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LAW CHARTS: CPTA///IPTA///INC.TA/// RBIACT//NIA ACT//BRACT// CONTRACT//ICOMPACT////ARBITN////CONCIACT////.

1.CPTA: CONSUMER PROTECTION ACT


CERTAIN RIGHTS OF CONSUMER -------------------------------------------------------------------------------------------------------------------------------------

I RIGHT TO BE HEARD

2 RIGHT TO CONSUMER EDUCATION

3 RIGHT TO CHOICE VARIETY OF GOODS

4 RIGHT TO QUALITY

5 RIGHT TO REDRESSAL OF G GRIEVANCES

COMPLAINTS : any grievance in writing regarding (Q Q P P P S) QUALITY QUANTITY POTENCY PURITY PRICE STANDARD

SERVICES : INCLUDES

BANKING TELECOMMUNICATIONS TRANSPORT ENTERTAINMENT NEWSPURVIEWING CONSTRUCTION AIRLINES MEDICAL VP SHANTA V/S INDIAN MEDICAL ASSOCIATION ( MEDICAL NEGLIGENCE CASESC) Medical malpractice refers to profesional negligence by a health care professional or provider in which treatment provided was substandard, and caused harm, injury or death to a patient. In the majority of cases, the medical malpractice or negligence involved a medical error, possibly in diagnosis, medication dosage, health management, treatment or aftercare. The error may have been because nothing was done (an act of omission), or a negligent act.

Medical malpractice law provides a way for patients to recover compensation from any harms resulting from sub-standard treatment. The standards and regulations for medical malpractice differ slightly from country-to-country; even within some countries, jurisdictions may have varying medical malpractice laws. A hospital, doctor or other health care professional is not liable for all the harms a patient might suffer. They are only legally responsible for harm or injuries that resulted from their deviating from the quality of care that a competent doctor would normally provide in similar situations, and which resulted in harm or injury for the patient. EX: A child admitted to an hospital shifted to another due to emergency..GOES into vegetative

condition/Coma ..From a Govt Hospital to PVT..for treatment..what happens? (In Almost serious cases the patients are trasfered from one hospital to another when they are not satisfied with the treatment in an Hospital specially if it is Govt..BUT usually the patient is transferred on basis of an undertaking from the Blood relations../guardians/relations that they are taking away at on Risk.) In such cases Medical Negligence on part of a Doctor is defended on grounds that PROPER TREATMENT WAS GIVEN AT THE TIME OF ADMISSION . (SIMILAR CASES TO BE STUDIED) 2.. EPTA : ENVIRONMENT PROTECTION ACT: M.C METHA V/S UNION OF INDIA SC CASE. WHERE THE CONCEPT OF POLLUTER PAYS was coined by the Supreme COURT AND also the very important principle of STRICT LIABILITY. PRINCIPLE ENSHRINED IN OUR CONSTITUTION: RIGHT TO LIFE. pollution free environment is protected under our constitution. pollution means AIR, WATER AND ALSO NOISE POLLUTION.even the protection of animals under WPACT wildlife protection act envisages the protection of animals and endangered species hence we find many laws pertaining to protection of forest and wild life no noise pollution in the forest,eg;MAHERAN no vehicles allowed out of permissible range. similary SC GUIDELINES PERTAIINING TO STRICT RULES REG.POLLUTION Government of India's Ministry of Environment and Forests accepted all recommendations by Awaaz
Foundation on 11 January 2010 for stricter noise laws in the country and issued a new notification to ban on the use of loudspeakers, musical instruments and honking in the areas demarcated as silence zones, [24] including area around religious places throughout India. The MoEF also denied permission to the State Government of Maharashtra to permit private helipads for personal use of individuals atop residential buildings and included other sources of noise such as traffic and construction noise within the ambit of the [25] Rules for the first time. But The state Government of Maharashtra had initially, in its notification, asked municipal bodies in the state to demarcate area of 100 metres (330 ft) around educational institutions, hospitals and courts as silence zones but did not consider the areas surrounding religious places as silence zones. Awaaz [26] foundation filed a Public Interest Litigation on 12 November 2007 in Mumbai High Court seeking implementation of Noise Pollution Rules, 2000, which contemplate creation of silence zones around Educational places, courts, hospitals and religious places also.In 2009 the Bombay High Court accepted the need for implementation of stricter noise laws and ordered the State Government to implement Noise Pollution regulation rules notified by 'Central Pollution board', (one of the Subordinate and statutory bodies) of Government of India's Ministry of Environment and Forests. Consequent to the Bombay High Court Order, the State Government of Maharashtra initially notified and asked municipal bodies in the state to demarcate an area of 100 metres (330 ft) around educational institutions, hospitals and courts as silence zones but did not consider the areas surrounding religious places as silence zones. [27] Awaaz Foundation once again petitioned the Court to have these places notified as silence zones. On 6 August 2009, the principal secretary of the Home Department, Government of Maharashtra in an

