Appeal to help

Dears,

The assignment questions/papers here must have guided and helped when you started with the course. Please similarly help others by sharing.

Please send your assignment questions/papers to " nsscdl@gmail.com " .We will publish them along with your name.

Regards,nsscdl@gmail.com

Monday, May 31, 2010

SCDL Keywords-Business Law-BL

Back to SCDL Keywords Home
business law 
sl no.unit 1:- Indian contract Act-1872-Part-Ipage no
1contract2
2requirement of a contract2
3section 2(h) 2
4two parties2
5an agreement 2
6legal obligation3
7distinction between an agreement and contract3
8essential elements of valid contract4
9section 104
10must be an agreement section 2(g), section 2(i)5
11parties to a must be competent- section 115
12there should be an intention to create a legal relationship5
13free consent of parties-section 13, section 15, section 16, section 17, section 18, section 196
14lawful consideration 6
15lawful object6
16not declared void by law-section-26, section27, section28, section29, section306
17compliance with legal formalities6
18certainty and possibility of performance7
19certainty of performance- section-297
20possibility of performance -section 567
21classification of contracts8
22types of basis of mode of formation or creation of contracts9
23express contracts-section 99
24implied contracts9
25quasi contracts9
26types on basis of extend of execution or performance10
27executed contracts10
28executory contracts10
29partly executed and partly executory contract10
30unilateral contract10
31bilateral contract10
32types on the basis of forms of contract11
33formal contract11
34simple contract11
35types of contract on the basis of validity of enforceability11
36valid contracts11
37void contracts- section 2(j)11
38illegal or unlawful contracts12
39difference between illegal and void agreements12
40unenforceable contract13
41offer and acceptance13
42offer or proposal 13
43proposal -section-2(a)13
44promise-section 2(b)types of proposals or offers14
45essentials or rules of a valid offer15
46definite offer17
47standing offer18
48lapse of an offer19
49acceptance21
50legal rules or essentials of a valid acceptance21
51provisions of contract regarding communication of offer(proposal ):acceptance and revocation 24
52communication , acceptance and revocation of a proposal 24
53completion of communication of a proposal, acceptance and revocation 24
54communication of proposal 24
55communication of acceptance24
56communication of a revocation 24
57revocation of proposals and acceptance25
58revocation of a proposal how made25
59consideration 26
60essential elements of a valid or lawful consideration 26
61act to do something or abstinence or forbearance27
62may be past, present or future27
63past consideration 27
64present consideration 27
65future consideration28
66must be real and not illusory28
67legal impossibility28
68physical impossibility28
69uncertain consideration 28
70illusory consideration 28
71consideration should move at the desire of the promissory29
72consideration may move from an person including the promisee29
73consideration for supporting each independent promise, there must be an independent consideration 29
74consideration need not be adequate30
75is something which the promissory is not already bound to do30
76 must be valuable in the eyes of law30
77exception to the rule of no consideration , no contract30
78promise made an account of love and affection 31
79promise for compensation of voluntary services31
80promise to pay any time barred debt31
81contract of agency31
82completed gifts31
83kinds of consideration 31
84present or executed consideration31
85past consideration 31
86future consideration 32
87unlawful consideration32
88illusory or unreal consideration 32
89capacity of parties32
90minors33
91agreement with minors33
92agreement with or by a minor is absolutely void33
93no ratification of minors contract34
94a minor can be a promisee34
95no restitution in agreement with a minor34
96minor's insolvency34
97no estoppels in the case of minor35
98minor as a partner35
99minor as a agent35
100person working as a surety for minor35
101liability of a minor for necessities35
102responsibility of parents or guardian s of a minor35
103liability of a minor for torts-civil wrong35
104persons of unsound mind36
105idiots36
106lunatic37
107drunkards37
108persons disqualifies from contracting by law37
109free consent 37
110coercion38
111effect of coercion on a contract39
112undue influence39
113contract with paradanashin woman41
114important points of distinction between coercion and undue influence41
115fraud42
116does silence amount to fraud42
117essential elements of fraud43
118there must be false representatives43
119it must be done by the party of his agent43
120the representative must relate to a fact43
121the other party must have been attracted to act upon the representation leading to a fraud43
122the representation intentionally done to commit a fraud must have been done before the conclusion of the contract43
123the other party must have relied upon the representation intentionally done to commit a fraud and thereby must have been deceived43
124elements of fraud and remedies44
125misrepresentation 44
126distinction between fraud and misrepresentation 45
127mistake of law46
128mistake of law and mistake of fact46
129unilateral mistake47
130bilateral mistake47
131mistake as to the possibility of performance47
132mistake as to the subject matter48
133mistake regarding the existence of subject matter48
134mistake regarding identity of the subject matter48
135mistake regarding the quantity of the subject matter48
136mistake regarding the quality of the subject matter 48
137 mistake regarding the price of the subject matter49
138mistake regarding the title of the subject matter49
   
