Book description
This book is primarily for the undergraduate students of commerce and business management. It can also be used for the post graduate students of management. It makes readers familiar with the concepts and procedures of business law. The text is written and presented in simple and easy to comprehend way.
Table of contents
- Cover
- Title Page
- Contents
- About the Author
- Preface
-
1. The Indian Contract Act 1872: Nature and Kind of Contracts
- 1.1 Scope of the Act
- 1.2 What is a Contract?
- 1.3 Essential Elements of Valid Contracts—Section 10
- 1.4 Distinguish Between an Agreement and a Contract
- 1.5 Types of Contract or Classification of Contract
- 1.6 Distinguish Between Void and Voidable Contract
- 1.7 Distinguish Between Void and Illegal Agreement
- 1.8 Similarities Between Void and Illegal Agreements
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
2. The Indian Contract Act 1872: Offer and Acceptance of an Offer
- 2.1 Essential Elements of an Offer (Proposal)
- 2.2 Legal Rules as to Offer
- 2.3 Distinguish Between Invitation to Offer and an Offer
- 2.4 Classification of Offers or Kinds of Offers
- 2.5 Distinguish Between General Offer and specific Offer
- 2.6 Lapse of Offer or When Offer Comes to an End
- 2.7 Legal Rules for the Acceptance
- 2.8 General Rules as to Communication of Acceptance
- 2.9 Communication of Offer and Acceptance—Sections 4 and 5
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
3. The Indian Contract Act 1872: Capacity of Parties and Consideration
- 3.1 Capacity of Parties
- 3.2 Minor
- 3.3 Effect of Minor's Agreement
- 3.4 Different Position of a Minor
- 3.5 Minor's Liability for Necessities
- 3.6 Person of Unsound Mind
- 3.7 Person Disqualified by Law
- 3.8 What Is Consideration?
- 3.9 Type of Consideration
- 3.10 Essentials of Valid Consideration
- 3.11 Stranger to Contract and Stranger to Consideration
- 3.12 Exception to the Rule of Stranger to Contract
- 3.13 Exception to Rule ‘No Consideration No Contract’—Section 25
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
4. The Indian Contract Act 1872: Free Consent
- 4.1 Meaning of a Consent—Section 13
- 4.2 Free Consent—Section 14
- 4.3 Coercion
- 4.4 Certain Threats Do Not Amount to Coercion
- 4.5 Undue Influence
- 4.6 When a Person Is Deemed to Be in Position to Dominance of Will of Others?
- 4.7 Distinguish Between Coercion and Undue Influences
- 4.8 Fraud
- 4.9 Essential Elements of Fraud
- 4.10 Exception to the Rule—Silence Is Not Fraud
- 4.11 Contract of Ubberimae Fidei
- 4.12 Effects of Fraud
- 4.13 Misrepresentation
- 4.14 Essential Elements of Misrepresentation
- 4.15 Distinguish Between Fraud and Mispresentation
- 4.16 Similarities Between Fraud and Misrepresentation
- 4.17 Mistake
- 4.18 Distinguish Between Unilateral Mistake and Bilateral Mistake
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
5. The Indian Contract Act 1872: Void Agreement and Contingent Contract
- 5.1 When an Object or a Consideration is Unlawful?—Section 23
- 5.2 An Agreement Opposed to Public Policy
- 5.3 Agreements in Restraint of Trade—Section 27
- 5.4 Agreement in Restraint of Legal Proceedings—Section 28
- 5.5 Agreements Unlawful in Parts
- 5.6 Wagering Agreement—Section 30
- 5.7 Essentials of Wagering Agreement
- 5.8 Effects of Wagering Agreement
- 5.9 Distinguish Between a Wagering Agreement and an Insurance Contract
- 5.10 Distinguish Between a Wagering Agreement and a Contigent Contract
- 5.11 Illegal Agreement
- 5.12 Contigent Contract—Section 31
- 5.13 Essential Features of Contigent Contract
- 5.14 Rules Regarding Enforcement of Contingent Contract
- 5.15 Uncertain Agreement
- 5.16 Distinguish Between a Void Agreement and a Void Contract
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
6. The Indian Contract Act 1872: Performance of Contract
- 6.1 Essentials of a Valid Tender
- 6.2 Effects of a Valid Tender
- 6.3 Types of Tenders
- 6.4 Contracts Which Need Not to Perform
- 6.5 Who Can Perform Contract?
