Indian Penal CodeGeneral Explanations
General Exceptions ( 76 to 106)
Of Offences against human body
Of Kidnapping and Abduction
Of Offences against property
Of Attempt to commit offences
Indian Contract Act 1872
Sec 124 - A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a “contract of indemnity.”
Sec 125 - The promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor - damages, cost of suit, compromise amount.
Sec 126 - A “contract of guarantee” is a contract to perform the promise, or discharge the liability, of a third person in case of his default. The person who gives the guarantee is called the “surety”; the person in respect of whose default the guarantee is given is called the “principal debtor”, and the person to whom the guarantee is given is called the “creditor”. A guarantee may be either oral or written.
Sec 127 - Consideration for Guarantee - Anything done for the principal debtor.
Sec 128 - Extent Surety's Liability - co-extensive with that of principal debtor.
Sec 129 - Continuing Guarantee
Sec 130 - Revocation of Continuing Guarantee by notice
Sec 131 - Revocation of Continuing Guarantee by death of surety
Sec 133 - Discharge of surety - by variance in terms of contract
Sec 134 - Discharge of surety - by release or discharge of principal debtor
Sec 135 - Discharge of surety - by composition, by extention of time, by agreeing not to sue principle debtor
Sec 136 - Surety not discharge when an agreement not to sue PD is done with third party
Sec 137 - Surety not discharge upon forbearance to sue PD by creditor
Sec 138 - Surety not discharge upon release of a co-surety by creditor
Sec 139 - Discharge of surety - when creditor impairs suerty's remedy
Sec 142 143 - Guarantee void on Misrepresentation , Concealment
Sec 146 147 - Contribution from co-surities
Sec 148 - A “bailment” is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the “bailor”. The person to whom they are delivered is called the “bailee”.
Sec 149 - Delivery of goods to bailee how made - Actual or Constructive
Sec 150 - Duty of Bailor
Sec 164 - Duty of Bailor to make good any loss due to the fact that bailor was not entitled to bail
Sec 151 - Care to be taken by Bailee
Sec 152 - When is bailee not liable for loss - when care as described in 151 has been taken.
Sec 154 - Unauthorzied use
Sec 156 157 - Mixing without consent when good can be separated and cannot be separated.
Sec 160 - Return of goods
Sec 163 - Return of increase
Sec 166 - Jus Tertii
Sec 158 - Right to expenses when bailee is to receive no remuneration
Sec 170 - Right of particular lien
Sec 171 - Right of general lien - Bankers, Wharfingers, Factors, Attorneys, Policy brokers
Sec 172 - The bailment of goods as security for payment of a debt or performance of a promise is called “pledge”. The bailor is in this case called the “pawnor”. The bailee is called the “pawnee”.
Sec 173 174 - Right to Retain goods/ cannot retain goods other than the ones pledged for that debt
Sec 175 - Right to extra ordinary expenses
Sec 176 - RIght of sale
Sec 177 - Pawner's right to redeem
Sec 178 - Pledge by merchantile agent
Sec 178 A - Pledge by party of a voidable contract
Sec 179 - Pledge by person having limited interest
Indian Partnership Act 1932
Sec 4 - Partnership is the relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.
Sec 5 - PARTNERSHIP NOT CREATED BY STATUS - The relation of partnership arises from contract and not from status
Sec 6 - MODE OF DETERMINING EXISTENCE OF PARTNERSHIP - In determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in a firm, regard shall be had to the real relation between the parties, as shown by all relevant facts taken together.
Duties of partiers -
Sec 9 GENERAL DUTIES OF PARTNERS - Work in best interest of the firm.
Sec 10 Duty to indemnify for loss caused by fraud.
Sec 11 Determination of rights and duties of partners by contract.
Sec 12 The conduct of the business.
Sec 13 Mutual right and liabilities - Contribute equally to losses, Indemnify the firm for losses due to wilful neglect
Sec 15 Application of the property of the firm - must be used exclusively for the firm.
Sec 16 Personal profits earned by partners - Return personal profit to firm, duty not to compete with firm
Rights of Partners
Sec 12 - Right to take part in conduct of business, see and inspect books,
Sec 13 - Right to share in profit, right to interest in capital subscribed, right to indemnity by firm for acts done in normal business or in emergency situation.
Implied Authority of a Partner
Sec 19 - Partners are agents of each other. Authority of a partner to bind a firm is called implied authority. Restrictions.
Sec 20 - Partners may extend or restrict the implied authority of a partner by contract.
Sec 30 - Partnership with Minor - a minor can be admitted to the benefits of the partnership by the consent of all the partners.
Removal of Partners
By a condition in partnership agreement (Sec 32)
By consent of all other partners (Sec 32)
By notice to other partners (only for at will) (Sec 32)
Forcible removal - only in special conditions and only if partners act in good faith. (Sec 33)
By Insolvency (Sec 34)
By Death (Sec 42
Sec 58 - Procedure of registration
By Agreement (Sec 40)
Compulsory dissolution (Sec 41) - All or all but one partners become insolvent, or business becomes unlawful.
Dissolution on the happening of certain contingencies (Sec 42 ) - Death or Insolvency of a partner, expiry of fixed term, completion of adventure
Dissolution by notice of partnership at will (Sec 43)
Dissolution by the Court (Sec 44) - Partner becomes of unsound mind, or incapable, perpetual loss, partner is guilty of misconduct, wilfull or persistent breach of partnership agreement, transfer of whole interest in a firm by a partner to another, just and equitable cause.
Consumer Protection Act 1986
Sec 2 (d) - "Consumer" means any person - who bought goods or services but not for commercial purpose excluding for earning livelyhood.
Sec 2 (o) - "Services" means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, Financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service
Sec 6 - Objects of the Central Council - to promote and protect the rights of the consumers
Sec 10 - Composition of the District Forum
Sec 11 - Jurisdiction of the District Forum
Sec 12 - Manner in which complaint shall be made - complaint can be made by consumer, consumer association, group of consumers, central or state govt.
Sec 13 - Procedure on receipt of complaint
Sec 15 - Appeal To State Consumer Forum
Sec 16 - Composition of the State Commission
Sec 17 - Jurisdiction of the State Commission
Sec 18 - Procedure applicable to State Commission
Sec 19 - Appeals to National Commission
Sec 20 - Composition of the National Commission
Sec 21 - Jurisdiction of the National Commission
Sec 23 - Appeal To Supreme Court