- Cover
- Applying Macroeconomics to the Real World
- Title Page
- Contents
- Preface to the Third Edition
- Preface to the Second Edition
- Preface to the First Edition
- About the Author
- Introduction to Constitution of India
- 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
- 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
- 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
- 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 Misrepresentation
- 4.16 Similarities between Fraud and Misrepresentation
- 4.17 Mistake
- 4.18 Distinguish between Unilateral Mistake and Bilateral Mistake
- 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 Contingent Contract
- 5.11 Illegal Agreement
- 5.12 Contingent Contract—Section 31
- 5.13 Essential Features of Contingent Contract
- 5.14 Rules Regarding Enforcement of Contingent Contract
- 5.15 Uncertain Agreement
- 5.16 Distinguish between a Void Agreement and a Void Contract
- 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
- 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
- 8 The Indian Contract Act, 1872: Remedies for Breach of Contract and Quasi-contract
- 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
- 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
- 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 172
- 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
- 12 The Partnership Act, 1932 184
- 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
- 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
- 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 138
- 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 99–104(A)
- 14.42 Drawee in Case of Need
- 14.43 Discharge of a Negotiable Instrument
- 14.44 Discharge of a Party
- 14.45 Hundi
- 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
- 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
- 17 Information Technology Act, 2000
- 17.1 Introduction
- 17.2 Objective of 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 Appellate Tribunal—Section 49
- 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 The Duties of a Subscriber
- 17.15 Power of the Central Government to Make Rules—Section 87
- 17.16 Issue not Covered in Information Technology Act
- 17.17 Excluding Liability of Intermediaries—Section 79
- 17.18 National Nodal Agency—Section 70A
- 17.19 Indian Computer Emergency Response Team—Section 70B
- 17.20 Power of a Police Officer and other Officers to Enter, Search, etc.—Section 80
- 18 Companies Act, 2013 : Types of Companies and Their Characteristics
- 18.1 Definition of a Company
- 18.2 The 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 2(42)
- 18.16 Holding and Subsidiary Companies
- 18.17 Promoter
- 18.18 Legal Position of Promoters
- 18.19 Duties of Promoter of a Company
- 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 One Person Company
- 18.24 The Features of one Person Company
- 18.25 Terms and Restrictions of one Person Company
- 19 Companies Act, 2013: Memorandum, Articles 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 4
- 19.5 Contents of the Memorandum of Association—Section 4
- 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 Name Clause of Memorandum of 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 12
- 19.17 Procedure to Change the Registered Office from one State to Another
- 19.18 Procedure for Changing the Objects Clause of the Memorandum—Section 13
- 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 Related to Printing and Signature of Articles
- 19.25 Contents of the Articles of Association
- 19.26 Procedure for the Alteration of Articles of Association—Section 14
- 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—Section 33
- 19.35 Statutory Requirements in Relation to a Prospectus
- 19.36 Red Herring Prospectus—Section 32
- 19.37 The Contents of a Prospectus. Section 26 and Rule 3, 5 of Companies (Prospectus and Allotment of Securities) Rules, 2014
- 19.38 Refusal to Registrar Prospectus by the Registrar of Companies
- 19.39 Shelf Prospectus and Information Memorandum—Section 31
- 19.40 Misstatement in Prospectus
- 19.41 Liability for Misstatement in Prospectus—Section 34–35
- 19.42 Defenses Available to Directors in Case of Misleading Prospectus
- 19.43 Defenses Available to Experts in Case of Misleading Prospectus
- 20 Companies Act, 2013: Share Capital and Transfer of Shares
- 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 (Section 55)
- 20.7 Equity Shares with Differential Rights or Non-Votingshares—Rule 4 of Companies (Share Capital and Debentures) Rules, 2014
- 20.8 Voting Rights to Shareholders—Section 47
- 20.9 Allotment of Securities
- 20.10 General Provisions for the Allotment of Securities
- 20.11 Mode of Issue of Securities—Section 23
- 20.12 Legal Rules for Allotment—Section 39-40
- 20.13 Return of Allotment—Section 39
- 20.14 Underwriting Agreement—Section 40 (6) Read with Rule 13 of Companies (Prospectus and Allotment of Securities) Rules, 2014
- 20.15 Brokerage
- 20.16 Alteration of Share Capital Clause—Section 61
- 20.17 Reduction of Share Capital—Section 66
- 20.18 Procedure to the Reduction of Share Capital—Section 66
- 20.19 Diminution of Share Capital
- 20.20 Issue of Shares at Premium
- 20.21 Utilisation of Securities Premium Amount—Section 52
- 20.22 Conditions for the Issue of Shares at Discount—Section 53
- 20.23 Stock or Stock Certificate
- 20.24 Distinguish between ‘Share’ and ‘Stock’
- 20.25 forfeiture of Shares
- 20.26 Legal Requirements for forfeiture of Shares
- 20.27 Effect of forfeiture of Shares
- 20.28 Surrender of Shares
- 20.29 Lien on Shares—Rules 9 to 12, Table ‘F’ of Companies Act, 2013
- 20.30 Bonus Shares—Section 63
- 20.31 Pre-Emptive Right or Right Shares—Section 62
- 20.32 Call on Shares
- 20.33 Requisites for Valid Calls
- 20.34 Calls in Arrear
- 20.35 Calls in Advance
- 20.36 Buy-Back of Shares—Section 68
- 20.37 Member
- 20.38 Who can Become a Member of a Company?