- 6.6 Performance of Joint Promise—Sections 42–45
- 6.7 Time and Place for Performance of Promise—Sections 46–50
- 6.8 Who Can Demand Performance of Promise?
- 6.9 Kinds of Reciprocal Promise
- 6.10 Rules Regarding Performance of Reciprocal Promises
- 6.11 Time Is the Essence of a Contract
- 6.12 Appropriation of Payments—Sections 59–61
- 6.13 Assignment and Succession of a Contract
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
7. The Indian Contract Act 1872: Discharge of a Contract
- 7.1 Discharge of a Contract
- 7.2 Discharge of a Contract on Performance
- 7.3 Discharge of a Contract by a Mutual Agreement or by an Implied Consent
- 7.4 Distinguish Between a Novation and an Alteration
- 7.5 Distinguish Between a Rescission and an Alteration
- 7.6 Discharge of a Contract by Impossibility of Performance
- 7.7 Specific Grounds of Subsequent Impossibilities
- 7.8 Cases Where a Contract is Not Discharged on the Ground of Supervening Impossibility
- 7.9 Discharge of a Contract by Lapse of Time
- 7.10 Discharge of a Contract by Operation of Law
- 7.11 Discharge of a Contract by Breach of Contract
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
8. The Indian Contract Act 1872: Remedies for Breach of Contract and Quasi-contract
- 8.1 Rescission of a Contract—Section 39
- 8.2 Suit for Damages
- 8.3 Kinds of Damages
- 8.4 Suit for a Specific Performance
- 8.5 Suit for Injunction
- 8.6 Quantum Meruit
- 8.7 Quasi-contract—Sections 68–72
- 8.8 Distinguish Between a Quasi-contract and a Contract
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
9. The Indian Contract Act 1872: Indemnity and Guarantee
- 9.1 Indemnity Contract
- 9.2 Essential Elements of an Indemnity Contract
- 9.3 Right of an Indemnity Holder—Section 125
- 9.4 Guarantee
- 9.5 Essential Elements of Contract of Guarantee
- 9.6 Kinds of Guarantee
- 9.7 Revocation of a Continuing Guarantee
- 9.8 Surety's Liability—Section 128
- 9.9 Rights of Surety
- 9.10 Discharge of a Surety
- 9.11 Difference Between a Contract of Indemnity and a Contract of Guarantee
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
10. The Indian Contract Act 1872: Bailment and Pledge
- 10.1 What is a Bailment?