 unit -2:-Indian contract Act-1872 -Part-II 
1legality of object and consideration 54
2the object or consideration of an agreement is unlawful if it is forbidden by law54
3the object or consideration of an agreement is unlawful if it would defeat the provisions of law55
4fraudulent55
5implies injury to any person or property of someone55
6if the court regards a consideration or an object immoral such agreement is unlawful55
7when the court regards a consideration or an object of an agreement opposed to public policy, such agreement is unlawful56
8unlawful and illegal agreement58
9void agreements58
10contingent agreement59
11contingent agreement59
12meaning60
13rules61
14wagering agreement and difference between contingent agreement and a wagering agreement62
15wagering agreement63
16contingent contract63
17performance of contract64
18kinds of tender65
19conditions of valid tender65
20tender must be unconditional66
21tender must be an offer to perform in full66
22must be at proper place as well as at proper time66
23must be made to proper person66
24must be in proper form67
25made by person who is in position and is willing to perform the promise67
26if there are several joint promises, a tender may be made to any one of them67
27reasonable opportunity67
28effect of refusal of a arty to perform promise wholly67
29contract which need not be performed67
30who can demand performance68
31by whom must contract be performed68
32promiser69
33agent69
34legal representative69
35third person69
36joint promisors69
37any one of joint promises may be compelled to perform70
38each promisor may compel contribution 70
39sharing of loss by default in contribution 70
40effect of release of one of the joint promisors71
41devolution of joint rights71
42reciprocal promises and rules regarding their performances71
43mutual and independent promises72
44mutual and concurrent promises72
45conditional l and dependent promises72
46time and place of performance of contract74
47performance of promise within a reasonable time74
48performance of promise where time and place is specified74
49application of performance at proper time and place, that is, on a certain day and at a certain place74
50promisor to apply to the promise to appoint a place for performance of promise74
51manner or time by promisee to perform a promise75
52time of performance of contract75
53where time is the essence of the contract75
54when time is not the essence of the contract75
55appropriation of payments75
56appropriation by the debtor76
57appropriation by creditor76
58appropriation by law76
59rule regarding the payment of the interest and principle when both are due76
60assignment of contract76
61discharge of contract77
62discharge of contract by performance77
63discharge of contract by agreement or consent78
64discharge of agreement by novation 78
65discharge of contract by rescission 78
66discharge of contract by alteration 79
67discharge of contract by remission 79
68discharge of contract by waiver79
69discharge of contract by merger79
70discharge of contract by owing to the occurrence of an event79
71discharge of contract by lapse of time79
72discharge of contract by operation of law80
73death80
74insolvency80
75merger80
76complete loss of evidence80
77discharge of contract by breach made by one of the parties to a contract80
78actual breach80
79anticipatory breach80
80discharge of contract by assignment81
81discharge of contract by impossibility of performance81
82discharge of contract by material alteration 82
83remedies for breach of a contract82
84recession of the contract82
85suit for damages82
86ordinary damages83
87special damages83
88minimal damages83
89vindictive damages83
90damages agreed upon in advance in case of breach of contract83
91damages of loss of reputation 84
92quantum merit84
93suit for specific performance 84
94suit for injunction85
95quasi-contract85
96kinds of quasi-contracts85
97supply of necessities86
98reimbursement of payment by an interested person86
99liability of payment for non gratuitous acts87
100responsibility of a finder of goods87
101payment of money by mistake or coercion88
102distinction between a contract and a quasi-contract88
103distinction between a contingent contract and a quasi-contract89
   
