business law | ||
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sl no. | unit 1:- Indian contract Act-1872-Part-I | page no |
1 | contract | 2 |
2 | requirement of a contract | 2 |
3 | section 2(h) | 2 |
4 | two parties | 2 |
5 | an agreement | 2 |
6 | legal obligation | 3 |
7 | distinction between an agreement and contract | 3 |
8 | essential elements of valid contract | 4 |
9 | section 10 | 4 |
10 | must be an agreement section 2(g), section 2(i) | 5 |
11 | parties to a must be competent- section 11 | 5 |
12 | there should be an intention to create a legal relationship | 5 |
13 | free consent of parties-section 13, section 15, section 16, section 17, section 18, section 19 | 6 |
14 | lawful consideration | 6 |
15 | lawful object | 6 |
16 | not declared void by law-section-26, section27, section28, section29, section30 | 6 |
17 | compliance with legal formalities | 6 |
18 | certainty and possibility of performance | 7 |
19 | certainty of performance- section-29 | 7 |
20 | possibility of performance -section 56 | 7 |
21 | classification of contracts | 8 |
22 | types of basis of mode of formation or creation of contracts | 9 |
23 | express contracts-section 9 | 9 |
24 | implied contracts | 9 |
25 | quasi contracts | 9 |
26 | types on basis of extend of execution or performance | 10 |
27 | executed contracts | 10 |
28 | executory contracts | 10 |
29 | partly executed and partly executory contract | 10 |
30 | unilateral contract | 10 |
31 | bilateral contract | 10 |
32 | types on the basis of forms of contract | 11 |
33 | formal contract | 11 |
34 | simple contract | 11 |
35 | types of contract on the basis of validity of enforceability | 11 |
36 | valid contracts | 11 |
37 | void contracts- section 2(j) | 11 |
38 | illegal or unlawful contracts | 12 |
39 | difference between illegal and void agreements | 12 |
40 | unenforceable contract | 13 |
41 | offer and acceptance | 13 |
42 | offer or proposal | 13 |
43 | proposal -section-2(a) | 13 |
44 | promise-section 2(b)types of proposals or offers | 14 |
45 | essentials or rules of a valid offer | 15 |
46 | definite offer | 17 |
47 | standing offer | 18 |
48 | lapse of an offer | 19 |
49 | acceptance | 21 |
50 | legal rules or essentials of a valid acceptance | 21 |
51 | provisions of contract regarding communication of offer(proposal ):acceptance and revocation | 24 |
52 | communication , acceptance and revocation of a proposal | 24 |
53 | completion of communication of a proposal, acceptance and revocation | 24 |
54 | communication of proposal | 24 |
55 | communication of acceptance | 24 |
56 | communication of a revocation | 24 |
57 | revocation of proposals and acceptance | 25 |
58 | revocation of a proposal how made | 25 |
59 | consideration | 26 |
60 | essential elements of a valid or lawful consideration | 26 |
61 | act to do something or abstinence or forbearance | 27 |
62 | may be past, present or future | 27 |
63 | past consideration | 27 |
64 | present consideration | 27 |
65 | future consideration | 28 |
66 | must be real and not illusory | 28 |
67 | legal impossibility | 28 |
68 | physical impossibility | 28 |
69 | uncertain consideration | 28 |
70 | illusory consideration | 28 |
71 | consideration should move at the desire of the promissory | 29 |
72 | consideration may move from an person including the promisee | 29 |
73 | consideration for supporting each independent promise, there must be an independent consideration | 29 |
74 | consideration need not be adequate | 30 |
75 | is something which the promissory is not already bound to do | 30 |
76 | must be valuable in the eyes of law | 30 |
77 | exception to the rule of no consideration , no contract | 30 |
78 | promise made an account of love and affection | 31 |
79 | promise for compensation of voluntary services | 31 |
80 | promise to pay any time barred debt | 31 |
81 | contract of agency | 31 |
82 | completed gifts | 31 |
83 | kinds of consideration | 31 |
84 | present or executed consideration | 31 |
85 | past consideration | 31 |
86 | future consideration | 32 |
87 | unlawful consideration | 32 |
88 | illusory or unreal consideration | 32 |
89 | capacity of parties | 32 |
90 | minors | 33 |
91 | agreement with minors | 33 |
92 | agreement with or by a minor is absolutely void | 33 |
93 | no ratification of minors contract | 34 |
94 | a minor can be a promisee | 34 |
95 | no restitution in agreement with a minor | 34 |
96 | minor's insolvency | 34 |
97 | no estoppels in the case of minor | 35 |
98 | minor as a partner | 35 |
99 | minor as a agent | 35 |
100 | person working as a surety for minor | 35 |
101 | liability of a minor for necessities | 35 |
102 | responsibility of parents or guardian s of a minor | 35 |
103 | liability of a minor for torts-civil wrong | 35 |
104 | persons of unsound mind | 36 |
105 | idiots | 36 |
106 | lunatic | 37 |
107 | drunkards | 37 |
108 | persons disqualifies from contracting by law | 37 |
109 | free consent | 37 |
110 | coercion | 38 |
111 | effect of coercion on a contract | 39 |
112 | undue influence | 39 |
113 | contract with paradanashin woman | 41 |
114 | important points of distinction between coercion and undue influence | 41 |
115 | fraud | 42 |
116 | does silence amount to fraud | 42 |
117 | essential elements of fraud | 43 |
118 | there must be false representatives | 43 |
119 | it must be done by the party of his agent | 43 |
120 | the representative must relate to a fact | 43 |
121 | the other party must have been attracted to act upon the representation leading to a fraud | 43 |
122 | the representation intentionally done to commit a fraud must have been done before the conclusion of the contract | 43 |
123 | the other party must have relied upon the representation intentionally done to commit a fraud and thereby must have been deceived | 43 |
124 | elements of fraud and remedies | 44 |
125 | misrepresentation | 44 |
126 | distinction between fraud and misrepresentation | 45 |
127 | mistake of law | 46 |
128 | mistake of law and mistake of fact | 46 |
129 | unilateral mistake | 47 |
130 | bilateral mistake | 47 |
131 | mistake as to the possibility of performance | 47 |
132 | mistake as to the subject matter | 48 |
133 | mistake regarding the existence of subject matter | 48 |
134 | mistake regarding identity of the subject matter | 48 |
135 | mistake regarding the quantity of the subject matter | 48 |
136 | mistake regarding the quality of the subject matter | 48 |