- 10.2 Essentials of a Valid Bailment
- 10.3 Types of Bailment
- 10.4 Duties of a Bailee
- 10.5 Duties of a Bailor
- 10.6 Bailee's Rights
- 10.7 Bailor's Rights
- 10.8 Termination of a Bailment
- 10.9 Lien
- 10.10 Difference Between a General Lien and a Particular Lien
- 10.11 Finder of Goods
- 10.12 Pledge
- 10.13 Rights of a Pawnee
- 10.14 Rights of a Pawnor
- 10.15 Pledge by a Non-owner
- 10.16 Distinguish Between a Bailment and a Pledge
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
11. The Indian Contract Act 1872: Agency
- 11.1 Contract of Agency
- 11.2 Essentials for a Valid Agency
- 11.3 Test of an Agency
- 11.4 Difference Between an Agent and a Servant
- 11.5 Difference Between an Agent and an Independent Contractor
- 11.6 Different Kinds of Agents
- 11.7 Mode of Creating an Agency
- 11.8 Requisites of a Valid Ratification—Sections 198–200
- 11.9 Husband and Wife
- 11.10 Extent of an Agent's Authority
- 11.11 Delegation of Authority by an Agent
- 11.12 Sub-agent—Section 191
- 11.13 Substituted Agent or Co-agent—Section 194
- 11.14 Difference Between a Sub-agent and a Substituted Agent
- 11.15 Duties of an Agent
- 11.16 Rights of an Agent
- 11.17 Position of a Principal and an Agent in Relation to Third Parties
- 11.18 Principal Relationship Where an Agent Contracts for a Named Principal
- 11.19 Principal's Relation Where an Agent Contracts for an Unnamed Principal
- 11.20 Principal's Relation Where an Agent Contracts for an Undisclosed Principal
- 11.21 Personal Liabilies of an Agent
- 11.22 Termination of an Agency
- 11.23 Termination of an Agency by the Act of Parties
- 11.24 Termination of an Agency by the Operation of Law
- 11.25 Irrevocable Agency
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
12. The Partnership Act 1932
- 12.1 Applicability of the Act
- 12.2 Definition of Partnership—Section 4
- 12.3 Essential Characteristics of Partnership
- 12.4 True Test of Partnership
- 12.5 Cases Where No Partnership Exists—Section 6
- 12.6 Distinguish Between a Partnership and a Hindu Undivided Family
- 12.7 Distinguish Between a Partnership and an Association
- 12.8 Distinguish Between a Partnership and a Co-ownership
- 12.9 Distinguish Between a Partnership and a Club
- 12.10 Registration of Firm—Sections 56–71
- 12.11 Registration of Alterations—Sections 60–63
- 12.12 Time for Registration
- 12.13 Effects of Non-registration—Section 69
- 12.14 Types of Partners
- 12.15 Position of a Minor Partner After Attaining Majority
- 12.16 Who Can Be a Partner in the Firm?
- 12.17 Rights of a Partner
- 12.18 Partner's Optional Duties
- 12.19 Partner's Compulsory Duties
- 12.20 Partnership Property—Section 14
- 12.21 Authority of Partner—Sections 19 and 22
- 12.22 Acts Within the Implied Authority of a Partner
- 12.23 Acts Outside the Implied Authority of a Partner
- 12.24 Restriction on an Implied Authority
- 12.25 Liability of a Partner
- 12.26 Partner's Authority in Emergency
- 12.27 Reconstitution of a Firm
- 12.28 Distinguish Between Dissolution of a Partnership and Dissolution of a Firm
- 12.29 Dissolution Without the Order of Court—Sections 40–43
- 12.30 Dissolution with the Order of Court—Section 44
- 12.31 Rights of Partners on Dissolution
- 12.32 Liabilities of Partners on Dissolution
- 12.33 Settlement of Accounts
- 12.34 Garner Versus Murray Rule
- 12.35 Mode of Giving a Public Notice
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
13. Sales of Goods Act 1930
- 13.1 Applicability
- 13.2 Definition
- 13.3 Essentials of Valid Sales
- 13.4 Distinguish Between a Sale and an Agreement to Sell
- 13.5 Distinguish Between a Sale and a Hire-purchase
- 13.6 Distinguish Between a Sale and a Bailment
- 13.7 Contract for Work and Skill
- 13.8 Types of Goods
- 13.9 Price of Goods—Sections 9 and 10
- 13.10 Consequences of Destruction of Specific Goods—Sections 7 and 8