 unit 3:- special types of contract 
1contract of indemnity94
2contract of guarantee95
3liabilities of a surety95
4rights of a surety96
5right to information 96
6right of consultation 96
7right of subrogation 96
8right to indemnity97
9continuing guarantee97
10contract of bailment98
11duties of the bailee98
12rights of bailee98
13contract of pledge99
14right of a Pawnee100
15contract of agency101
16principal agent101
17who can appoint a agent101
18who may be an agent101
19the test of agency101
20agent 102
21servant102
22creation of agency103
23agency by express agreement103
24agency by implied agreement103
25agency by estoppels or by holding out104
26husband and wife105
27agency by operation of law105
28agency by ratification 106
29ratification106
30effect of ratification 106
31ratification may be express or implied107
32ratification is tantamount to prior authority107
33important essentials or requisites of valid ratification 108
34existence of principal108
35the capacity of principal108
36full knowledge of facts is essential 109
37the act must be done for or an behalf of the principal109
38ratification of the whole transaction109
39unauthorized act injuring third person or party cannot be ratified109
40the act to be ratified must be legal110
41ratification can be done by the principal if he has the power to do so110
42ratification must be done within a reasonable time110
43ratification must be communicated to the concerned party110
44ratification relates back to the date of the act of the agent110
45the act ratified must relate to an existing thing111
46limitations to the principle of ratification 111
47types of agents112
48special agents112
49general agents112
50universal agents113
51CO-agents113
52substituted agents113
53sub-agents114
54factor115
55broker116
56auctioneer116
57commission agent116
58del credere agents116
59forwarding agents117
60clearing agent117
61indenting agent117
62rights, duties and the liabilities of an agent117
63actual authority of an agent118
64apparent or obsensible authority119
65agent's authority in an emergency119
66delegation of authority by agent120
67rights, duties liabilities of an agent to his principal121
68rights f an agent121
69agents right to do all lawful things121
70agents rights in emergency121
71agents right to appoint sub agent and substitute agent122
72agents right to renounce his agency122
73agents right to receive remuneration when due122
74agents right to receive compensation for premature revocation 123
75agents right of retainer123
76agents right of lien on principal property124
77agents right of indemnification against the consequences of lawful or legal acts124
78agents right to be indemnified against the consequences of all the acts done in good faith124
79agents right to stoppage in transit125
80agents right of compensation for injury caused by his principal neglect or want of skill125
81duties and liabilities of an agent to his principal126
82agents duty to conduct principals business according to his instruction or direction s126
83agents duty on the termination of agency by his principal death or insanity127
84agents duty to conduct or carry on the work with reasonable care, skill and diligence127
85agents duty to render account properly to his principal128
86agents duty not to delegate his authority128
87agents duty to communicate with principal in case of difficulty128
88agents duty not to deal on his own account in the business of agency129
89agents duty not to earn or make secret profit from agency business129
90agents duty not to use the information obtained in the course of the agency business against his principal130
91agents duty not to pay sums received of principal130
92agents duty not to set up an advance adverse title131
93agents duty in naming an agent for his principal131
94agents liability in respect of damages and misconduct131
95personal liability of an agent where fixed by trade or custom usage131
96when an agent agrees expressly to be liable131
97agents liability for his wrongful act132
98liability of an agents for the acts of the sub-agent132
99rights, duties and liabilities of principal132
100rights of principal against his agent132
101principals right t o benefits gained by his agent dealing on his won account in the business of agency133
102principals right to recover damages133
103principals right to refuse remuneration to his agent when he is guilt of misconduct133
104principals right to revoke agent's authority134
105principals right to ratify or disown his agents acts134
106duties and liabilities of principal to his agent134
107principals duty to pay remuneration and dues to his agent134
108principals duty to indemnify his agent against consequences of all legal or lawful acts135
109principals duty towards his agent to indemnify him against ht consequences of all acts done in good faith135
110principals duty to compensate his agent for injury caused136
111liability of the principal in respect of contracts entered by his agent with third parties136
112liability of the principal when the notice is properly given to his agent136
113liability of ht principal when he induces third parties or persons to believe that his agents unauthorized acts were authorized136
114principals liability on account of agents misrepresentation or fraud137
115termination of agency137
116termination of agency by act of the parties to the contract of agency137
117termination of agency by agreement between his principal and his agent138
118termination of agency by revocation of agency by his principal138
119when principal may revoke agents authority138
120compensation for revocation of agent s authority by principal138
121reasonable notice of revocation to his agent by his principal139
122irrevocable agency139
123agency cannot be revoked140
124agency coupled with interest140
125where authority has been partly exercised by the agent141
126where an agent has incurred personal liability 141
127when revocation or termination of agency takes effect141
128termination of sub-agency and substituted agency142
129termination of agency by renunciation of business by the agent142
130renunciation of agency by the agent143
131renunciation of agency may be expressed or implied143
132compensation for renunciation by an agent143
133provision of reasonable notice of renunciation by the agent to his principal 143
134termination of agency by operation of law143
135completion of the agency business143
136expiry of period of time143
137destruction of subject matter144
138insolvency of the principal and in some cases that of the agent144
139death of the principal144
140death of agent145
141insanity of either party145
142principal becoming an alien enemy145
143object of agency becoming illegal or unlawful145
144incapacity of principal or agent145
145termination of sub agents authority145
   