affidavit told the court that about 1,313 religious places had been identified in the city of Mumbai and the BMC would put up Silence zone boards within three months.

Health effects of pollution

Finally On 20 Aug 2009 principal secretary (appeals and security) Government of Maharashtra Mr. Anna Dani filed an affidavit stating that a supplementary notification has been issued to include all religious places in silence zone, and has been circulated to all civic bodies in the state

It was Foundations advocacy against noise pollution in India that motivated the Government of India to make rules and implement them. Awaaz Foundation has successfully petitioned both local and state governments in India to impose stricter noise pollution laws. Under the new Environment Protection Act, in which the Noise Pollution Rules are framed, violation of the rules is punishable with a Jail term of up to five years and fine of 100,000

3. 3..ARBTRATION AND CONCILLIATION ACT

Conciliation Act, 1996

Section 7 in The Arbitration And

7. Arbitration agreement. (1) In this Part,' arbitration agreement' means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. (2) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement. (3) An arbitration agreement shall be in writing. (4) An arbitration agreement is in writing if it is contained in(a) a document signed by the parties; (b) an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement; or (c) an exchange of statements of claim and defence in which the existence of the agreement is alleged by one party and not denied by the other. (5) The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if the contract is in writing and the reference is such as to make that arbitration clause part of the contract.

Why do cases go to arbitration?

Cases go to arbitration for one of two reasons.

Mandatory: Arbitration is required by law for some court cases. State law requires that some cases filed in state courts go to mandatory arbitration. Voluntary: Parties may agree to arbitration before or after filing a court case, or may have a contract that requires them to arbitrate disputes.

Who is an arbitrator?

In mandatory arbitration, an arbitrator can be either a lawyer or a non-lawyer. The parties get to choose the arbitrator. However, if they cannot agree, the court selects an arbitrator. Arbitrators are required to take an oath and follow the same ethical rules as a judge. In mandatory arbitration, one arbitrator will hear a case alone. In voluntary arbitration, the parties may choose whether there will be a single arbitrator or a panel of arbitrators. Typically, arbitration panels include 3 arbitrators, although there may be more or less depending on the agreement between the parties.
What kind of cases go into arbitration?

Two kinds of cases go into arbitration under state law: Some civil actions involving claims for damages or money, and Some family law matters.

How does arbitration work?

After an arbitrator is chosen, he or she will make procedural decisions. If the parties do not agree what evidence can be submitted, or other procedural questions, the arbitrator will decide those issues. The arbitrator will tell the parties when documents are due and when hearings will be held. If one side asks for arbitration to be delayed to have more time to get ready, the arbitrator will decide whether the delay is fair to both sides. In mandatory court arbitration, the case will usually have a hearing within 7 weeks after the arbitrator is chosen. An arbitrator should issue a decision within 20 days after the hearing is finished. In voluntary arbitration, a contract or other agreement of the parties may set the timelines. Before the hearing, each party must give the arbitrator and the other side a list of witnesses who will testify at the arbitration hearing and a description of any evidence the party will present. Each party must also give the other side contact information for all witnesses and documents and let the other side see and copy any documents they plan to use as evidence before the hearing. Arbitration hearings are not usually recorded by a court reporter or on a tape. If one party wants a recording of the arbitration, they will have to pay for it. Witnesses At the hearing, witnesses are sworn in, just like in court. Then, the parties or their lawyers can ask questions and introduce evidence. The arbitrator may ask the witnesses questions. Sometimes the arbitrator will accept written statements from witnesses instead of having those people appear in person at the arbitration. Other evidence The arbitrator may accept other evidence from the parties or their lawyers. If the arbitrator thinks something important is missing, he or she may schedule another hearing or ask the parties or their lawyers to submit other evidence after the hearing.