- 13.11 Conditions and Warranties
- 13.12 Implied Conditions
- 13.13 Implied Warranties
- 13.14 Distinguish Between a Condition and a Warranty
- 13.15 Doctrine of Caveat Emptor
- 13.16 Transfer of Ownership of Specific Goods—Sections 20–22
- 13.17 Transfer of Ownership in the Case of Unascertained Goods—Sections 18 and 23
- 13.18 Transfer of Ownership in Case of Goods Sale on Approval or on Sale or Return Basis—Section 24
- 13.19 Passing of Risk
- 13.20 Rules Regarding Delivery of Goods—Sections 32–39
- 13.21 Unpaid Seller
- 13.22 Rights of Unpaid Seller
- 13.23 Right of Lien
- 13.24 Right of Stoppage in Transit—Sections 50–52
- 13.25 Right of Resale
- 13.26 Right to Withhold Delivery of Goods
- 13.27 Delivery to Carrier
- 13.28 Buyer's Right Against the Seller or Remedies Against Seller—Sections 55–61
- 13.29 Sale by Non-owners or Transfer of Title by Non-owners—Sections 27–30
- 13.30 Auction Sale—Section 64
- 13.31 Delivery of Goods in Contract by Sear Route
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
14. The Negotiable Instrument Act 1881
- 14.1 Introduction to Negotiable Instruments
- 14.2 Essentials or Characteristics of a Negotiable Instrument
- 14.3 Presumptions as to Negotiable Instruments
- 14.4 Promissory Note—Section 4
- 14.5 Essentials Characteristics of a Promissory Note
- 14.6 Bill of Exchange—Section 5
- 14.7 Difference Between Promissory Note and Bill of Exchange
- 14.8 Cheque—Section 7
- 14.9 Difference Between Bill of Exchange and Cheque
- 14.10 Difference Between Electronic Cheque and Trancated Cheque
- 14.11 Capacity of a Person to be a Party to a Negotiable Instrument
- 14.12 Classification of Negotiable Instruments
- 14.13 Distinguish Between Inland and Foreign Bills
- 14.14 Incomplete Instrument or Inchoate Instrument—Section 20
- 14.15 Distinguish Between Ambiguous Instrument and Inchoate Instrument
- 14.16 Maturity of a Negotiable Instrument—Sections 22–25
- 14.17 A Negotiable Instrument Made Without Consideration
- 14.18 Negotiation—Section 14
- 14.19 Endorsement—Sections 15 and 16
- 14.20 Kinds of Endorsements—Sections 16, 50, 52 and 56
- 14.21 Negotiation Back
- 14.22 Distinction Between Negotiation and Assignment
- 14.23 Crossing of Cheque
- 14.24 Bouncing or Dishonour of Cheques—Sections 31 and
- 14.25 Holder—Section 8
- 14.26 Privileges of a Holder in Due Course
- 14.27 Difference Between Holder and Holder in Due Course
- 14.28 Payment in Due Course—Section 10
- 14.29 Protection to Paying Banker—Section 85
- 14.30 Liability/Duty of the Paying Banker and Collecting Banker—Section 129
- 14.31 When Banker Must Refuse to Honour a Customer's Cheque
- 14.32 Banker May Refuse to Honour a Customer's Cheque
- 14.33 Effect of Non-presentment of Cheque Within Reasonable Time
- 14.34 Material Alteration—Sections 87–89
- 14.35 Acceptance of Bill
- 14.36 Dishonour by Non-acceptance
- 14.37 Acceptance for Honour
- 14.38 Payment for Honour
- 14.39 Dishonour by Non-payment
- 14.40 Notice of Dishonour
- 14.41 Noting and Protesting—Sections 99–104a
- 14.42 Drawee in Case of Need
- 14.43 Discharge of a Negotiable Instrument
- 14.44 Discharge of a Party
- 14.45 Hundi
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
15. Consumer Protection Act 1986
- 15.1 Object of the Act
- 15.2 Extent and Coverage of the Act
- 15.3 Rights of Consumer
- 15.4 Definition
- 15.5 Who Can File a Complaint
- 15.6 Redressal Machinery Under the Act
- 15.7 How to File a Complaint
- 15.8 Relief Available to the Consumers
- 15.9 Procedure for Filing the Appeal
- 15.10 Speedy Disposal
- 15.11 Powers of the Dispute Redressal Agencies
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
16. Foreign Exchange Management Act 1999
- 16.1 Application of Act—Section 1
- 16.2 Fera vs. Fema
- 16.3 Definition
- 16.4 Authorized Persons
- 16.5 Current Account Transaction
