/S BIMLA RANI - HIGH COURT OF DELHI - 03 June
    PRAMOD KUMAR JAIN AND ANR V/S RAMESH KUMAR JAIN - HIGH COURT OF DELHI - 19 May 2011
    KRISHNA SAINI V/S CHAMELI DEVI & ORS - HIGH COURT OF DELHI - 16
    RANGAMMAL V/S KUPPUSWAMI & ANR - SUPREME COURT OF INDIA (FROM MADRAS) - 13 May 2011
    suit for partition
    HARJIT SINGH UPPAL V/S ANUP BANSAL - SUPREME COURT OF INDIA - 13 May 2011
    SURESH PRASAD AND ORS V/S SARYUG PRASAD AND ORS - HIGH COURT OF PATNA - 12 May 2011

    PREMA V/S NANJE GOWDA AND ORS - SUPREME COURT OF INDIA - 10 May 2011
  • LEKH RAM V/S SHYAM LAL - HIGH COURT OF DELHI - 06 May 2011
    & Ors. decided on 09.5.2006, in a suit for partition of abadi land of village Mauzpur which by a ... dispossession. He filed a suit for permanent injunction. Injunction was not granted. The appeal ... suit property? OPP 3. Whether the plaintiff is entitled to relief for permanent injunction as prayed ... decree dated 10.09.2007 which had endorsed the finding of the trial judge whereby the suit filed by ... dispossessing the plaintiff from the suit land/interfering in his peaceful possession had been

    DHRUV KUMAR GUPTA & ANR V/S DWARKA NATH @ MAST RAM - HIGH COURT OF DELHI - 06 May 2011
    Subject : Civil, Constitution
    case titled as Radhey Shyam v. Sri.Kishan Dass? Suit No. 536/1968, for fixing the standard rent ... for partition between the respondents which was decided by a compromise decree. The grievance of ... contended that the suit property was partitioned on 7th April, 1993, much before filing of the ... asserted that the son of deceased Sh. Dwarka Nath namely Sh.Deepak Kumar had also filed a suit for ... - Saving of Inherent powers of Court(C) Delhi Rent Control Act, 1958 - Special
  • HAFEEZA BIBI & ORS V/S SHAIKH FARID (DEAD) BY LRS & ORS - SUPREME COURT OF INDIA (FROM ANDHRA PRADESH) - 05 May 2011
    Subject : Civil, Property
    'plaintiffs' - filed a suit for partition against Mehboob Subhani, Mohammed ... -- defendant 2 -- contested the suit for partition. He set up the defence that Shaik Dawood ... previous suit for partition filed by some of the parties which was dismissed in ... (Hiba) - in question - partition suit filed - the trial Court recorded a categorical finding that ... registered may be received as evidence of a contract in a suit for specific

    SUDHA DEVI V/S CHINTAMANI AND ORS - HIGH COURT OF PATNA - 28 April 2011
    Subject : Civil, Family
    compelled the Plaintiff to demand for partition. The Defendants refused to partition the suit property ... the Plaintiff's suit for partition be decreed to the extent of 1/6th share. [15] On the other hand ... submitted that the simple suit for partition is not maintainable. There had already been oral family ... not been made party to the suit and, therefore, the simple suit for partition in absence of the ... been paid by the Plaintiff and, therefore, the suit for partition was not maintainable. The learned

    BACHAN KAUR AND ORS V/S KABAL SINGH AND ANR - HIGH COURT OF PUNJAB & HARYANA - 26 April 2011
    Subject : Tenancy
    except by filing a suit for partition. [7] Learned Counsel for the landowners have further argued ... long as the property has not been partitioned. He can alone maintain a suit for eviction of tenant ... -owners can alone and in his own right file a suit for adjustment of tenant and it is no defence open ... of the co-owners can file a suit for eviction of a tenant in the property generally owned by the co ... agency. One co-owner filing a suit for eviction against the tenant does so on his own behalf in his own.
  • MANJUR ALI & ORS V/S HASIMUDDIN SHEIKH & ORS - HIGH COURT OF CALCUTTA - 26 April 2011
    Subject : Civil
    suit for partition against the petitioners before the learned Civil Judge (Senior Division), Malda. In that suit, the petitioners entered appearance on February 20, 2008 and prayed for time for filing ... plaintiffs/opposite parties herein instituted a suit for partition against the co-owners. The defendants ... ] Though, it is a suit for partition and everybody of the parties may be treated as plaintiff and ... Judge (Senior Division), Malda in Partition Suit No.258 of 2007 thereby not accepting the written

    PROBHAT BASAK & ORS V/S RANI SAHA & ORS - HIGH COURT OF CALCUTTA - 26 April 2011
    Subject : Civil
    Section 4 of the Partition Act is available when a suit for partition is filed and the stranger ... ) 61and thus, he submits that unless the suit for partition is instituted by the stranger purchasers in ... petitioners. [2] The short question involved in the suit is whether a suit for declaration of title ... parties herein instituted a suit being Title Suit No.258 of 1998 against the petitioners praying for ... through the materials on record, I find that in a single suit, the plaintiffs have prayed for decree

    LT COL SHEILESH JUNG (RETD ) AND ORS V/S RAKESH JUNG AND ORS - HIGH COURT OF HIMACHAL PRADESH - 20 April 2011
    Subject : Family
    -applicants (hereinafter referred to as 'non-applicants' for convenience sake) have filed detailed reply to the same. [2] Non-applicants have filed a suit for partition of the estate of late Sh. Chaudhary Pratap Singh and also for declaration to the effect that the sale deeds effected by applicants No. 1 to 12 were void and not binding on the Plaintiffs and for rendition of accounts. Issues were ... to 6, 8 to 10 and 24 (hereinafter referred to as 'applicants' for convenience sake) have preferred