137 | mistake regarding the price of the subject matter | 49 |
138 | mistake regarding the title of the subject matter | 49 |
unit -2:-Indian contract Act-1872 -Part-II | ||
1 | legality of object and consideration | 54 |
2 | the object or consideration of an agreement is unlawful if it is forbidden by law | 54 |
3 | the object or consideration of an agreement is unlawful if it would defeat the provisions of law | 55 |
4 | fraudulent | 55 |
5 | implies injury to any person or property of someone | 55 |
6 | if the court regards a consideration or an object immoral such agreement is unlawful | 55 |
7 | when the court regards a consideration or an object of an agreement opposed to public policy, such agreement is unlawful | 56 |
8 | unlawful and illegal agreement | 58 |
9 | void agreements | 58 |
10 | contingent agreement | 59 |
11 | contingent agreement | 59 |
12 | meaning | 60 |
13 | rules | 61 |
14 | wagering agreement and difference between contingent agreement and a wagering agreement | 62 |
15 | wagering agreement | 63 |
16 | contingent contract | 63 |
17 | performance of contract | 64 |
18 | kinds of tender | 65 |
19 | conditions of valid tender | 65 |
20 | tender must be unconditional | 66 |
21 | tender must be an offer to perform in full | 66 |
22 | must be at proper place as well as at proper time | 66 |
23 | must be made to proper person | 66 |
24 | must be in proper form | 67 |
25 | made by person who is in position and is willing to perform the promise | 67 |
26 | if there are several joint promises, a tender may be made to any one of them | 67 |
27 | reasonable opportunity | 67 |
28 | effect of refusal of a arty to perform promise wholly | 67 |
29 | contract which need not be performed | 67 |
30 | who can demand performance | 68 |
31 | by whom must contract be performed | 68 |
32 | promiser | 69 |
33 | agent | 69 |
34 | legal representative | 69 |
35 | third person | 69 |
36 | joint promisors | 69 |
37 | any one of joint promises may be compelled to perform | 70 |
38 | each promisor may compel contribution | 70 |
39 | sharing of loss by default in contribution | 70 |
40 | effect of release of one of the joint promisors | 71 |
41 | devolution of joint rights | 71 |
42 | reciprocal promises and rules regarding their performances | 71 |
43 | mutual and independent promises | 72 |
44 | mutual and concurrent promises | 72 |
45 | conditional l and dependent promises | 72 |
46 | time and place of performance of contract | 74 |
47 | performance of promise within a reasonable time | 74 |
48 | performance of promise where time and place is specified | 74 |
49 | application of performance at proper time and place, that is, on a certain day and at a certain place | 74 |
50 | promisor to apply to the promise to appoint a place for performance of promise | 74 |
51 | manner or time by promisee to perform a promise | 75 |
52 | time of performance of contract | 75 |
53 | where time is the essence of the contract | 75 |
54 | when time is not the essence of the contract | 75 |
55 | appropriation of payments | 75 |
56 | appropriation by the debtor | 76 |
57 | appropriation by creditor | 76 |
58 | appropriation by law | 76 |
59 | rule regarding the payment of the interest and principle when both are due | 76 |
60 | assignment of contract | 76 |
61 | discharge of contract | 77 |
62 | discharge of contract by performance | 77 |
63 | discharge of contract by agreement or consent | 78 |
64 | discharge of agreement by novation | 78 |
65 | discharge of contract by rescission | 78 |
66 | discharge of contract by alteration | 79 |
67 | discharge of contract by remission | 79 |
68 | discharge of contract by waiver | 79 |
69 | discharge of contract by merger | 79 |
70 | discharge of contract by owing to the occurrence of an event | 79 |
71 | discharge of contract by lapse of time | 79 |
72 | discharge of contract by operation of law | 80 |
73 | death | 80 |
74 | insolvency | 80 |
75 | merger | 80 |
76 | complete loss of evidence | 80 |
77 | discharge of contract by breach made by one of the parties to a contract | 80 |
78 | actual breach | 80 |
79 | anticipatory breach | 80 |
80 | discharge of contract by assignment | 81 |
81 | discharge of contract by impossibility of performance | 81 |
82 | discharge of contract by material alteration | 82 |
83 | remedies for breach of a contract | 82 |
84 | recession of the contract | 82 |
85 | suit for damages | 82 |
86 | ordinary damages | 83 |
87 | special damages | 83 |
88 | minimal damages | 83 |
89 | vindictive damages | 83 |
90 | damages agreed upon in advance in case of breach of contract | 83 |
91 | damages of loss of reputation | 84 |
92 | quantum merit | 84 |
93 | suit for specific performance | 84 |
94 | suit for injunction | 85 |
95 | quasi-contract | 85 |
96 | kinds of quasi-contracts | 85 |
97 | supply of necessities | 86 |
98 | reimbursement of payment by an interested person | 86 |
99 | liability of payment for non gratuitous acts | 87 |
100 | responsibility of a finder of goods | 87 |
101 | payment of money by mistake or coercion | 88 |
102 | distinction between a contract and a quasi-contract | 88 |
103 | distinction between a contingent contract and a quasi-contract | 89 |
unit 3:- special types of contract | ||
1 | contract of indemnity | 94 |
2 | contract of guarantee | 95 |
3 | liabilities of a surety | 95 |
4 | rights of a surety | 96 |
5 | right to information | 96 |
6 | right of consultation | 96 |
7 | right of subrogation | 96 |
8 | right to indemnity | 97 |
9 | continuing guarantee | 97 |
10 | contract of bailment | 98 |
11 | duties of the bailee | 98 |
12 | rights of bailee | 98 |
13 | contract of pledge | 99 |
14 | right of a Pawnee | 100 |
15 | contract of agency | 101 |
16 | principal agent | 101 |
17 | who can appoint a agent | 101 |
18 | who may be an agent | 101 |
19 | the test of agency | 101 |
20 | agent | 102 |
21 | servant | 102 |
22 | creation of agency | 103 |
23 | agency by express agreement | 103 |
24 | agency by implied agreement | 103 |
25 | agency by estoppels or by holding out | 104 |
26 | husband and wife | 105 |
27 | agency by operation of law | 105 |
28 | agency by ratification | 106 |
29 | ratification | 106 |
30 | effect of ratification | 106 |
31 | ratification may be express or implied | 107 |
32 | ratification is tantamount to prior authority | 107 |
33 | important essentials or requisites of valid ratification | 108 |
34 | existence of principal | 108 |
35 | the capacity of principal | 108 |
36 | full knowledge of facts is essential | 109 |