Talking to the arbitrator Like a judge, the arbitrator cannot talk to one side about the case without the other side there. There are some exceptions, like if the other side agrees that it is okay for the arbitrator to talk to you, or if the other side does not show up to a hearing. No one can tell the arbitrator about any offers to settle the case unless all of the parties agree.
Can an arbitrators decision be appealed?

In most mandatory arbitration cases, the parties accept the arbitrators decision or they agree to settle the case. If a party wants to appeal the arbitrator's decision, the case may go back to court for a judge or jury to decide. An appeal must be filed within 20 days after the arbitration award is filed CASE LAW: A and B AGREES to go in for an arbitration proceedings in case a dispute arises in future,in contract.however later B refuses to agree to the arbitration when a dispute arises and approaches the court.check whether B has right to do so.

"8. Power to refer parties to arbitration where there is an arbitration agreement.- (1) A Judicial authority before which an action is brought in a matter which is the subject of anarbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration. (2) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof. (3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made. 13 A bare reading of the above section and in particular the words "if a party so applies not later than when submitting his first statement on the 9 substance of the dispute", would indicate that unless the parties makes an application to refer the matter to arbitration and further that the said application is made before judicial refer authority the will not automatically parties or mechanically to arbitration.

14 In the case of P. Anand Gajpathi Raju and others (Supra) cited by the Counsel for the plaintiff, the Apex Court observed in para 5 as under:"5. The conditions which are required to be satisfied under sub-sections (1) and (2) of Section 8before (1) the Court is can exercise its powers are: there an arbitration agreement;

(2) a party to the agreement brings an action in the Court against other party (3) subject-matter of the action is the same as the subject matter of the arbitration agreement; (4) the other party moves the court for referring the parties to arbitration before it submits ............." 15 12 In the case of Sukanya held Holdings (P) Ltd. as V. Jayesh Pandya and another, reported in (2003) 5 SCC 531, the Hon'ble Supreme Court in para under:"For interpretation of Section 8, Section 5 would have no bearing because it only contemplates that in the matters governed by Part I of the Act, the judicial authority shall intervene except where so provided case where parties to the arbitration agreement do not take appropriate steps as contemplated under sub-sections (1) and (2) of Section 8 of the Act." not 10 his first statement on the substance of the dispute.

4.LAW AND JUDICIARY IN INDIA.


RELATING TO PROPERTY//WILL-TESTAMANTORY SUCCESSION//INSURANCE CLAIM
CIVIL LAW (LAW OF TORTS) DEFAMATION TRESPASS NEGLIGENCE BATTERY/ASSAULT/MAYHEM AND CRIMINAL LAW..(CRIMINAL JURISPRUDENCE) ALL OFFENCE UNDER INDIAN PENAL CODE LIKE MURDER, CULPABLE HOMICIDE NOT AMT TO MURDER RAPE/ OFFENCES RELATED TO MARRIAGE (498 A..DOWRY)DIVA :DOMESTIC VIOLENCE ACT ETC

CASELAW: TRANSFER OF PROPERTY///INSURANCE CLAIMS TO LEGAL HEIRS. TESTAMANTORY SUCCESSION: When property is transmitted as per the intention of a person according to his WILL ,after his death IT IS TESTAMANTORY SUCCESION.

INTESTATE SUCCESION: The property of a deceased transmits as per THE PERSONAL LAW, HE BELONGS TO IN CASE HE DIES WITHOUT MAKING A WILL.