- 20.39 Minor as Member of Company
- 20.40 Termination of Membership
- 20.41 Rights of a Member of the Company
- 20.42 Rights of Members as a Group
- 20.43 Transfer of Shares—Sections 56 and 58
- 20.44 Procedure of Transfer—Section 56
- 20.45 Nomination—Section 72
- 20.46 Transmission of Securities
- 20.47 Certificate of Security—Section 56
- 20.48 Distinction between Share and Share Certificate
- 20.49 Duplicate Share Certificate
- 20.50 Debenture
- 20.51 Types of Debenture
- 20.52 Rights of Debenture Holder
- 20.53 Debenture Trustee—Section 71
- 20.54 Functions of Debenture Trustees—Section 71 Read with Rule 18 of Companies (Share Capital and Debentures) Rules, 2014
- 20.55 Provisions for Creation of Debenture Redeption Reserve—Section 71 Read with Rule 18 of Companies (Share Capital and Debentures) Rules, 2014
- 21 Companies Act, 2013: Meeting and Power of Board
- 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 General Meeting
- 21.5 Annual General Meeting (Agm)—Section 96
- 21.6 Report on Agm—Section 121
- 21.7 Notice of Annual General Meeting
- 21.8 Default in Holding an Annual General Meeting—Section 97-99
- 21.9 Usual Business at an Agm—Section 102
- 21.10 Extraordinary General Meeting—Egm—Section 100
- 21.11 Extraordinary General Meeting on Requisition
- 21.12 Eogm by Tribunal—Section 98
- 21.13 Proxy—Section 105
- 21.14 Revocation of Proxy After Appointment
- 21.15 Quorum for General Meeting—Section 103
- 21.16 Chairman of a General Meeting—Section 104
- 21.17 Powers of the Chairman of a General Meeting
- 21.18 Poll—Section 109
- 21.19 Postal Ballot—Section 110
- 21.20 Procedure for Passing Resolution by Postal Ballot
- 21.21 Business Passing Resolution through Postal Ballot
- 21.22 Adjournment of Meeting
- 21.23 Meeting of Debenture Holders
- 21.24 Meeting of Creditors
- 21.25 One-Man Meeting
- 21.26 Motion
- 21.27 Kinds of Resolutions
- 21.28 Resolution Requiring Special notice—Section 115
- 21.29 Minutes of Proceedings of General Meeting—Section 118-119
- 21.30 Meaning of Board of Directors
- 21.31 Powers of the Board of Directors Which can be Exercised at their Meeting—Section 179
- 21.32 Prohibition and Restriction Regarding Political Contributions by Directors—Section 182
- 21.33 Power of the Board to Make Contribution to National Defence Fund—Section 183
- 21.34 Powers that can only be Exercised by the Board of Directors of a Public Company with the Consent of the Company in a General Meeting—Section 180
- 21.35 Prohibition and Restriction Regarding Charitable Fund by Directors—Section 181
- 21.36 Restriction on Non-Cash Transaction Involving Directors—Section 192
- 21.37 Prohibition on forward Dealings in Securties of Company—Section 194
- 21.38 Prohibition on Insider Trading—Section 195
- 21.39 Frequency of Board Meetings—Section 173
- 21.40 Day, Time and Place of Board Meeting
- 21.41 Notice of Board Meeting—Section 173
- 21.42 Content of Board Meeting Notice
- 21.43 Quorum for Board Meeting—Section 174
- 21.44 Matters which cannot be Dealt at Board Meeting through Video Conferencing
- 21.45 Chairman of Board Meeting
- 21.46 Voting at Board Meeting
- 21.47 Minutes of Board Meeting—Section
- 22 Companies Act, 2013: Management of Company
- 22.1 Definition of Director
- 22.2 Disqualification of Director—Section 164
- 22.3 Legal Position of Director
- 22.4 Duties of a Director—Section 166
- 22.5 Appointment of Directors
- 22.6 Appointment of First Directors—Section 152
- 22.7 Appointment of Directors at General Meeting or Directors Retirement by Rotation—Section 152
- 22.8 Deemed Appointment of Retiring Director—Section 152
- 22.9 Appointment of Director other than a Retiring Director—Section 160
- 22.10 Consent of Director with Roc and Company—Section 152
- 22.11 Director Identification Number—Section 153–159 and Rule 9
- 22.12 Appointment of Director by Board of Directors—Section 161
- 22.13 Appointment of Additional Director—Section 161(1)