 unit 4:-partnership Act 1932 
1an act of firm 152
2business152
3third party152
4definition of partnership, partner etc153
5the essential elements of main features of a partnership153
6who can be partners153
7minor154
8enemy154
9alien enemy154
10lunatic154
11voluntary agreement155
12sharing of profit of business155
13mutual agency155
14corporation or company or partnership firms156
15test of partnership156
16types of partnerships and partners158
17partnership for fixed term158
18partnership at will159
19particular partnership159
20types of partners160
21active or passive partners160
22nominal partners160
23sleeping or dormant partner160
24sub-partner161
25partner in profits only161
26partner by estoppels or holding out162
27formation of partnership and registration of firm162
28formation of partnership 162
29registration of firms163
30rights, duties and liabilities of partners165
31to take part in the conduct or management of the partnership business165
32to be consulted and right to take decision by majority165
33to have access to books of the firm165
34to have equal share in the profits165
35to receive interest on capital 165
36to receive interest on advances165
37to be indemnified165
38to perform acts in emergency166
39to apply property of the firm for the purpose of the business of the firm166
40to function as an agent of the firm 166
41to prevent introduction of a new partner166
42to retire166
43not to be expelled166
44of an outgoing partner to carry on competing business166
45of outgoing partner in certain cases to share subsequent profits167
46duties and liabilities of partners167
47general duties167
48to carry on the business to the common advantage167
49to be just and faithful to other partners of his firm 167
50to render true accounts167
51to provide full information 167
52to indemnify for loss caused by fraud168
53to attend diligently to his duties168
54to work without hesitation 168
55to contribute to losses168
56to indemnify for willful neglect168
57 to hold and use partnership property exclusively for the partnership firm 169
58to account for personal or private profits169
59not to compete with the business or the partnership firm 169
60to act within authority169
61not to assign his rights169
62liabilities of partners to third party170
63liability of partners for acts of the firm170
64liability of the firm for wrongful acts of its partners170
65liability of the firm for wrongful acts of its partners170
66provisions relating to ability for holding out171
67exceptions172
68deceased partner172
69insolvency of a partner173
70dormant partner173
71liability of the firm to third party for misappropriation 173
72mutual relations of partners173
73the authority of partner and the liability to third party174
74authority of a partner174
75express and implied authority of a partner174
76implied authority of a partner and third parties174
77implied authority of a partner as agent of the firm174
78partners authority in an emergency175
79effect of admissions by a partner175
80notice to a partner175
81provisions relating to minor partners and property of the firm175
82provisions relating to minor partners175
83reconstitution of a firm 178
84incoming and outgoing partner178
85retirement of a partner180
86liability of a retired partner180
87expulsion of a partner181
88insolvency of partners181
89death of partner182
90transfer of partners interest183
91rights of outgoing partner183
92revocation of continuing guarantee by change in firm184
93dissolution of a firm 185
94modes of dissolution of a firm185
95dissolution of partnership firm by voluntary acts of partners186
96dissolution by consent186
97dissolution by agreement186
98dissolution by notice186
99dissolution by operation of law187
100compulsory dissolution 187
101insolvency of partners187
102certain events making partnership business unlawful187
103dissolution of partnership firm on happening of certain contingencies188
104dissolution by the order of the court188
105insanity of a partner189
106permanent incapacity of a partner189
107misconduct of a partner190
108willful or persistent breaches of agreement190
109transfer of interest by a partner190
110business carried on at loss190
111any other just an equitable ground191
112rights of partner on dissolution of the firm191
113right s of the partner to have business wound up after dissolution of the firm 191
114right s of the partner to bind the firm 191
115rights of the partner to settle the debts of the firm out to the property of the firm192
116payment of firm s debt and of separate debt192
117right relating to the use of firms name after the dissolution of the firm192
118right of a partner the amount of premium paid ,if any an premature dissolution 192
119rights of a partner where partnership contract is rescinded for fraud or misrepresentation 193
120right of a partner to restrain other partner s from using firms name and property of the firm 193
121liabilities of a partner on the dissolution of his firm 194
122continuing liability of a partner after dissolution 194
123liability on account of holding out194
124liability of a partner to share personal profit195
125personal profit earned by partners195
126provisions relating settlement of accounts on dissolution of a firm195
127provisions relating to losses195
128provisions relating to application of assets196
129provisions relating to firms debts and private debts, when both exist196
130provisions relating to the insolvency of one of the partners196
131provisions relating to sale of goodwill on dissolution197
132provisions relating to public notice197
133consequences of not giving a public notice198
134distinction between partnership and other forms of organisation 198
135distinction between partnership and company198
136distinction between partnership and joint Hindu family200
137distinction between partnership and co-ownership202
138distinction between partnership and a club or a society204
   