WILL is the document In writing by the Testator regarding the INTENTION TO transfer his property (MOVABLE/IMMOVABLE) to legal heirs or to any LEGATEE mentioned therin.an administrator is appointed in the WILL to make the WILL take EFFECT after the death of the TESTATOR(PERSON WHO MAKES THE WILL IN PRESENCE OF 2 WITNESS).THE executor of the will mentioned in it APPLIES TO COURT FOR A PROBATE CERTIFICATE and once the COURT ISSUES THE PROBATE CERTIFICATE THE PROPERTY GETS TRANSFERRED TO THE LEGATEES MENTIONED IN THE WILL.(HERE COURT IS THE HIGH COURT.) LATEST AMENDMENT TO FAMILY LAW REGARDING PROPERTY AND MAINTENANCE: A LIVING RELATIONSHIP TREATED AS MARITAL RELATIONSHIP AS A SPOUSE.where either party can claim to MATRIMONIAL PROPERTY RIGHT Inheritance rights,maintenance rights and even ALIMONYPENDENTE-LITE( ALIMONY PENDING LITIGATION) (the act states that either party shouldnt be married at the time of the LIVING IN STATUS) CASE LAW REGARDING INSURANCE CLAIMS/PROPERTY RIGHTS.
A metropolitan court on Wednesday asked family members OF AN ACTOR X.. to appear before it in connection with a complaint filed against them by a woman claiming to be his live-in partner and seeking maintenance from the estate of the late actor. Magistrate S S Deshpande, hearing the complaint filed by MS P, under the provisions of the Domestic Violence Act, suggested both the sides to settle the matter amicably and said if they agree he would refer the case to a mediator the same day. The court asked actress wife D, daughters T and R and son-in-law A to appear before him "without fail" on December 4 to give their views on arriving at a settlement, if they so desired. The magistrate further said that if the parties did not agree to a settlement, he would hear the matter and dispose it of in a month. In her petition, P has accused X S family of having evicted her from his bungalow, thereby attracting provisions of the Domestic Violence Act. P has prayed that she be granted protection under the Domestic Violence Act, allowed access to 'Ashirwad', the actor's bungalow in Bandra where she claimed to have lived with HIM since 2003. In her petition, she has alleged that after X passed away in July this year, his family members evicted her thereby committing an offence under the Domestic Violence Act. Advani has also challenged the will purported to have been executed by the actor before his death. According to her, he had not left behind any will and that a will was forged by his family. She has alleged that the actor's family had obtained his thumb impression on the will when he was critically ill and not capable of understanding anything. The complainant has claimed monetary relief in the form of maintenance from the estate of Rajesh Khanna. Advani claimed that she lived with the actor in the "shared household" (defined under the Domestic Violence Act as a place where a man and woman live as husband and wife)and hence was entitled to maintenance to support herself.

HC stays domestic violence case againDECEASED ACTORS family

HOWEVER THE HONBLE HIGH COURT

stayed till December 17 the proceedings in a case of domestic violence against family members of Rajesh Khanna by a woman claiming to have been in a live-in relationship with the late superstar. The proceedings in a Metropolitan Magistrate's Court at suburban Justice K U Chandiwal, who issued notice to Anita Advani, the lady who claimed to have looked after the actor in the last few years of his life as a wife would do. The court was hearing a petition filed by Khanna's actress wife Dimple and actor son-in-law Akshay Kumar challenging the processes started by the magistrate against them and other family members. Twinkle and Rinki, Khanna's daughters, are also in the process of filing similar petitions. Advani, in her complaint against Dimple and others, has claimed she was driven out of Khanna's Bandra bungalow 'Ashirwad' after his death and sought maintenance from the actor's estate. On the other hand, Dimple contended that she was the legally wedded wife of Khanna and as such no other woman can claim share in the wealth left behind by her husband. The Magistrate, Dimple argued, should not have entertained the complaint which has made "baseless" charges. She contended that it was "unreasonable" for the Magistrate to even suggest that she and her family go in for a compromise with the complainant in which case he would refer the matter for mediation. The Magistrate, while hearing Advani's complaint, had earlier last week issued summonses to Dimple, her daughters Twinkle Kumar and Rinki Saran and son-in-law Akshay Kumar asking them to appear in person before the court to answer the allegations, which besides domestic violence includes forging Khanna's will. Akshay Kumar supported Dimple's contention that Advani had no right to claim any share from Khanna's properties which is said to be to the tune of Rs. 500 crores THE HONBLE HIGH COURT HAS Also DISCHARGED ALL THE CASES REGARDING CONCEALING OF REAL INCOME FROM KNOWN SOURCES OF INCOME UNDER THE INCOME TAX ACT pertaining to the DECEASED ACT AS THE RESPONDENT HAS PASSED AWAY.