- 16.6 Export of Goods and Services
- 16.7 Capital Account Transactions—Section 2(e)
- 16.8 Acquisition and Transfer of Immovable Property in india
- 16.9 Acquisition and Transfer of Immovable Property Outside India
- 16.10 Establishment in India of Branch or Office or Other Place of Business
- 16.11 Acceptance of the Deposit
- 16.12 Export and Import of Currency
- 16.13 Possession and Retention of Foreign Currency
- 16.14 Realization, Repartiation and Surrender of Foreign Exchange
- 16.15 Enforcement Directorate
- 16.16 Departmental Adjudication—Section 16
- 16.17 Compounding of Offence
- 16.18 Liberalized Remittance Scheme for Resident Individuals
- Test Your Knowledge
- Multiple Choice Questions
- Answers—Multiple Choice Questions
-
17. Information Technology Act 2000
- 17.1 Introduction
- 17.2 Objective of the Act
- 17.3 Scope of the Act
- 17.4 Definitions
- 17.5 Digital Signature
- 17.6 Electronic Governance
- 17.7 Digital Signature Certification
- 17.8 Cyber Regulations Appellate Tribunal
- 17.9 Penalties and Adjudication
- 17.10 Offences
- 17.11 Liability of Body Corporate
- 17.12 Duties of Controllers of Certifying Authority
- 17.13 Duties of the Certifying Authorities
- 17.14 Duties of the Subscriber
- 17.15 Power of the Central Government to Make Rules—Section 87
- 17.16 Issue Not Covered in Information Technology Act
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
18. Companies Act 1956: Types of Company and Its Characters
- 18.1 Definition of a Company
- 18.2 Characteristics of a Company
- 18.3 Body Corporate
- 18.4 Lifting of the Corporate Veil
- 18.5 Illegal Association
- 18.6 Effects of an Illegal Association
- 18.7 Advantages of Incorporation
- 18.8 Definition of a Public Company
- 18.9 Definition of a Private Company
- 18.10 Distinction Between Private and Public Company
- 18.11 Limited Liability Companies
- 18.12 Unlimited Liability Company
- 18.13 Conversion of a Private Company into a Public Company
- 18.14 Government Companies
- 18.15 Foreign Company—Section 591
- 18.16 Holding and Subsidiary Companies
- 18.17 Promotor
- 18.18 Legal Position of Promoters
- 18.19 Duties of Promoter
- 18.20 Preliminary Contracts or Pre-incorporation Contract
- 18.21 Effects of Pre-incorporation Contracts
- 18.22 Steps to Obtain Certificate of Incorporation
- 18.23 Certificate of Commencement of Business
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
19. Companies Act 1956: Memorandum, Article of Association and Prospectus
- 19.1 Define the Memorandum of Association
- 19.2 Purpose of Memorandum of Association
- 19.3 Provisions Relating to Printing and Signature of Memorandum
- 19.4 Form of Memorandum of Association—Section 14
- 19.5 Contents of the Memorandum—Section 13
- 19.6 Legal Requirements as to the Name Clause
- 19.7 Legal Requirements as to the Registered Office Clause
- 19.8 Display of Registered Office Address
- 19.9 Legal Requirements as to the Objects Clause
- 19.10 Legal Requirements as to the Liability Clause
- 19.11 Capital Clause
- 19.12 Association or Subscription Clause
- 19.13 Provisions for Change in the Name Clause of Memorandum of the Company or Alteration of Name Clause
- 19.14 Procedure to Change Registered Office from One Place to Another Within the Same City
- 19.15 Procedure to Change Registered Office from One City to Another Within Jurisdiction of the Same ROC Within the Same State
- 19.16 Procedure to Change the Registered Office from the Jurisdiction of One ROC to the Jurisdiction of Another ROC Within the Same State (Section 17a)
- 19.17 Procedure to Change the Registered Office from One State to Another
- 19.18 Procedure for Changing the Objects Clause of the Memorandum
- 19.19 Alteration of Liability Clause
- 19.20 Doctrine of Ultra Vires
- 19.21 Effects of Ultra Vires Transaction
- 19.22 Articles of Association
- 19.23 Distinguish Between Memorandum and Articles of Association