 unit 5:-sales of Goods Act-1932 
1contract of sale of goods210
2sale and agreement to sell211
3essentials of contract of sale211
4two parties211
5goods- the subject matter of the contract212
6transfer of the property212
7monetary elements of valid contract212
8a contract t of sale includes as well as an agreement to sell213
9formalities of contract of sale213
10goods213
11existing goods213
12specific goods213
13ascertained goods213
14unascertained or generic goods213
15future goods214
16contingent goods214
17effects of destruction of goods or perishing of goods215
18ascertainment of price216
19stipulation as to time216
20sales and agreement to sell217
21nature of contract217
22transfer of the ownership of property217
23types of goods or nature of property transferred218
24general and particular property218
25consequences of breach218
26risk of loss218
27sellers right of reselling goods218
28sellers insolvency219
29buyers insolvency219
30sale and hire purchase agreement219
31nature of contract and ownership219
32termination of a contract220
33implied conditions and warranties220
34payment in installment220
35insolvency of the buyer and risk of loss220
36sale and bailment220
37sale and barter exchange221
38conditions and warranties221
39when condition is treated as a warranty222
40voluntary waiver of condition222
41acceptance of goods by buyer222
42difference between a condition and a warranty223
43purpose223
44difference as to breach223
45difference as to treatment223
46essence of the contract of sale223
47damages224
48express and implied conditions and warranties224
49expressing facit ceassare tactium224
50modus et conventio vincent legem224
51implied conditions in a contract of sale224
52condition as to title225
53condition as to sale by description 226
54condition as to sale by description as well as sample226
55condition as to sale by sample226
56condition as to quality or fitness226
57condition as to merchantability 227
58condition as to wholesomeness227
59condition implied by custom227
60implied warranties in contract of sale228
61implied warranties of quiet possession228
62implied warranty of freedom from encumbrance228
63implied warranty as to quality or fitness by usage of trade228
64implied warranty to disclose dangerous nature of goods229
65inclusion of express conditions and warranties229
66exclusion of implied conditions and warranties in contracts of sale229
67doctrine of caveat emptor229
68implied conditions as to quality or fitness for buyers purpose230
69merchantability quality or sale of goods by description 230
70usage by trade231
71consent by fraud231
72transfer f property or ownership231
73risks of property232
74insolvency232
75damages232
76suit for price232
77passing of property from seller to buyer232
78passing of property in a contract for sale of specific or ascertained goods232
79intention of the parties232
80passing of the property at ht time of contract233
81passing of the property in the case of specific goods where the goods are to be put into deliverable state233
82passing of the property in the case of specific goods when the price is to be ascertained by weighing etc233
83passing of property in the contract for sale of unascertained goods233
84passing of the property in goods sent on approval or on sale of return 234
85reservation of right of disposal 235
86passing of risk 236
87transfer of title by non-owners236
88sale by person not the owner or title by estoppels237
89title by a mercantile agent237
90sale of one of joint owners238
91sale by a person in possession under voidable contract238
92sale by the buyer or seller as possession after sale238
93sale by unpaid seller238
94exceptions in the other acts238
95performance of contract of sale239
96performance of contract of sale239
97delivery of goods239
98actual delivery239
99symbolic delivery239
100constructive delivery or delivery by attornment239
101rules regarding delivery of goods240
102mode of delivery240
103delivery of goods and payment of price are concurrent conditions240
104effect of part delivery of goods240
105buyer to apply for delivery241
106place of delivery of goods241
107risks of delivery241
108time of delivery241
109goods in possession of third person or party242
110cost of delivery of goods242
111delivery of wrong quantity242
112delivery of goods less than contracted for242
113delivery of goods in excess quantity contracted for242
114delivery of goods contracted for mixed with other goods242
115installment deliveries of goods242
116delivery to carrier or wharfinger243
117when an acceptance is complete on delivery of goods243
118buyer not bound to return rejected goods243
119liability of a buyer for neglecting or refusing delivery of goods244
120rights of unpaid seller and remedial measures244
121rights of an unpaid seller and remedial measures244
122rights of unpaid seller against the goods sold245
123rights against the buyer personally245
124rights o unpaid seller against goods245
125right of lien245
126termination of lien246
127right of stoppage of goods in transit247
128duration of transit247
129how stoppage in transit is affected248
130distinction between right of lien and right of stoppage in transit248
131effect of pledge or sub-sale by the buyer249
132right of resale249
133right to withhold the deliver of goods250
134rights of unpaid seller against the buyer personally250
135right to sue for price250
136where the property in goods has passed to the buyer250
137where the property in goods has not passed t the buyer250
138right to sue for damages for non-acceptance250
139right to repudiate the contract before the repudiate the contract before the due date251
140right to sue for interest251
141sale by auction 251
   