5. INCOME TAX ACT: CERTAIN IMPORTANT ASPECTS OF CALCULATION OF TAX.

What is salary and what does salary include?


Salary is the remuneration received by or accruing to an individual, periodically, for service rendered as a result of an express or implied contract. The actual receipt of salary in the previous year is not material as far as its taxability is concerned. The existence of employer-employee relationship is the sine-qua-non for taxing a particular receipt under the head salaries. For instance, the salary received by a partner from his partnership firm carrying on a business is not chargeable as Salaries but as Profits & Gains from Business or Profession. Similarly, salary received by a person as MP or MLA is taxable as Income from other sources, but if a person received salary as Minister of State/ Central Government, the same shall be charged to tax under the head Salaries. Pension received by an assessee from his former employer is taxable as Salaries whereas pension received on his death by members of his family (Family Pension) is taxed as Income from other sources. WHAT DOES SALARY INCLUDE Section 17(1) of the Income tax Act gives an inclusive and not exhaustive definition of Salaries including therein (i) Wages (ii) Annuity or pension (iii) Gratuity (iv) Fees, Commission, perquisites or profits in lieu of salary (v) Advance of Salary (vi) Amount transferred from unrecognized provident fund to recognized provident fund (vii) Contribution of employer to a Recognised Provident Fund in excess of the prescribed limit (viii) Leave Encashment (ix) Compensation as a result of variation in Service contract etc. (x) Contribution made by the Central. Some instances of perquisites exempt from tax are given below: Provision of medical facilities (Provision to Sec. 17(2)): Value of medical treatment in any hospital maintained by the Government or any local authority or approved by the Chief Commissioner of Incometax. Besides, any sum paid by the employer towards medical reimbursement other than as discussed above is exempt upto Rs.15,000/-. Perquisites allowed outside India by the Government to a citizen of India for rendering services outside India (Sec. 10(7)). Rent free official residence provided to a Judge of High Court or Supreme Court or an Official of Parliament, Union Minister or Leader of Opposition in Parliament. No perquisite shall arise if interest free/concessional loans are made available for medical treatment of specified diseases in Rule 3A or where the loan is petty not exceeding in the aggregate Rs.20,000/-No perquisite shall arise in relation to expenses on telephones including a mobile phone incurred on behalf of the employee by the employer. Source: Income Tax Department Some instances of perquisites exempt from tax are given below: Provision of medical facilities (Provision to Sec. 17(2)): Value of medical treatment in any hospital maintained by the Government or any local authority or approved by the Chief Commissioner of Incometax. Besides, any sum paid by the employer towards medical reimbursement other than as discussed above is exempt upto Rs.15,000/-. Perquisites allowed outside India by the Government to a citizen of India for rendering services outside India (Sec. 10(7)). Rent free official residence provided to a Judge of High Court or Supreme Court or an Official of Parliament, Union Minister or Leader of Opposition in Parliament. No perquisite shall arise if interest free/concessional loans are made available for medical treatment of specified diseases in Rule 3A or where the loan is petty not exceeding in the aggregate Rs.20,000/-No perquisite shall arise in relation to expenses on telephones including a mobile phone incurred on behalf of the employee by the employer.

What are allowances and which allowances are exempt?