- 19.24 Provision Relating to Printing and Signature of Article
- 19.25 Contents of the Articles of Association
- 19.26 Procedure for the Alteration of the Articles of Association
- 19.27 Limitations on Alteration of Articles
- 19.28 Binding Effects of Memorandum and Articles of Association
- 19.29 Doctrine of Constructive Notice
- 19.30 Doctrine of Indoor Management
- 19.31 Exceptions to the Doctrine of Indoor Management
- 19.32 Prospectus
- 19.33 Circumstances When the Prospectus Is Not Required to Be Issued
- 19.34 Abridged Prospectus
- 19.35 Statutory Requirements in Relation to a Prospectus
- 19.36 Red Herring Prospectus
- 19.37 Contents of a Prospectus—Section 56/Schedule II
- 19.38 Refusal to Register Prospectus by ROC
- 19.39 Statement in Lieu of Prospectus
- 19.40 Shelf Prospectus and Information Memorandum
- 19.41 Mis-statement in Prospectus
- 19.42 Liability for Mis-statement in Prospectus
- 19.43 Defenses Available to Directors in case of Misleading Prospectus
- 19.44 Defenses Available—to Experts in case of Misleading Prospectus
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
20. Companies Act 1956: Share Capital
- 20.1 Share Capital
- 20.2 Nature of Shares
- 20.3 Equity Shares
- 20.4 Preference Shares
- 20.5 Kinds of Preference Shares
- 20.6 Redemption of Redeemable Preference Shares
- 20.7 Equity Shares with Differential Rights or Non-voting Shares
- 20.8 Voting Rights to Shareholders—Section 87
- 20.9 Allotment of Shares
- 20.10 General Provisions to the Allotment of Shares
- 20.11 Legal Rules as to Allotment—Sections 69–75
- 20.12 Minimum Subscription
- 20.13 Irregular Allotment
- 20.14 Return of Allotment
- 20.15 Underwriting Agreement
- 20.16 Brokerage
- 20.17 Alteration of Share Capital Clause—Section 94
- 20.18 Reduction of Share Capital
- 20.19 Procedure to the Reduction of Share Capital
- 20.20 Diminution of Share Capital
- 20.21 Issue of Shares at Premium
- 20.22 Utilization of Securities Premium Amount
- 20.23 Conditions for the Issue of Shares at Discount
- 20.24 Stock or Stock Certificate
- 20.25 Distinguish Between ‘Share’ and ‘Stock’
- 20.26 Forfeiture of Shares
- 20.27 Legal Requirements for the Forfeiture of Shares
- 20.28 Effect of Forfeiture of Shares
- 20.29 Surrender of Shares
- 20.30 Lien on Shares
- 20.31 Bonus Shares
- 20.32 Pre-emptive Right or Right Shares—Section 81
- 20.33 Call on Shares
- 20.34 Requisite of Valid Calls
- 20.35 Calls in Arrear
- 20.36 Calls in Advance
- 20.37 Buy-back of Shares
- 20.38 Member
- 20.39 Who Can Become a Member of Company—Section 42
- 20.40 Minor as Member of Company
- 20.41 Termination of Membership
- 20.42 Rights of a Member of the Company
- 20.43 Rights of Members as a Group
- 20.44 Transfer of Shares
- 20.45 Procedure of Transfer—Section 108
- 20.46 Nomination
- 20.47 Transmission of Shares
- 20.48 Share Certificates
- 20.49 Distinction Between Share and Share Certificate
- 20.50 Duplicate Share Certificate
- 20.51 Debenture
- 20.52 Types of Debentures
- 20.53 Rights of Debenture Holder
- 20.54 Debenture Trustee
- 20.55 Functions of Debenture Trustees—Section 117B
- 20.56 Provisions for Creation of DRR
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
21. Companies Act 1956: Meeting
- 21.1 Kinds of Company Meetings
- 21.2 Requisites of a Valid Meeting
- 21.3 Different Manner of Serving Notice to Members
- 21.4 Provisions Regarding Notice of a General Meeting
- 21.5 Statutory General Meeting (SGM)—Section 165
- 21.6 Statutory Report
- 21.7 Contents of Statutory Report
- 21.8 Annual General Meeting (AGM)—Section 166
- 21.9 Notice of the AGM
- 21.10 Default in Holding an AGM
- 21.11 Usual Business at an AGM
- 21.12 Extra Ordinary General Meeting—EGM
- 21.13 EGM on Requisition
- 21.14 EGM by CLB/Tribunal
- 21.15 Proxy
- 21.16 Revocation of Proxy After Appointment