 unit 6:-the negotiable instrument Act-1881 
1negotiable instruments-258
2must be in writing259
3free transferability or easy negotiability 259
4title of holder is free from all defects259
5recovery259
6presumptions259
7presumptions to negotiable instrument259
8of consideration 260
9as to date260
10as to time of acceptance260
11as to time of transfer260
12as to order of endorsement 260
13as to stamps260
14as to holder in due course260
15as to proof of protest260
16payment260
17payable to order to bearer260
18types of negotiable instrument261
19negotiable instrument recognized by statue261
20negotiable instruments recognized by usage or custom of trade261
21bill-of- exchange261
22promissory note263
23cheque265
24a cheque in electronic form266
25truncated cheque266
26clearing house266
27types of cheque268
28bearer or open cheques268
29crossed cheques268
30trade bill and accommodation bill268
31fictitious bill269
32documentary and clean bill269
33inchoate instrument269
34ambiguous instrument270
35escrow270
36bills in sets271
37holder of first acquired part to entitled to all271
38inland and foreign instrument272
39inland instrument272
40foreign instrument272
41protest of foreign bills272
42law governing liability of maker, acceptor or endorser of foreign instrument272
43law of place of payment governs dishonor272
44instrument made etc, out of India , but in accordance with the law of India272
45presumptions as to foreign law272
46instruments payable on demand273
47distinction between bill of exchange and a promissory note273
48distinction between a cheque and bill of exchange274
49parties t negotiable instrument274
50parties to promissory note275
51maker payee holder endorser and endorsee275
52parties to cheque275
53drawer drawer the payee holder endorser and endorsee275
54parties to bill of exchange276
55drawer drawer acceptor payee endorser and endorsee holder drawer in case of need acceptance of honor276
56capacities of parties to the negotiable instrument277
57minor277
58lunatics or persons of unsound mind277
59insolvent277
60agent278
61partnership firm278
62joint stock company278
63legal representative278
64Hindu joint family279
65possession of instrument279
66entitled to receive the amount279
67holder in due course280
68must be a holder281
69must be holder for valuable consideration 281
70must become a holder of the negotiable instrument before the date of maturity281
71must become a holder of the negotiable in good faith281
72rights and privileges of holder in due course282
73liabilities of prior parties282
74installment purged or cleansed of all defects282
75privilege in case of inchoate stamped instrument not affected283
76no effect of condition al delivery or of special delivery283
77no effect of absence of consideration or presence of an unlawful consideration 283
78privilege in case of fictions bill283
79estoppels against denying original validity of instrument284
80estoppels against denying capacity of payee to endorse284
81estoppels against endorsed to deny capacity of prior parties284
82distinction between holder and holder in due course284
83negotiation and types of endorsement284
84procedure of transfer or modes of negotiation 285
85negotiation by delivery285
86negotiation by endorsement and delivery287
87types of endorsement287
88general of blank endorsement288
89full or special endorsement288
90partial endorsement289
91restrictive endorsement290
92conditional endorsement290
93sans recourse endorsement290
94facultative endorsement291
95sans frais endorsement291
96liability depends upon contingency291
97the duration of negotiability 291
98duties and liabilities of paying banker292
99liability of drawer of cheque292
100protection of paying banker292
101material alteration 293
102crossing295
103cheque crossed generally296
104cheque crossed specially296
105cheque bearing not negotiable297
106account payee crossing297
107duties and liabilities of collecting banker299
108bouncing of a cheque- a criminal offence301
109punishment302
110offences of companies304
111company includes firms also305
112cognizance of offences305
113mode of services of summons305
114evidence of affidavit305
   