Allowance is defined as a fixed quantity of money or other substance given regularly in addition to salary for meeting specific requirements of the employees. As a general rule, all allowances are to be included in the total income unless specifically exempted. Exemption in respect of following allowances is allowable to the exent mentioned against each :House Rent Allowance:- Provided that expenditure on rent is actually incurred, exemption available shall be the least of the following : (i) HRA received. (ii) Rent paid less 10% of salary. (iii) 40% of Salary (50% in case of Mumbai, Chennai, Kolkata, Delhi) Salary here means Basic + Dearness Allowance, if dearness allowance is provided by the terms of employment. Leave Travel Allowance: The amount actually incurred on performance of travel on leave to any place in India by the shortest route to that place is exempt. This is subject to a maximum of the air economy fare or AC 1st Class fare (if journey is performed by mode other than air) by such route, provided that the exemption shall be available only in respect of two journeys performed in a block of 4 calendar years. Certain allowances given by the employer to the employee are exempt u/s 10(14). All these exempt allowance are detailed in Rule 2BB of Income-tax Rules and are briefly given below: For the purpose of Section 10(14)(i), following allowances are exempt, subject to actual expenses incurred: (i) Allowance granted to meet cost of travel on tour or on transfer. (ii) Allowance granted on tour or journey in connection with transfer to meet the daily charges incurred by the employee. (iii) Allowance granted to meet conveyance expenses incurred in performance of duty, provided no free conveyance is provided. (iv) Allowance granted to meet expenses incurred on a helper engaged for performance of official duty. (v) Academic, research or training allowance granted in educational or research institutions. (vi) Allowance granted to meet expenditure on purchase/ maintenance of uniform for performance of official duty. Under Section 10(14)(ii), the following allowances have been prescribed as ex

What are perquisites?


Perquisite may be defined as any casual emolument or benefit attached to an office or position in addition to salary or wages. Perquisite is defined in the section17(2) of the Income tax Act as including: (i) Value of rent-free/concessional rent accommodation provided by the employer. (ii) Any sum paid by employer in respect of an obligation which was actually payable by the assessee. (iii) Value of any benefit/amenity granted free or at concessional rate to specified employees etc. (iv) The value of any specified security or sweat equity shares allotted or transferred, directly or indirectly, by the employer, or former employer, free of cost or at concessional rate to the assesssee. (v) The amount of any contribution to an approved superannuation fund by the exployer in respect of the assessee, to the extent it exceeds one lakh rupees; and (vi) the value of any other fringe benefit or amenity as may be prescribed. Source: Income Tax Department

What is salary and what does salary include?

What are perquisites?


Perquisite may be defined as any casual emolument or benefit attached to an office or position in addition to salary or wages. Perquisite is defined in the section17(2) of the Income tax Act as including: (i) Value of rent-free/concessional rent accommodation provided by the employer. (ii) Any sum paid by employer in respect of an obligation which was actually payable by the assessee. (iii) Value of any benefit/amenity granted free or at concessional rate to specified employees etc. (iv) The value of any specified security or sweat equity shares allotted or transferred, directly or indirectly, by the employer, or former employer, free of cost or at concessional rate to the assesssee.

(v) The amount of any contribution to an approved superannuation fund by the exployer in respect of the assessee, to the extent it exceeds one lakh rupees; and (vi) the value of any other fringe benefit or amenity as may be prescribed. After reading above rules OF INCOME TAX Analyse certain income whether applicable under the IACT

6 COMPANY LAW. INCORPORATION OF COMPANY IPL.CST. INDEPENDENT LEGAL STATUS PERPETUAL SUCCESION LIMITED LIABILITY CAN SUE AND BE SUED COMMON SEAL SEPARATE PROPERTY CAN OWN LIMITED LIABILITY MANAGED BY PROFESSIONALS DISADVANTAGES LIFTING OF CORPORATE VIEL:COURT LIFTS CORPORATE VIEL 1. TO CHECK WHETHER ENEMY CHARACTER 2.TO CHECK EVASION OF TAXES 3.TO CHECK WHETHR FORMED FOR FRAUD 4 TO CHECK WHETHER COMPANY IS SHAM 5.TO CHECK WHETHER COMPANY IS AN AGENT.