- 21.17 Alternate Proxy
- 21.18 Quorum for General Meeting
- 21.19 Chairman of a General Meeting
- 21.20 Powers of the Chairman of a General Meeting
- 21.21 Poll
- 21.22 Postal Ballot
- 21.23 Procedure for Passing Resolution by Postal Ballot
- 21.24 Business Passing Resolution Through Postal Ballot
- 21.25 Adjournment of a Meeting
- 21.26 Meeting of Debenture Holders
- 21.27 Meeting of Creditors
- 21.28 One-man Meeting
- 21.29 Motion
- 21.30 Kinds of Resolutions
- 21.31 Resolution Requiring a Special Notice
- 21.32 Circulation of Member's Resolution
- 21.33 Minutes of Proceedings of the General Meeting
- 21.34 Meaning of Board of Directors
- 21.35 Classify the Type of Powers that Can Be Exercised by the Board
- 21.36 Powers of the Board of Directors Which Can Be Exercised at Their Meeting
- 21.37 Powers that Can Only be Exercised by the Board of the Directors of a Public Company with the Consent of the Company in a General Meeting
- 21.38 Frequency of Board Meetings—Section 285
- 21.39 Board Meeting on a Public Holiday—Section 288
- 21.40 Place and Time of Board Meeting
- 21.41 Notice of Board Meeting—Section 286
- 21.42 Content of Board Meeting Notice
- 21.43 Quorum for a Board Meeting—Section 287
- 21.44 Chairman of a Board Meeting
- 21.45 Voting at a Board Meeting
- 21.46 Minutes of Board Meeting
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
22. Companies Act 1956: Management of the Company
- 22.1 Definition of a Director
- 22.2 Who Can Be Appointed as Director?
- 22.3 Disqualification of the Director—Section 274
- 22.4 Legal Position of a Director
- 22.5 Appointment of Directors
- 22.6 Appointment of the First Directors
- 22.7 Appointment of Directors at a General Meeting
- 22.8 Appointment of Director Other Than a Retiring Director—Section 257
- 22.9 Consent of the Director with ROC and Company—Section 264
- 22.10 Director Identification Number—Section 266
- 22.11 Appointment of Director by Board of Directors (BOD)
- 22.12 Appointment of Additional Director—Section 260
- 22.13 Filling Up Casual Vacancy—Section 262
- 22.14 Alternate Director—Section 313
- 22.15 Appointment of Director by Central Government—Section 408
- 22.16 Appointment of Directors by the Third Party—Nominee Director
- 22.17 Assignment of Office by Director—Section 312
- 22.18 Minimum and Maximum Number of Directors
- 22.19 Small Shareholders Directors (SSD)—Section 252
- 22.20 Maximum Number of Directors
- 22.21 Number of Directorship—Section 275
- 22.22 Vacation of the Office of a Director—Section 283
- 22.23 Removal of a Director
- 22.24 Removal of Director by a Shareholder—Section 284
- 22.25 Compensation for the Loss of Office—Section 318
- 22.26 Removal by Central Government—Section 388B
- 22.27 Removal of the Director by CLB/NCLT—Section 402
- 22.28 Resignation by the Director
- 22.29 Validity of the Acts of the Director Where His Appointment Is Invalid—Section 290
- 22.30 Power of the Board of Directors
- 22.31 Manner of Exercise of BOD Power
- 22.32 Restriction on the Powers of Directors—Section 293
- 22.33 Political Contributions by the Directors—Section 293A
- 22.34 Interested Director
- 22.35 Disclosure of the Director's Interest—Sections 299 and 300
- 22.36 Loans to Directors—Section 295
- 22.37 Managing Director—Section 2(26)
- 22.38 Disqualification of a Managing Director—Section 267
- 22.39 Manager—Section 2(24)
- 22.40 Disqualification of a Manager—Section 385
- 22.41 Distinction Between a Managing Director and a Manager
- 22.42 Managerial Remuneration
- 22.43 Salient Features of Sch-XIII
- 22.44 Office or Place of Profit—Section 314
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
23. Payment of Bonus Act 1965
- 23.1 Introduction
- 23.2 Application of the Act
- 23.3 Act Not to Apply to Certain Classes of Employees—Section 32
- 23.4 Definition
- 23.5 Who Is Entitled to Bonus?