37 | the act must be done for or an behalf of the principal | 109 |
38 | ratification of the whole transaction | 109 |
39 | unauthorized act injuring third person or party cannot be ratified | 109 |
40 | the act to be ratified must be legal | 110 |
41 | ratification can be done by the principal if he has the power to do so | 110 |
42 | ratification must be done within a reasonable time | 110 |
43 | ratification must be communicated to the concerned party | 110 |
44 | ratification relates back to the date of the act of the agent | 110 |
45 | the act ratified must relate to an existing thing | 111 |
46 | limitations to the principle of ratification | 111 |
47 | types of agents | 112 |
48 | special agents | 112 |
49 | general agents | 112 |
50 | universal agents | 113 |
51 | CO-agents | 113 |
52 | substituted agents | 113 |
53 | sub-agents | 114 |
54 | factor | 115 |
55 | broker | 116 |
56 | auctioneer | 116 |
57 | commission agent | 116 |
58 | del credere agents | 116 |
59 | forwarding agents | 117 |
60 | clearing agent | 117 |
61 | indenting agent | 117 |
62 | rights, duties and the liabilities of an agent | 117 |
63 | actual authority of an agent | 118 |
64 | apparent or obsensible authority | 119 |
65 | agent's authority in an emergency | 119 |
66 | delegation of authority by agent | 120 |
67 | rights, duties liabilities of an agent to his principal | 121 |
68 | rights f an agent | 121 |
69 | agents right to do all lawful things | 121 |
70 | agents rights in emergency | 121 |
71 | agents right to appoint sub agent and substitute agent | 122 |
72 | agents right to renounce his agency | 122 |
73 | agents right to receive remuneration when due | 122 |
74 | agents right to receive compensation for premature revocation | 123 |
75 | agents right of retainer | 123 |
76 | agents right of lien on principal property | 124 |
77 | agents right of indemnification against the consequences of lawful or legal acts | 124 |
78 | agents right to be indemnified against the consequences of all the acts done in good faith | 124 |
79 | agents right to stoppage in transit | 125 |
80 | agents right of compensation for injury caused by his principal neglect or want of skill | 125 |
81 | duties and liabilities of an agent to his principal | 126 |
82 | agents duty to conduct principals business according to his instruction or direction s | 126 |
83 | agents duty on the termination of agency by his principal death or insanity | 127 |
84 | agents duty to conduct or carry on the work with reasonable care, skill and diligence | 127 |
85 | agents duty to render account properly to his principal | 128 |
86 | agents duty not to delegate his authority | 128 |
87 | agents duty to communicate with principal in case of difficulty | 128 |
88 | agents duty not to deal on his own account in the business of agency | 129 |
89 | agents duty not to earn or make secret profit from agency business | 129 |
90 | agents duty not to use the information obtained in the course of the agency business against his principal | 130 |
91 | agents duty not to pay sums received of principal | 130 |
92 | agents duty not to set up an advance adverse title | 131 |
93 | agents duty in naming an agent for his principal | 131 |
94 | agents liability in respect of damages and misconduct | 131 |
95 | personal liability of an agent where fixed by trade or custom usage | 131 |
96 | when an agent agrees expressly to be liable | 131 |
97 | agents liability for his wrongful act | 132 |
98 | liability of an agents for the acts of the sub-agent | 132 |
99 | rights, duties and liabilities of principal | 132 |
100 | rights of principal against his agent | 132 |
101 | principals right t o benefits gained by his agent dealing on his won account in the business of agency | 133 |
102 | principals right to recover damages | 133 |
103 | principals right to refuse remuneration to his agent when he is guilt of misconduct | 133 |
104 | principals right to revoke agent's authority | 134 |
105 | principals right to ratify or disown his agents acts | 134 |
106 | duties and liabilities of principal to his agent | 134 |
107 | principals duty to pay remuneration and dues to his agent | 134 |
108 | principals duty to indemnify his agent against consequences of all legal or lawful acts | 135 |
109 | principals duty towards his agent to indemnify him against ht consequences of all acts done in good faith | 135 |
110 | principals duty to compensate his agent for injury caused | 136 |
111 | liability of the principal in respect of contracts entered by his agent with third parties | 136 |
112 | liability of the principal when the notice is properly given to his agent | 136 |
113 | liability of ht principal when he induces third parties or persons to believe that his agents unauthorized acts were authorized | 136 |
114 | principals liability on account of agents misrepresentation or fraud | 137 |
115 | termination of agency | 137 |
116 | termination of agency by act of the parties to the contract of agency | 137 |
117 | termination of agency by agreement between his principal and his agent | 138 |
118 | termination of agency by revocation of agency by his principal | 138 |
119 | when principal may revoke agents authority | 138 |
120 | compensation for revocation of agent s authority by principal | 138 |
121 | reasonable notice of revocation to his agent by his principal | 139 |
122 | irrevocable agency | 139 |
123 | agency cannot be revoked | 140 |
124 | agency coupled with interest | 140 |
125 | where authority has been partly exercised by the agent | 141 |
126 | where an agent has incurred personal liability | 141 |
127 | when revocation or termination of agency takes effect | 141 |
128 | termination of sub-agency and substituted agency | 142 |
129 | termination of agency by renunciation of business by the agent | 142 |
130 | renunciation of agency by the agent | 143 |
131 | renunciation of agency may be expressed or implied | 143 |
132 | compensation for renunciation by an agent | 143 |
133 | provision of reasonable notice of renunciation by the agent to his principal | 143 |
134 | termination of agency by operation of law | 143 |
135 | completion of the agency business | 143 |
136 | expiry of period of time | 143 |
137 | destruction of subject matter | 144 |
138 | insolvency of the principal and in some cases that of the agent | 144 |
139 | death of the principal | 144 |
140 | death of agent | 145 |
141 | insanity of either party | 145 |