- 22.14 Filling up Casual Vacancy—Section 161(4)
- 22.15 Alternate Director—Section 161(2)
- 22.16 Nominee Director—Section 161(3)
- 22.17 Who is an Idependent Director?—Section 149(6)
- 22.18 Provisions Relating to Independent Director—Section 149
- 22.19 Minimum and Maximum Number of Directors—Section 149
- 22.20 Small Shareholders’ Directors—Section 151 along with Rule 7 of Companies (Appointment and Qualification of Directors) Rules, 2014
- 22.21 Minimum and Maximum Number of Directors—Section 149(1)
- 22.22 Number of Directorship—Section 165
- 22.23 Vacation of Office of Director—Section 167
- 22.24 Removal of Director by Shareholder—Section 169
- 22.25 Compensation for Loss of Office—Section 202
- 22.26 Resignation by Director—Section 168 and Rule 15-16
- 22.27 Validity of the Acts of the Director Where His Appointment is Invalid—Section 176
- 22.28 Power of Board of Directors
- 22.29 Related Party Transaction—Section 188
- 22.30 Disclosure of Director’s Interest—Section 184
- 22.31 Loan to Directors—Section 185
- 22.32 Managing Director—Section 2(54)
- 22.33 Disqualification of Managing Director or Whole-Time Director or Manager—Section 196
- 22.34 Whole-Time Director—Section 2(94)
- 22.35 Distincton between Managing Director and Whole-Time Director
- 22.36 Manager—Section 2(53) of Companies Act 2013
- 22.37 Distinction between Managing Director and Manager
- 22.38 Appointment of Key Managerial Personnel—Section 203
- 22.39 Managerial Remuneration
- 22.40 Methods of Determination of Remuneration
- 22.41 Overall Limits on Managerial Remuneration
- 22.42 Managerial Remuneration Where the Company Has Profit
- 22.43 Managerial Remuneration Where Company has no Profit or Inadequate Profit
- 22.44 Salient Features of Schedule-V of Companies Act, 2013
- 22.45 Effective Capital
- 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
- 21.17 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 31 A
- 23.21 Power of Exemption—Section 36
- 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
- 25 Employees Provident Fund and Miscellaneous Provisions Act, 1952
- 25.1 Basic
- 25.2 Applicability of the Act
- 25.3 Definitions
- 25.4 Central Board—Section 5
- 25.5 Employee’s Pension Fund Scheme—Section 6
- 25.6 Employees’ Pension Scheme—Section 6A
- 25.7 Employees Deposit Link Insurance Scheme—Section 6B
- 25.8 Recovery of Money Due From Employer—Section 8B
- 25.9 Transfer of Accounts—Section 17A
- 25.10 Transfer of Establishment—Section 17B
- 25.11 Protection of Fund of Employee from Attachment—Section 10
- 26 Limited Liability Partnership Act, 2008
- 26.1 Features of LLP
- 26.2 Difference between Partnership and LLP
- 26.3 Difference between Company and LLP
- 26.4 LLP Agreement
- 26.5 Incorporation Document—Section 11
- 26.6 Incorporation by Registration
- 26.7 Partner—Section 5-6
- 26.8 Designated Partner—Section 7–9
- 26.9 Major Duties of a Designated Partner
- 26.10 Registered Office
- 26.11 Name of LLP—Sections 11–21
- 26.12 Name Guideline—Rule 18 of LLP Rules, 2009
- 26.13 Partners and their Relations and Extent of Liability—Sections 22–31
- 26.14 Whistle Blowing—Section 31
- 26.15 Contribution by Partner—Section 32–33
- 26.16 Voting Right
- 26.17 Audit and Financial Disclosures—Section 34–35
- 26.18 Assignment and Transfer of Partnership Rights—Section 42
- 26.19 Investigation—Sections 43–46
- 26.20 foreign LLP—Section 59 and Rule 34
- 26.21 Taxation of LLP
- 26.22 Conversion of Partnership Firm or Private Company or Unlisted Public Company into LLP—Sections 55– 58
- 26.23 Steps for Conversion of Partnership into LLP
- 26.24 Conversion of Private Compnay into LLP
- 26.25 Compromise, Arrangement or Reconstruction of LLPS—Section 60
- 26.26 Winding-Up of LLP—Sections 63 and 64
- 26.27 Advantages of LLP
- 26.28 Disadvantages of LLP
- 27 Employees’ State Insurance Act, 1948
- Index
- Copyright
Business Law
Third Edition
Tejpal Sheth
-
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