- 23.6 Disqualification for Bonus—Section 9
- 23.7 Computation of the Number of Working Days
- 23.8 Who Is Liable to Pay Bonus?
- 23.9 Payment of Minimum Bonus—Section 10
- 23.10 Payment of Maximum Bonus—Section 11
- 23.11 Calculation of Bonus with Respect to Certain Employees—Section 12
- 23.12 Adjustment of Customary or Interim Bonus—Section 17
- 23.13 Set On and Set Off of Allocable Surplus—Section 15
- 23.14 Liability of the New Firm to Pay Bonus—Section 16
- 23.15 Presumptions About the Accuracy of Balance Sheet and Profit and Loss Account of the Company—Section 23
- 23.16 Procedure as Regards the Recovery of Bonus—Section 21
- 23.17 Time Limit for the Payment of Bonus—Section 22
- 23.18 Powers of Inspectors—Section 27
- 23.19 Application of the Act to Establishment in Public Sector—Section 20
- 23.20 Bonus Linked with Production or Productivity—Section 31A
- 23.21 Power of Exemption—Section 36
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
-
24. The Payment of Gratuity Act 1972
- 24.1 What is Gratuity?
- 24.2 Scope of Payment of Gratuity Act 1972
- 24.3 Definition
- 24.4 Circumstances in Which the Gratuity Becomes Payable
- 24.5 To Whom Is the Gratuity Payable?
- 24.6 Calculation of the Amount of Gratuity Payable
- 24.7 Forfeiture of Gratuity—Section 4(B)
- 24.8 Rules for the Nomination of Gratuity
- 24.9 Rules as to Determination of the Amount of Gratuity
- 24.10 Payment of Gratuity in Case of a Dispute—Section 7(4)
- 24.11 Rules for the Recovery of Gratuity—Section 8
- 24.12 Compulsory Insurance of the Employee
- 24.13 Rules Regarding Appointment of an Inspector Under the Act
- 24.14 Powers of Inspectors
- 24.15 Provisions Relating to Penalties—Sections 9–12
- 24.16 Appeal for Payment of Gratuity
- List of Landmark Judgements
- Test Your Knowledge
- Multiple Choice Questions
- Copyright
Product information
- Title: Business Law
- Author(s):
- Release date: June 2011
- Publisher(s): Pearson India
- ISBN: 9788131759417
You might also like
book
Business Law, 3rd Edition
Business law as a subject area deals with laws that dictate how to start, buy, manage, …
book
Business Negotiations and the Law
Business Negotiations and the Law: The Protection of Weak Professional Parties in Standard Form Contracting aims …
book
Business Models
The growing body of research on business models draws upon a range of sub-disciplines, including strategic …
book
Contract Negotiation Handbook: Getting the Most Out of Commercial Deals
A good commercial contract is both a springboard and a safety net -- it provides the …