142 | principal becoming an alien enemy | 145 |
143 | object of agency becoming illegal or unlawful | 145 |
144 | incapacity of principal or agent | 145 |
145 | termination of sub agents authority | 145 |
unit 4:-partnership Act 1932 | ||
1 | an act of firm | 152 |
2 | business | 152 |
3 | third party | 152 |
4 | definition of partnership, partner etc | 153 |
5 | the essential elements of main features of a partnership | 153 |
6 | who can be partners | 153 |
7 | minor | 154 |
8 | enemy | 154 |
9 | alien enemy | 154 |
10 | lunatic | 154 |
11 | voluntary agreement | 155 |
12 | sharing of profit of business | 155 |
13 | mutual agency | 155 |
14 | corporation or company or partnership firms | 156 |
15 | test of partnership | 156 |
16 | types of partnerships and partners | 158 |
17 | partnership for fixed term | 158 |
18 | partnership at will | 159 |
19 | particular partnership | 159 |
20 | types of partners | 160 |
21 | active or passive partners | 160 |
22 | nominal partners | 160 |
23 | sleeping or dormant partner | 160 |
24 | sub-partner | 161 |
25 | partner in profits only | 161 |
26 | partner by estoppels or holding out | 162 |
27 | formation of partnership and registration of firm | 162 |
28 | formation of partnership | 162 |
29 | registration of firms | 163 |
30 | rights, duties and liabilities of partners | 165 |
31 | to take part in the conduct or management of the partnership business | 165 |
32 | to be consulted and right to take decision by majority | 165 |
33 | to have access to books of the firm | 165 |
34 | to have equal share in the profits | 165 |
35 | to receive interest on capital | 165 |
36 | to receive interest on advances | 165 |
37 | to be indemnified | 165 |
38 | to perform acts in emergency | 166 |
39 | to apply property of the firm for the purpose of the business of the firm | 166 |
40 | to function as an agent of the firm | 166 |
41 | to prevent introduction of a new partner | 166 |
42 | to retire | 166 |
43 | not to be expelled | 166 |
44 | of an outgoing partner to carry on competing business | 166 |
45 | of outgoing partner in certain cases to share subsequent profits | 167 |
46 | duties and liabilities of partners | 167 |
47 | general duties | 167 |
48 | to carry on the business to the common advantage | 167 |
49 | to be just and faithful to other partners of his firm | 167 |
50 | to render true accounts | 167 |
51 | to provide full information | 167 |
52 | to indemnify for loss caused by fraud | 168 |
53 | to attend diligently to his duties | 168 |
54 | to work without hesitation | 168 |
55 | to contribute to losses | 168 |
56 | to indemnify for willful neglect | 168 |
57 | to hold and use partnership property exclusively for the partnership firm | 169 |
58 | to account for personal or private profits | 169 |
59 | not to compete with the business or the partnership firm | 169 |
60 | to act within authority | 169 |
61 | not to assign his rights | 169 |
62 | liabilities of partners to third party | 170 |
63 | liability of partners for acts of the firm | 170 |
64 | liability of the firm for wrongful acts of its partners | 170 |
65 | liability of the firm for wrongful acts of its partners | 170 |
66 | provisions relating to ability for holding out | 171 |
67 | exceptions | 172 |
68 | deceased partner | 172 |
69 | insolvency of a partner | 173 |
70 | dormant partner | 173 |
71 | liability of the firm to third party for misappropriation | 173 |
72 | mutual relations of partners | 173 |
73 | the authority of partner and the liability to third party | 174 |
74 | authority of a partner | 174 |
75 | express and implied authority of a partner | 174 |
76 | implied authority of a partner and third parties | 174 |
77 | implied authority of a partner as agent of the firm | 174 |
78 | partners authority in an emergency | 175 |
79 | effect of admissions by a partner | 175 |
80 | notice to a partner | 175 |
81 | provisions relating to minor partners and property of the firm | 175 |
82 | provisions relating to minor partners | 175 |
83 | reconstitution of a firm | 178 |
84 | incoming and outgoing partner | 178 |
85 | retirement of a partner | 180 |
86 | liability of a retired partner | 180 |
87 | expulsion of a partner | 181 |
88 | insolvency of partners | 181 |
89 | death of partner | 182 |
90 | transfer of partners interest | 183 |
91 | rights of outgoing partner | 183 |
92 | revocation of continuing guarantee by change in firm | 184 |
93 | dissolution of a firm | 185 |
94 | modes of dissolution of a firm | 185 |
95 | dissolution of partnership firm by voluntary acts of partners | 186 |
96 | dissolution by consent | 186 |
97 | dissolution by agreement | 186 |
98 | dissolution by notice | 186 |
99 | dissolution by operation of law | 187 |
100 | compulsory dissolution | 187 |
101 | insolvency of partners | 187 |
102 | certain events making partnership business unlawful | 187 |
103 | dissolution of partnership firm on happening of certain contingencies | 188 |
104 | dissolution by the order of the court | 188 |
105 | insanity of a partner | 189 |
106 | permanent incapacity of a partner | 189 |
107 | misconduct of a partner | 190 |
108 | willful or persistent breaches of agreement | 190 |
109 | transfer of interest by a partner | 190 |
110 | business carried on at loss | 190 |
111 | any other just an equitable ground | 191 |
112 | rights of partner on dissolution of the firm | 191 |
113 | right s of the partner to have business wound up after dissolution of the firm | 191 |
114 | right s of the partner to bind the firm | 191 |
115 | rights of the partner to settle the debts of the firm out to the property of the firm | 192 |
116 | payment of firm s debt and of separate debt | 192 |
117 | right relating to the use of firms name after the dissolution of the firm | 192 |
118 | right of a partner the amount of premium paid ,if any an premature dissolution | 192 |
119 | rights of a partner where partnership contract is rescinded for fraud or misrepresentation | 193 |
120 | right of a partner to restrain other partner s from using firms name and property of the firm | 193 |
121 | liabilities of a partner on the dissolution of his firm | 194 |
122 | continuing liability of a partner after dissolution | 194 |
123 | liability on account of holding out | 194 |
124 | liability of a partner to share personal profit | 195 |
125 | personal profit earned by partners | 195 |
126 | provisions relating settlement of accounts on dissolution of a firm | 195 |