    BIJENDRA KUMAR GUPTA V/S BIRENDRA KUMAR GUPTA - HIGH COURT OF PATNA - 19 April 2011
    Subject : Property
    filed Title Suit No. 190 of 1987 in the said Court for partition of the ancestral dwelling house ... both the earlier Title suits for partition, Sukhdeyi Devi was party. She filed written statement ... dismissed the suit with cost. [2] The Plaintiff-Appellant filed the application for grant of probate or ... dwelling house. Smt. Sudha Rani filed Title Suit No. 82 of 1984 in the Sub Judge 1st Munger for ... already been partition of the said dwelling house left by Rajendra Narayan. However, the said suit

    JANAK PRASAD AND ORS V/S STATE OF LATE SHIBU MAHATO AND ORS - HIGH COURT OF PATNA - 15 April 2011
    Subject : Property
    for partition being title suit No. 49 of 1989 in the Court of Sub Judge, Hilsa. An application for ... cause of action for the suit? (iii) Whether the deed of Will purported to have been executed by ... Respondent submitted that after filing partition suit by these Respondents, the Appellants have ... Shibu Mahato. These Respondents have also filed partition suit being title suit No. 49 of 1989 ... Mahato. In spite of the above facts, the probate case was filed after the said partition suit wherein it

    MER DHANIBEN WD/O DECD MER MALDE VAGHA & ORS V/S MER RUPIBEN VIRAM & ORS - HIGH COURT OF GUJARAT - 08 April 2011
    case relied upon would suggest that plaintiff in that case had filed suit for partition of ... shall be hereinafter referred to as per their original status in the suit, for the sake of convenience ... prayed for in the suit and they were entitled to recover possession of the disputed lands and ... partitioned by metes and bounds in the year 1974. 8.2 Mr.Shastri, learned counsel for the appellants ... the year 1974, when the partition took place, Viram Vagha would not have consented for partition of

    KRISHNA KUMARI V/S BINOD MISHRA AND ORS - HIGH COURT OF PATNA - 07 April 2011
    Subject : Civil, Family, Family , Property
    decreeing the Plaintiffs-Respondents' suit for partition. [2] The Plaintiff-Respondent Nos. 1 and 2 filed ... the Defendant No1 to partition the joint family property but he refused and, therefore, the suit for ... Mishra. The main defence is that the suit is bad for partial partition because the Plaintiffs have ... suit property ? (8) Are the Plaintiff entitled to a decree of partition as prayed for ? (9) To what ... in the impugned judgment. According to the Appellant the suit is bad for partial partition because.

when does an agreement become a contract


A contract is an agreement which gives rise to obligations which are recognized by law. Thus, the course of dealings between the contracting parties would be governed by stipulations contained in the agreement which is enforceable if it is not repugnant to law of the land.
Anson- A contract is an agreement enforceable at law made between two or more persons by which rights are acquired by one or more to acts or forbearance on the part of the other or others.
Fredrick Polllock- Every agreement and promises enforceable by law is a contract.
Salmond- Contract is an agreement, creating and defining obligations between the parties.
Section 2(h) of Indian Contract Act 1872 defines-
An agreement enforceable by law is a contract.
Section 10 of Indian Contract Act 1872 defines-
An agreement is a contract when it made for some consideration, between parties who are competent, with their free consent and for a lawful object.
The analysis of above definitions- A contract is an agreement the object of which is to create an obligation i.e. a duty enforceable by law. For example – if there is an agreement between A and B that A will make a furniture for B, and B will pay a Rs 1,000/ to A, the agreement is a contract.
Section 10 defines a valid contract-
1.     All agreements are contract which are made by the-
2.     Free consent of parties.
3.     Competent to contract.
4.     A lawful consideration.
5.     With a lawful object.
Thus every contract is an agreement, but every agreement is not a contract.  An agreement becomes a contract when it fulfills the following conditions:
  1. 1. Consideration.
  2. 2. Competent parties to contract.
  3. 3. Free consent.
  4. 4. Lawful object.
There are some agreements which literally satisfy the requirements of a contract, such as proposal, acceptance, consideration etc. but which do not catch its sprit and they are not enforced because it does not sound to be reasonable to do so.

Constituent Element of Agreement:
  1. Several parties- There must be two or more parties to initiate a contract. Where one who has to discharge the obligation and the other entitled to enforce the obligations.
For example- A borrowed money from a joint account in which A & B are the owner. Here the obligation was not enforceable since A was both the creditor and debtor.
  1. Obligation- Obligation is the prime constituent, where one person agrees to do or obtains from doing a definite act or acts. It is the bond of legal necessity which binds together two or more parties.  It is also necessary the obligation must be definite acts, otherwise there may be uncertainty or indefiniteness about the obligations, and it may be possible that if one has to be under an obligation to do or abstain from doing acts for all the time, it would similar like slavery.
  2. Identity of Mind- Both parties must be agreed on the subject matter at the same time and at the same manner.
  3. Mutual Communication-Law does not go into the mind of the contracting parties but recognizes what is expressed in writing. Till such time there is complete understanding on the terms and there is communications in this respect, there can be no agreement in law.
  4. Legal Relationship-it is also most important there must be some legal relationship than the social relationship.
For exampleif A offers to B for go to movie or invite for lunch and B did not fulfill this the B would not amount to breach of any legal contract.

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