   
 unit 8:-the consumer protection Act-1986 
1appropriate laboratory314
2branch office314
3consumer314
4person317
5goods318
6service318
7spurious goods and services320
8trader320
9manufacturer321
10consumer dispute322
11complaint322
12restrictive trade practices324
13unfair trade practices325
14defect326
15deficiency328
16members329
17consumer protection councils330
18the central consumer protection council330
19the state consumer protection council331
20district consumer protection council332
21consumer dispute redressal agencies332
22district forums333
23establishment and composition of district forums333
24jurisdiction of district forum333
25manner of making complaint334
26procedure on receipt of complaint335
27procedure followed by the district forum on admission of a complaint relating to goods339
28procedure followed by the district forum on admission of a complaint relating to services341
29power f district forums342
30findings of district forums343
31provisions relating to appeals to the state commission 343
32state commission 345
33composition of the state commission 345
34jurisdiction of state commission 347
35to entertain 347
36provisions of the act relating to transfer of cases348
37provisions relating to appeals to the national commission 348
38hearing of appeal349
39national commission 349
40composition of national commission 349
41jurisdiction of the national commission 350
42monetary jurisdiction 350
43appellate jurisdiction 350
44supervisor and provisional jurisdiction 350
45power of procedure applicable to the national commission 350
46power to set aside ex parte orders350
47transfer of cases351
48circuit benches351
49contents of complain351
50appearance of the parties before the national commission 351
51time limit for deciding the complaint352
52orders by the national commission 352
53rule 15 of the consumer protection rule of 1987 relating to the procedure for hearing the appeal by the national commission 352
54sitting of the national commission and signing of orders353
55provisions relating to an appeal to the supreme court354
56some other provisions of the act354
57finality of orders354
58limitation period354
59dismissal of vexation or frivolous complaints355
60penalties355
61appeal against the order passed under section 22356
62protection of the action taken in good faith356
63service of notice356
   
 companies Act of 1956-Part I 
1company362
2main features or characteristics of company364
3registration 364
4voluntary association 364
5legal personality364
6contractual capacity364
7management364
8permanent existence364
9registered office364
10common seal364
11limited liability364
12transferability364
13statutory obligations364
14artificial personality365
15residence365
16no fundamental rights365
17separate name365
18number of members365
19shareholders are actual owners365
20raising of capital on large scale365
21capacity to sue365
22rigidity of objects365
23statutory requirements366
24company is body corporate366
25an incorporate association366
26separate legal entity366
27an artificial person but not a citizen366
28lifting or piercing the corporate veil366
29important types of companies368
30classification on the basis of liability368
31company limited by shares368
32company limited by guarantee368
33unlimited companies369
34classification based on mode of incorporation 369
35chartered companies369
36statutory company369
37registered companies under act370
38classification on the basis of ownership370
39private company370
40public company370
41government company371
42classification on jurisdiction of functioning372
43nation al company372
44multinational company372
45foreign company372
46classification on the basis of control and or shareholding372
47holding company372
48subsidiary company372
49other types373
50one man company373
51association not for profits373
52existing company373
53difference between private company and public company374
54private company 374
55public company375
56prohibition of associations and partnership exceeding certain number377
57consequences of illegal association 377
58important stages involved in the process of formation of a company378
59promotion 378
60registration 379
61floatation and raising of capital 379
62commencement of business379
63incorporation of a company379
64mode of forming incorporated company379
65registration of memorandum and articles379
66memorandum379
67article s of association 380
68a letter of approval 380
69declaration 380
70list of directors380
71sanction of the controller of capital issues380
72challan 380
73certificate of incorporation 381
74effects of incorporation 381
75a proof showing that all legal requirements have been complied with 382
76certificate of incorporation and pre-incorporation contracts382
77perpetual succession 382
78assets and liabilities of a company383
79memorandum of association and articles of association 383
80important provisions384
81mode of forming incorporated company384
82requirements with respect to memorandum385
83forms of memorandum386
84printing and signature of memorandum386
85alteration of memorandum386
86special resolution and confirmation by company law board required for alteration of memorandum387
87change of registered office within a state388
88alteration to be registered within three months389
89effects of failure to register390
90provisions with respect to names of companies390
91companies not to be registered with undesirable names390
92change of name by the company391
93rectification of name of the company391
94registration of change of name and effect thereof392
95change of name of existing private limited companies392
96power to dispense with limited in name of charitable or other company393
97section pertaining to articles of association 395
98articles prescribing regulation s395
99regulation required in case of unlimited company, company limited by guarantee or private limited company by shares395
100adoption and application of table A in case of companies limited by share395
101form f articles on the case of other companies396
102form and association of articles396
103alteration of articles by special resolution396
104section pertaining to change of registration of companies397
105registration of unlimited company as limited397
106sections pertaining to general provisions with respect to memorandum and articles397
107registration of memorandum and articles398
108effect of registration398
109conclusiveness of certificate of incorporation 399
110effect of memorandum and articles399
111provisions as to companies limited by guarantee399
112effect of alteration in memorandum and articles400
113copies of memorandum and article etc to be given to the members400
114alteration of memorandum or articles etc, to be noted in every copy401
115sections pertaining to membership of the company401
116definition of member401
117membership of holding company401
118sections pertaining to private companies402
119consequences of default in complying conditions constituting a company a private company402
120private company to become public company in certain cases403
121prospectus or statement in lieu of prospectus to be field by private company on ceasing to be private company406
122provisions of section 45 relating to reduction of number of members below legal minimum408
123distinction between memorandum of association and articles of association 408
   