127 | provisions relating to losses | 195 |
128 | provisions relating to application of assets | 196 |
129 | provisions relating to firms debts and private debts, when both exist | 196 |
130 | provisions relating to the insolvency of one of the partners | 196 |
131 | provisions relating to sale of goodwill on dissolution | 197 |
132 | provisions relating to public notice | 197 |
133 | consequences of not giving a public notice | 198 |
134 | distinction between partnership and other forms of organisation | 198 |
135 | distinction between partnership and company | 198 |
136 | distinction between partnership and joint Hindu family | 200 |
137 | distinction between partnership and co-ownership | 202 |
138 | distinction between partnership and a club or a society | 204 |
unit 5:-sales of Goods Act-1932 | ||
1 | contract of sale of goods | 210 |
2 | sale and agreement to sell | 211 |
3 | essentials of contract of sale | 211 |
4 | two parties | 211 |
5 | goods- the subject matter of the contract | 212 |
6 | transfer of the property | 212 |
7 | monetary elements of valid contract | 212 |
8 | a contract t of sale includes as well as an agreement to sell | 213 |
9 | formalities of contract of sale | 213 |
10 | goods | 213 |
11 | existing goods | 213 |
12 | specific goods | 213 |
13 | ascertained goods | 213 |
14 | unascertained or generic goods | 213 |
15 | future goods | 214 |
16 | contingent goods | 214 |
17 | effects of destruction of goods or perishing of goods | 215 |
18 | ascertainment of price | 216 |
19 | stipulation as to time | 216 |
20 | sales and agreement to sell | 217 |
21 | nature of contract | 217 |
22 | transfer of the ownership of property | 217 |
23 | types of goods or nature of property transferred | 218 |
24 | general and particular property | 218 |
25 | consequences of breach | 218 |
26 | risk of loss | 218 |
27 | sellers right of reselling goods | 218 |
28 | sellers insolvency | 219 |
29 | buyers insolvency | 219 |
30 | sale and hire purchase agreement | 219 |
31 | nature of contract and ownership | 219 |
32 | termination of a contract | 220 |
33 | implied conditions and warranties | 220 |
34 | payment in installment | 220 |
35 | insolvency of the buyer and risk of loss | 220 |
36 | sale and bailment | 220 |
37 | sale and barter exchange | 221 |
38 | conditions and warranties | 221 |
39 | when condition is treated as a warranty | 222 |
40 | voluntary waiver of condition | 222 |
41 | acceptance of goods by buyer | 222 |
42 | difference between a condition and a warranty | 223 |
43 | purpose | 223 |
44 | difference as to breach | 223 |
45 | difference as to treatment | 223 |
46 | essence of the contract of sale | 223 |
47 | damages | 224 |
48 | express and implied conditions and warranties | 224 |
49 | expressing facit ceassare tactium | 224 |
50 | modus et conventio vincent legem | 224 |
51 | implied conditions in a contract of sale | 224 |
52 | condition as to title | 225 |
53 | condition as to sale by description | 226 |
54 | condition as to sale by description as well as sample | 226 |
55 | condition as to sale by sample | 226 |
56 | condition as to quality or fitness | 226 |
57 | condition as to merchantability | 227 |
58 | condition as to wholesomeness | 227 |
59 | condition implied by custom | 227 |
60 | implied warranties in contract of sale | 228 |
61 | implied warranties of quiet possession | 228 |
62 | implied warranty of freedom from encumbrance | 228 |
63 | implied warranty as to quality or fitness by usage of trade | 228 |
64 | implied warranty to disclose dangerous nature of goods | 229 |
65 | inclusion of express conditions and warranties | 229 |
66 | exclusion of implied conditions and warranties in contracts of sale | 229 |
67 | doctrine of caveat emptor | 229 |
68 | implied conditions as to quality or fitness for buyers purpose | 230 |
69 | merchantability quality or sale of goods by description | 230 |
70 | usage by trade | 231 |
71 | consent by fraud | 231 |
72 | transfer f property or ownership | 231 |
73 | risks of property | 232 |
74 | insolvency | 232 |
75 | damages | 232 |
76 | suit for price | 232 |
77 | passing of property from seller to buyer | 232 |
78 | passing of property in a contract for sale of specific or ascertained goods | 232 |
79 | intention of the parties | 232 |
80 | passing of the property at ht time of contract | 233 |
81 | passing of the property in the case of specific goods where the goods are to be put into deliverable state | 233 |
82 | passing of the property in the case of specific goods when the price is to be ascertained by weighing etc | 233 |
83 | passing of property in the contract for sale of unascertained goods | 233 |
84 | passing of the property in goods sent on approval or on sale of return | 234 |
85 | reservation of right of disposal | 235 |
86 | passing of risk | 236 |
87 | transfer of title by non-owners | 236 |
88 | sale by person not the owner or title by estoppels | 237 |
89 | title by a mercantile agent | 237 |
90 | sale of one of joint owners | 238 |
91 | sale by a person in possession under voidable contract | 238 |
92 | sale by the buyer or seller as possession after sale | 238 |
93 | sale by unpaid seller | 238 |
94 | exceptions in the other acts | 238 |
95 | performance of contract of sale | 239 |
96 | performance of contract of sale | 239 |
97 | delivery of goods | 239 |
98 | actual delivery | 239 |
99 | symbolic delivery | 239 |
100 | constructive delivery or delivery by attornment | 239 |
101 | rules regarding delivery of goods | 240 |
102 | mode of delivery | 240 |
103 | delivery of goods and payment of price are concurrent conditions | 240 |
104 | effect of part delivery of goods | 240 |
105 | buyer to apply for delivery | 241 |
106 | place of delivery of goods | 241 |
107 | risks of delivery | 241 |
108 | time of delivery | 241 |
109 | goods in possession of third person or party | 242 |
110 | cost of delivery of goods | 242 |
111 | delivery of wrong quantity | 242 |
112 | delivery of goods less than contracted for | 242 |
113 | delivery of goods in excess quantity contracted for | 242 |
114 | delivery of goods contracted for mixed with other goods | 242 |
115 | installment deliveries of goods | 242 |
116 | delivery to carrier or wharfinger | 243 |
117 | when an acceptance is complete on delivery of goods | 243 |
118 | buyer not bound to return rejected goods | 243 |
119 | liability of a buyer for neglecting or refusing delivery of goods | 244 |
120 | rights of unpaid seller and remedial measures | 244 |