DIM/DOCTRINE OF INDOOR MGT>ROYAL BRITISH BANK V.S TURQUAND( DIRECTOR ULTRA VIRES ACT NOT RATIFIED IN SM) COURT PROTECTS INSIDER DCN: COURT CONSTRUES THAT INVESTORS ARE AWARE OF THE CONTENTS OF THE DOCUMENTS WHICH ARE PUBLIC DOC MOAAOA..PROSPECTUS). COURT PROTECT INSIDER ..COMPANY FROM THE OUTSIDER. DERRY V./S PEEK MISSTATEMENT IN PROSPECTUS.. use of steam power with permission of board of trade..but refused permission..held that co,,neeed not pay damages.and it was nt DECIET EITHER SO NO DAMAGES IN DECIET. Winding up of company: 1..compulsory winding up by court. 2.voluntary winding up..by MEMBERS. .BY CREDITORS 3. WINDING up under supervision of court. Compulsory winding up:

SM///SR///CB//ID//JE *FAILURE TO HOLD STATUTORY MEETING *BYSPECIAL RESOLUTION *FAILURE TO COMMENCE BUSINESS WITHIN ONE YEAR OF INCORPORATION *INABILITY TO PAY DEBTS *JUST AND EQUITABLE CLAUSE. DEADLOCK LOSSES LOSS OF SUBSTRATUM (OBJECT FAILED) FRAUD CERTAIN ASPECTS OF MISMANAGEMENT/OPPRESSION OF MINORITY/PAPI (WHEN AFFAIRS OF COMPANY UNDERTAKEN PREJUDICIAL TO PUBLIC INTEREST) FOSS V/S HARBOTTLE INVESTIGATIONS//WHILE WINDING UP PROCEDURE..OFFICIAL LIQUDATOR APPOINTED// CONTRIBUTORIES to contribute and finally winding up..reported to the court. CONTRACT LAW: VALID////VOID CONTRACTS::MUD..MINOR//UNSOUND MIND///DISCHARGED AN INSOLVENT

CONSIDERTION SHOULD NOT BE PAPI (PREJUDICAL AND AFFECTING PUBLIC INTEREST) WAGERING CONTRACT.. ROTRESTRAINT OF TRAD ROMRESTRAINT OF MARRIAGE ROLRESTRAINT OF LEGAL PROCEEDINGS ALL ARE VOID CONTRACT//NOT ENFORCEABLE IN COURT..OF LAW..
REMEDIES OF BREACH OF CONTRACT: SUIT FOR DAMAGES. SUIT FOR INJUNCTION SUIT FOR SPECIFIC PERFORMANCE OF CONTRACT UNDR SRA..SPECIFIC RELEIF ACT. HOCHESTOR V/SDE LA TOUR/ ANTICIPATORY BREACH BUDHAPRASAD V/S RUNGTA(KHED OPERATION..ELEPHANT BOOKED BUT BEFORE DATE REFUSED TO DELIVER ..DELIVERED LATER BUT REFUSE TO ACCEPT CONTRACT..SUIT FOR DAMAGES ON BREACH..HELD NOT APPLICABLE AS TIME WAS ESSENCE OF CONTRACT UNDER SEC 55 OF INDIAN CONTRACT ACT. SEC 56KRELL V.S HENRY.. IMPOSSIBILITY::FRUSTRATION..(KINGS CORONATION CEREONYVIEW..HALL BOOKEDKING SICK..HENRY NOT T NEEDED TO PAY FURTHER RENT as the contract failed due to Frustration//SUBSEQUENT IMPOSSIBLITY..) CONTINGENT CONTRACT;:HAPPENING OR NON HAPPENING OF AN EVENT QUASI CONTRACT;;AGT RESEMBLING CONTRACT