 unit 9:-companies Act of 1956- Part-II 
1prospectus414
2form and contents of the prospectus416
3legal requirement of a prospectus416
4time particulars416
5date416
6signature416
7copy of prospectus416
8statement by expert416
9deposits416
10registration 416
11terms of contract416
12prospectus by foreign company416
13penalty for non compliance417
14defense417
15misstatement on the prospectus417
16liability for not stating the particulars417
17liability for untrue statement417
18statement in lieu of prospectus417
19distinction between a prospectus and a statement in lieu of prospectus417
20share capital418
21capital418
22nominal capital or authorized capital 419
23issued capital 419
24subscribed capital 419
25paid-up capital 419
26uncalled capital 419
27reserved capital 419
28shares419
29preference shares420
30equity share capital 420
31share and stock420
32provisions relating to certificate of shares421
33alteration ,increase, revocation of share capital 422
34alteration in share capital 422
35increase in share capital 422
36reduction in share capital 423
37accounts and audit423
38books of account to be kept by company424
39persons responsible for keeping books of account and penalty for failure to take necessary steps to secure compliance with requirements of section 209425
40inspection of books of account, other books and papers etc of companies426
41provisions of section 210 relating to annual accounts and balance sheet428
42provisions of section 217 relating to boards report430
43particulars in respect of certain employees430
44directors responsibility statement431
45responsibility must be signed by the chairman of the board432
46punishment for an offense under section 217432
47penalty for improper issue circulation or publication of balance sheet or profit and loss account432
48circulation of annual accounts433
49filing of copies of accounts of a company with the registrar of companies434
50appointment and remuneration of auditors435
51provisions of section 225 as to resolution for appointing or removing auditors436
52qualifications and disqualification of auditors437
53powers and duties of auditors438
54provisions relating to directors441
55appointment of first director441
56appointment of directors in the annual general meeting442
57appointment of directors by the board of directors442
58appointment of directors by the central government442
59appointment of directors to be voted on individually442
60restrictions on appointment or advertisement of director443
61share qualification of director444
62time within which share qualification is to be obtained and maximum amount thereof444
63penalty445
64restrictions on number of directorship445
65exclusion of certain directorship446
66removal of directors446
67vacation of the office of the director447
68disqualification of director449
69right and duties of director450
70right to participate in the affairs of the company450
71rights to have remuneration 450
72right to compensation 450
73duties of directors451
74duty of greatest good faith of fiduciary duties451
75duty of reasonable care, skill and diligence451
76duty to attend board meeting451
77duty to invest company's money 451
78duty not to delegate function451
79statutory duties451
80company meeting453
81requisites or essentials of a valid meeting454
82proper authority to convene and hold a company meeting454
83notice454
84agendas454
85chairman454
86quorum455
87proxy455
88ascertainment of sense of meeting455
89resolutions455
90minutes455
91statutory meeting456
92annual general meeting456
93extra ordinary general meeting456

0 comments:

Post a Comment