121 | rights of an unpaid seller and remedial measures | 244 |
122 | rights of unpaid seller against the goods sold | 245 |
123 | rights against the buyer personally | 245 |
124 | rights o unpaid seller against goods | 245 |
125 | right of lien | 245 |
126 | termination of lien | 246 |
127 | right of stoppage of goods in transit | 247 |
128 | duration of transit | 247 |
129 | how stoppage in transit is affected | 248 |
130 | distinction between right of lien and right of stoppage in transit | 248 |
131 | effect of pledge or sub-sale by the buyer | 249 |
132 | right of resale | 249 |
133 | right to withhold the deliver of goods | 250 |
134 | rights of unpaid seller against the buyer personally | 250 |
135 | right to sue for price | 250 |
136 | where the property in goods has passed to the buyer | 250 |
137 | where the property in goods has not passed t the buyer | 250 |
138 | right to sue for damages for non-acceptance | 250 |
139 | right to repudiate the contract before the repudiate the contract before the due date | 251 |
140 | right to sue for interest | 251 |
141 | sale by auction | 251 |
unit 6:-the negotiable instrument Act-1881 | ||
1 | negotiable instruments- | 258 |
2 | must be in writing | 259 |
3 | free transferability or easy negotiability | 259 |
4 | title of holder is free from all defects | 259 |
5 | recovery | 259 |
6 | presumptions | 259 |
7 | presumptions to negotiable instrument | 259 |
8 | of consideration | 260 |
9 | as to date | 260 |
10 | as to time of acceptance | 260 |
11 | as to time of transfer | 260 |
12 | as to order of endorsement | 260 |
13 | as to stamps | 260 |
14 | as to holder in due course | 260 |
15 | as to proof of protest | 260 |
16 | payment | 260 |
17 | payable to order to bearer | 260 |
18 | types of negotiable instrument | 261 |
19 | negotiable instrument recognized by statue | 261 |
20 | negotiable instruments recognized by usage or custom of trade | 261 |
21 | bill-of- exchange | 261 |
22 | promissory note | 263 |
23 | cheque | 265 |
24 | a cheque in electronic form | 266 |
25 | truncated cheque | 266 |
26 | clearing house | 266 |
27 | types of cheque | 268 |
28 | bearer or open cheques | 268 |
29 | crossed cheques | 268 |
30 | trade bill and accommodation bill | 268 |
31 | fictitious bill | 269 |
32 | documentary and clean bill | 269 |
33 | inchoate instrument | 269 |
34 | ambiguous instrument | 270 |
35 | escrow | 270 |
36 | bills in sets | 271 |
37 | holder of first acquired part to entitled to all | 271 |
38 | inland and foreign instrument | 272 |
39 | inland instrument | 272 |
40 | foreign instrument | 272 |
41 | protest of foreign bills | 272 |
42 | law governing liability of maker, acceptor or endorser of foreign instrument | 272 |
43 | law of place of payment governs dishonor | 272 |
44 | instrument made etc, out of India , but in accordance with the law of India | 272 |
45 | presumptions as to foreign law | 272 |
46 | instruments payable on demand | 273 |
47 | distinction between bill of exchange and a promissory note | 273 |
48 | distinction between a cheque and bill of exchange | 274 |
49 | parties t negotiable instrument | 274 |
50 | parties to promissory note | 275 |
51 | maker payee holder endorser and endorsee | 275 |
52 | parties to cheque | 275 |
53 | drawer drawer the payee holder endorser and endorsee | 275 |
54 | parties to bill of exchange | 276 |
55 | drawer drawer acceptor payee endorser and endorsee holder drawer in case of need acceptance of honor | 276 |
56 | capacities of parties to the negotiable instrument | 277 |
57 | minor | 277 |
58 | lunatics or persons of unsound mind | 277 |
59 | insolvent | 277 |
60 | agent | 278 |
61 | partnership firm | 278 |
62 | joint stock company | 278 |
63 | legal representative | 278 |
64 | Hindu joint family | 279 |
65 | possession of instrument | 279 |
66 | entitled to receive the amount | 279 |
67 | holder in due course | 280 |
68 | must be a holder | 281 |
69 | must be holder for valuable consideration | 281 |
70 | must become a holder of the negotiable instrument before the date of maturity | 281 |
71 | must become a holder of the negotiable in good faith | 281 |
72 | rights and privileges of holder in due course | 282 |
73 | liabilities of prior parties | 282 |
74 | installment purged or cleansed of all defects | 282 |
75 | privilege in case of inchoate stamped instrument not affected | 283 |
76 | no effect of condition al delivery or of special delivery | 283 |
77 | no effect of absence of consideration or presence of an unlawful consideration | 283 |
78 | privilege in case of fictions bill | 283 |
79 | estoppels against denying original validity of instrument | 284 |
80 | estoppels against denying capacity of payee to endorse | 284 |
81 | estoppels against endorsed to deny capacity of prior parties | 284 |
82 | distinction between holder and holder in due course | 284 |
83 | negotiation and types of endorsement | 284 |
84 | procedure of transfer or modes of negotiation | 285 |
85 | negotiation by delivery | 285 |
86 | negotiation by endorsement and delivery | 287 |
87 | types of endorsement | 287 |
88 | general of blank endorsement | 288 |
89 | full or special endorsement | 288 |
90 | partial endorsement | 289 |
91 | restrictive endorsement | 290 |
92 | conditional endorsement | 290 |
93 | sans recourse endorsement | 290 |
94 | facultative endorsement | 291 |
95 | sans frais endorsement | 291 |
96 | liability depends upon contingency | 291 |
97 | the duration of negotiability | 291 |
98 | duties and liabilities of paying banker | 292 |
99 | liability of drawer of cheque | 292 |
100 | protection of paying banker | 292 |
101 | material alteration | 293 |
102 | crossing | 295 |
103 | cheque crossed generally | 296 |
104 | cheque crossed specially | 296 |
105 | cheque bearing not negotiable | 297 |
106 | account payee crossing | 297 |
107 | duties and liabilities of collecting banker | 299 |
108 | bouncing of a cheque- a criminal offence | 301 |
109 | punishment | 302 |
110 | offences of companies | 304 |
111 | company includes firms also | 305 |
112 | cognizance of offences | 305 |
113 | mode of services of summons | 305 |
114 | evidence of affidavit | 305 |
unit 8:-the consumer protection Act-1986 | ||
1 | appropriate laboratory | 314 |
2 | branch office | 314 |
3 | consumer | 314 |
4 | person | 317 |
5 | goods | 318 |
6 | service | 318 |
7 | spurious goods and services | 320 |
8 | trader | 320 |
9 | manufacturer | 321 |