* *NECCESARIES TO MINOR *PAYMENT BY INTERESTED PERSON *FINDER OF GOODS *GRATITIOUS RECD BENEFIT. CONTRACTS;;BAILMENT//PLEDGE..//MORTGAGE DISCHARGE OF CONTRACT DEATH PERFORMANCE PART PERFORMANCE BREACH OF CONTRACT. NEGOTIABLE INSTRUMENT ACT///RBI SEC 138 CHEQUE BOUNCING..CASES (CRIMINAL AS WELL AS CIVIL CASE) DIFF TYPES OF BE AND DEFN BOE CHEQUE BILL OF LADING RESERVE BANK OF INDIA BANKERS BANK BANKER TO GOVT LENDER OF LAST RESORT REFINANCE CURRENCY MANAGEMENT MONETARY POLICY,,(CRR..SLRBRATE..) SUPERVISION OF BANKS(CAMELS) OSMOSONSITE SURVELLIANCE(CAMELS..CAPITAL..ASSET..MANAGEMENT.. LIQUIDITYSYSTEMS..(NETWORKING)) OFFSITE SURVEILANCE..( REPORTS///RETURNS///CIRCULARS//ETC)

FEMA:;FORIENG EXCHANGE CONTROL AND MANAGEMENT.. DEPT..RBI.. DBODDEPT OF BANKING OPERN DADDEPOSIT ACT.DEPT DESACS..DEPT OF STATISTICAL ANALYSIS DEAP..DEPT OF ECONOMIC ANALYSES AND POLICY MPD///CPCMONITORY POLICY DEPT(CREDIT PLANING CELL EARLIER) IDM:INTERNAL DEBT MANAGEMENT CELL ECD..EXCHANGE CONTROL DEPT. DAPM///HRDDEPT OF PERSONNEL MANAGEMENT RPCD..RURAL PLANNING AND CREDIT DEPT. UBD;;;URBAN BANK DEPT.. DCM>>DEPT..OF CURRENCY MANAGEMENT PADPUBLIC ACCOUNTS DEPT. ALL the above dept .of the RESERVE BANK OF INDIA COORDIANTE and our INDIAN FINANCIAL SYSTEM IS MANAGED IN COORDINATION WITH THE FINANCE MINISTRY AND THE GOVERNOR OF RBI ALONG WITH 4 DG AND 8 EXECUTIVE DIRECTORS THANK.UPROF ADV.HEMA SHIRODKAR..

Quorum refers to the minimum number of members who must be present at a meeting in order to constitute a valid meeting. A meeting without the minimum quorum is invalid and decisions taken at such a meeting are not binding. The articles of a company may provide for a quorum without which a meeting will be construed to be invalid. As per Section 174 of the Companies Act 1956, unless the articles of a company provide for larger quorum, 5 members personally present (not by proxy) in the case of a public company and 2 members personally present (not by proxy) in the case of a private company shall be the quorum for a general meeting of a company. An authorised agent for many companies present in AGM shall have to be construed as a single member for the purpose of quorum. Section 175. Chairman of meeting. (1) Unless the articles of the company otherwise provide, the members personally present at the meeting shall elect one of themselves to be the chairman thereof on a show of hands. Even selection of chairman a meeting to be made by members personally present at the meeting . We have to make a harmonious reading of both the section 174 & Section 175 of the Companies Act 1956, members personally present shall be a valid quorum for a meeting.

Whether Authorised representative of many corporation has to be considered to be present in person for such companies ? There is no wrong when a single individual being the nominee or authorised agent for three members. But , the issue is , if he alone present in the AGM or EGM , then it will not be a proper quorum. If two members or fives members personally present along with the proxy holder , then it would be a valid quorum. If that individual is also member of the company and acts as a proxy for other three shareholders , then one additional member or four present in person in case of pvt ltd or public company respectively , shall be a valid quorum for the meeting. There is no legal bar for an individual to act as a proxy for 100 other members and he can represent them as their proxy in the meeting . However , such individual cannot be construed as 100 members personally present in the meeting for the purpose of quorum. In Kelantan Coconut Estates Ltd where the verdict was given in 1920 did speak about the authorised representatives of corporates should be treated individual members present in the meeting for the purpose of quorum.

DECIDE IF 15 MEMBERS ..AND ONLYSOME PRESENT WHETHER QUROM VALID.

CHEQUE BOUNCINGPUNISHMENT 138 NEGOTIABLE INSTURMENTS ACT LAIBILITY OF DRAWER..IN CASE OF CHEQUE BOUNCE IF INCOMPLETE DETAILS IN CHQUE AMOUNTS TO ILLEGALITY IF BOUNCED