10 | consumer dispute | 322 |
11 | complaint | 322 |
12 | restrictive trade practices | 324 |
13 | unfair trade practices | 325 |
14 | defect | 326 |
15 | deficiency | 328 |
16 | members | 329 |
17 | consumer protection councils | 330 |
18 | the central consumer protection council | 330 |
19 | the state consumer protection council | 331 |
20 | district consumer protection council | 332 |
21 | consumer dispute redressal agencies | 332 |
22 | district forums | 333 |
23 | establishment and composition of district forums | 333 |
24 | jurisdiction of district forum | 333 |
25 | manner of making complaint | 334 |
26 | procedure on receipt of complaint | 335 |
27 | procedure followed by the district forum on admission of a complaint relating to goods | 339 |
28 | procedure followed by the district forum on admission of a complaint relating to services | 341 |
29 | power f district forums | 342 |
30 | findings of district forums | 343 |
31 | provisions relating to appeals to the state commission | 343 |
32 | state commission | 345 |
33 | composition of the state commission | 345 |
34 | jurisdiction of state commission | 347 |
35 | to entertain | 347 |
36 | provisions of the act relating to transfer of cases | 348 |
37 | provisions relating to appeals to the national commission | 348 |
38 | hearing of appeal | 349 |
39 | national commission | 349 |
40 | composition of national commission | 349 |
41 | jurisdiction of the national commission | 350 |
42 | monetary jurisdiction | 350 |
43 | appellate jurisdiction | 350 |
44 | supervisor and provisional jurisdiction | 350 |
45 | power of procedure applicable to the national commission | 350 |
46 | power to set aside ex parte orders | 350 |
47 | transfer of cases | 351 |
48 | circuit benches | 351 |
49 | contents of complain | 351 |
50 | appearance of the parties before the national commission | 351 |
51 | time limit for deciding the complaint | 352 |
52 | orders by the national commission | 352 |
53 | rule 15 of the consumer protection rule of 1987 relating to the procedure for hearing the appeal by the national commission | 352 |
54 | sitting of the national commission and signing of orders | 353 |
55 | provisions relating to an appeal to the supreme court | 354 |
56 | some other provisions of the act | 354 |
57 | finality of orders | 354 |
58 | limitation period | 354 |
59 | dismissal of vexation or frivolous complaints | 355 |
60 | penalties | 355 |
61 | appeal against the order passed under section 22 | 356 |
62 | protection of the action taken in good faith | 356 |
63 | service of notice | 356 |
companies Act of 1956-Part I | ||
1 | company | 362 |
2 | main features or characteristics of company | 364 |
3 | registration | 364 |
4 | voluntary association | 364 |
5 | legal personality | 364 |
6 | contractual capacity | 364 |
7 | management | 364 |
8 | permanent existence | 364 |
9 | registered office | 364 |
10 | common seal | 364 |
11 | limited liability | 364 |
12 | transferability | 364 |
13 | statutory obligations | 364 |
14 | artificial personality | 365 |
15 | residence | 365 |
16 | no fundamental rights | 365 |
17 | separate name | 365 |
18 | number of members | 365 |
19 | shareholders are actual owners | 365 |
20 | raising of capital on large scale | 365 |
21 | capacity to sue | 365 |
22 | rigidity of objects | 365 |
23 | statutory requirements | 366 |
24 | company is body corporate | 366 |
25 | an incorporate association | 366 |
26 | separate legal entity | 366 |
27 | an artificial person but not a citizen | 366 |
28 | lifting or piercing the corporate veil | 366 |
29 | important types of companies | 368 |
30 | classification on the basis of liability | 368 |
31 | company limited by shares | 368 |
32 | company limited by guarantee | 368 |
33 | unlimited companies | 369 |
34 | classification based on mode of incorporation | 369 |
35 | chartered companies | 369 |
36 | statutory company | 369 |
37 | registered companies under act | 370 |
38 | classification on the basis of ownership | 370 |
39 | private company | 370 |
40 | public company | 370 |
41 | government company | 371 |
42 | classification on jurisdiction of functioning | 372 |
43 | nation al company | 372 |
44 | multinational company | 372 |
45 | foreign company | 372 |
46 | classification on the basis of control and or shareholding | 372 |
47 | holding company | 372 |
48 | subsidiary company | 372 |
49 | other types | 373 |
50 | one man company | 373 |
51 | association not for profits | 373 |
52 | existing company | 373 |
53 | difference between private company and public company | 374 |
54 | private company | 374 |
55 | public company | 375 |
56 | prohibition of associations and partnership exceeding certain number | 377 |
57 | consequences of illegal association | 377 |
58 | important stages involved in the process of formation of a company | 378 |
59 | promotion | 378 |
60 | registration | 379 |
61 | floatation and raising of capital | 379 |
62 | commencement of business | 379 |
63 | incorporation of a company | 379 |
64 | mode of forming incorporated company | 379 |
65 | registration of memorandum and articles | 379 |
66 | memorandum | 379 |
67 | article s of association | 380 |
68 | a letter of approval | 380 |
69 | declaration | 380 |
70 | list of directors | 380 |
71 | sanction of the controller of capital issues | 380 |
72 | challan | 380 |
73 | certificate of incorporation | 381 |
74 | effects of incorporation | 381 |
75 | a proof showing that all legal requirements have been complied with | 382 |
76 | certificate of incorporation and pre-incorporation contracts | 382 |
77 | perpetual succession | 382 |
78 | assets and liabilities of a company | 383 |
79 | memorandum of association and articles of association | 383 |
80 | important provisions | 384 |
81 | mode of forming incorporated company | 384 |
82 | requirements with respect to memorandum | 385 |
83 | forms of memorandum | 386 |
84 | printing and signature of memorandum | 386 |
85 | alteration of memorandum | 386 |
86 | special resolution and confirmation by company law board required for alteration of memorandum | 387 |
87 | change of registered office within a state | 388 |
88 | alteration to be registered within three months | 389 |
89 | effects of failure to register | 390 |
90 | provisions with respect to names of companies | 390 |
91 | companies not to be registered with undesirable names | 390 |
92 | change of name by the company | 391 |
93 | rectification of name of the company | 391 |
94 | registration of change of name and effect thereof | 392 |
95 | change of name of existing private limited companies | 392 |
96 | power to dispense with limited in name of charitable or other company | 393 |
97 | section pertaining to articles of association | 395 |
98 | articles prescribing regulation s | 395 |
99 | regulation required in case of unlimited company, company limited by guarantee or private limited company by shares | 395 |
100 | adoption and application of table A in case of companies limited by share | 395 |
101 | form f articles on the case of other companies | 396 |
102 | form and association of articles | 396 |
103 | alteration of articles by special resolution | 396 |
104 | section pertaining to change of registration of companies | 397 |
105 | registration of unlimited company as limited | 397 |
106 | sections pertaining to general provisions with respect to memorandum and articles | 397 |
107 | registration of memorandum and articles | 398 |
108 | effect of registration | 398 |
109 | conclusiveness of certificate of incorporation | 399 |
110 | effect of memorandum and articles | 399 |
111 | provisions as to companies limited by guarantee | 399 |
112 | effect of alteration in memorandum and articles | 400 |
113 | copies of memorandum and article etc to be given to the members | 400 |
114 | alteration of memorandum or articles etc, to be noted in every copy | 401 |
115 | sections pertaining to membership of the company | 401 |
116 | definition of member | 401 |
117 | membership of holding company | 401 |
118 | sections pertaining to private companies | 402 |
119 | consequences of default in complying conditions constituting a company a private company | 402 |
120 | private company to become public company in certain cases | 403 |
121 | prospectus or statement in lieu of prospectus to be field by private company on ceasing to be private company | 406 |
122 | provisions of section 45 relating to reduction of number of members below legal minimum | 408 |
123 | distinction between memorandum of association and articles of association | 408 |
unit 9:-companies Act of 1956- Part-II | ||
1 | prospectus | 414 |
2 | form and contents of the prospectus | 416 |
3 | legal requirement of a prospectus | 416 |
4 | time particulars | 416 |
5 | date | 416 |
6 | signature | 416 |
7 | copy of prospectus | 416 |
8 | statement by expert | 416 |
9 | deposits | 416 |
10 | registration | 416 |
11 | terms of contract | 416 |
12 | prospectus by foreign company | 416 |
13 | penalty for non compliance | 417 |
14 | defense | 417 |
15 | misstatement on the prospectus | 417 |
16 | liability for not stating the particulars | 417 |
17 | liability for untrue statement | 417 |
18 | statement in lieu of prospectus | 417 |
19 | distinction between a prospectus and a statement in lieu of prospectus | 417 |
20 | share capital | 418 |
21 | capital | 418 |
22 | nominal capital or authorized capital | 419 |
23 | issued capital | 419 |
24 | subscribed capital | 419 |
25 | paid-up capital | 419 |
26 | uncalled capital | 419 |
27 | reserved capital | 419 |
28 | shares | 419 |
29 | preference shares | 420 |
30 | equity share capital | 420 |
31 | share and stock | 420 |
32 | provisions relating to certificate of shares | 421 |
33 | alteration ,increase, revocation of share capital | 422 |
34 | alteration in share capital | 422 |
35 | increase in share capital | 422 |
36 | reduction in share capital | 423 |
37 | accounts and audit | 423 |
38 | books of account to be kept by company | 424 |
39 | persons responsible for keeping books of account and penalty for failure to take necessary steps to secure compliance with requirements of section 209 | 425 |
40 | inspection of books of account, other books and papers etc of companies | 426 |
41 | provisions of section 210 relating to annual accounts and balance sheet | 428 |
42 | provisions of section 217 relating to boards report | 430 |
43 | particulars in respect of certain employees | 430 |
44 | directors responsibility statement | 431 |
45 | responsibility must be signed by the chairman of the board | 432 |
46 | punishment for an offense under section 217 | 432 |
47 | penalty for improper issue circulation or publication of balance sheet or profit and loss account | 432 |
48 | circulation of annual accounts | 433 |
49 | filing of copies of accounts of a company with the registrar of companies | 434 |
50 | appointment and remuneration of auditors | 435 |
51 | provisions of section 225 as to resolution for appointing or removing auditors | 436 |
52 | qualifications and disqualification of auditors | 437 |
53 | powers and duties of auditors | 438 |
54 | provisions relating to directors | 441 |
55 | appointment of first director | 441 |
56 | appointment of directors in the annual general meeting | 442 |
57 | appointment of directors by the board of directors | 442 |
58 | appointment of directors by the central government | 442 |
59 | appointment of directors to be voted on individually | 442 |
60 | restrictions on appointment or advertisement of director | 443 |
61 | share qualification of director | 444 |
62 | time within which share qualification is to be obtained and maximum amount thereof | 444 |
63 | penalty | 445 |
64 | restrictions on number of directorship | 445 |
65 | exclusion of certain directorship | 446 |
66 | removal of directors | 446 |
67 | vacation of the office of the director | 447 |
68 | disqualification of director | 449 |
69 | right and duties of director | 450 |
70 | right to participate in the affairs of the company | 450 |
71 | rights to have remuneration | 450 |
72 | right to compensation | 450 |
73 | duties of directors | 451 |
74 | duty of greatest good faith of fiduciary duties | 451 |
75 | duty of reasonable care, skill and diligence | 451 |
76 | duty to attend board meeting | 451 |
77 | duty to invest company's money | 451 |
78 | duty not to delegate function | 451 |
79 | statutory duties | 451 |
80 | company meeting | 453 |
81 | requisites or essentials of a valid meeting | 454 |
82 | proper authority to convene and hold a company meeting | 454 |
83 | notice | 454 |
84 | agendas | 454 |
85 | chairman | 454 |
86 | quorum | 455 |
87 | proxy | 455 |
88 | ascertainment of sense of meeting | 455 |
89 | resolutions | 455 |
90 | minutes | 455 |
91 | statutory meeting | 456 |
92 | annual general meeting | 456 |
93 | extra ordinary general meeting | 456 |
Monday, May 31, 2010
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