Bare Acts - IPCC / PCC - Business Law

IPCC 2866 views 4 replies

Indian Contract Act, 1872

CONTENTS

Sections

Particulars

  

Preamble

  

 

 

Preliminary

1

Short title

2

Interpretation clause

 

 

Chapter I

Of the communication, acceptance and revocation of proposals

3

Communication, acceptance and revocation of proposals

4

Communication when complete

5

Revocation of proposals and acceptances

6

Revocation how made

7

Acceptance must be absolute

8

Acceptance by performing conditions, or receiving consideration

9

Promises, express or implied

 

 

Chapter II

Of contracts, violable contracts and void agreements

10

What agreements are contracts

11

Who are competent to contract

12

What is a sound mind for the purposes of contracting

13

"Consent" defined

14

"Free consent" defined

15

"Coercion" defined

16

"Undue influence" defined

17

"Fraud" defined

18

"Misrepresentation" defined

19

Voidability of agreements without free consent

19A

Power to set aside contract induced by undue influence

20

Agreement void where both parties are under mistake as to matter of fact

21

Effect of mistakes as to law

22

Contract caused by mistake of one party as to matter of fact

23

What considerations and objects are lawful, and what not

24

Agreements void, if consideration and objects unlawful in part

25

Agreement without consideration void, unless it is in writing and registered, or is a promise to compensation for something done, or is a promise to pay a debt barred by limitation law

26

Agreement in restraint of marriage void

27

Agreement in restraint of trade void

28

Agreements in restraint of legal proceedings void

29

Agreement void for uncertainty

30

Agreements by way of wager, void

 

 

Chapter III

Of contingent contracts

31

"Contingent contract" defined

32

Enforcement of contracts contingent on an event happening

33

Enforcement of contracts contingent on an event not happening

34

When event on which contract is contingent to be deemed impossible, if it is the future conduct of a living person

35

When contracts become void, which are contingent on happening of specified event within fixed time

36

Agreements contingent on impossible events, void

 

 

Chapter IV

Of the performance of contracts Contracts which must be performed

37

Obligation of parties to contracts

38

Effect of refusal to accept offer of performance

39

Effect of refusal of party to perform promise wholly

40

Person by whom promise is to be performed

41

Effect of accepting performance from third person

42

Devolution of joint liabilities

43

Any one of joint promisors may be compelled to perform

44

Effect of release of one joint promisor

45

Devolution of joint rights

46

Time for performance of promise, where no application is to be made and no time is specified

47

Time and place for performance of promise, where time is specified and no application to be made

48

Application for performance on certain day to be at proper time and place

49

Place for performance of promise, where no application to be made and no place fixed for performance

50

Performance in manner or at time prescribed or sanctioned by promisee

51

Promisor not bound to perform, unless reciprocal promisee ready and willing to perform

52

Order of performance of reciprocal promises

53

Liability of party preventing event on which contract is to take effect

54

Effect of default as to taht promise which should be first performed, in contract consisting of reciprocal promises

55

Effect of failure to perform at fixed time, in contract in which time is essential

56

Agreement to do impossible act

57

Reciprocal promise to do things legal and also other things illegal

58

Alternative promise, one brach being illegal

59

Application of payment where debt to be discharged is indicated

60

Application of payment where debt to be discharged is not indicated

61

Application of payment neither party appropriates

62

Effect of novation, rescission and alteration of contract

63

Promisee may dispense with or remit performance of promise

64

Consequences of rescission of voidable contract

65

Obligation of person who has received advantage under void agreement, or contract that becomes void

66

Mode of communicating or revoking recission of voidable contract

67

Effect of neglect of promisee to afford promisor reasonable facilities for performance

 

 

Chapter V

Of certain relations resembling those created by contract

68

Claim for necessaries supplied to person incapable of contracting, or on his account

69

Reimburesement of person paying money due by another, in payment of which he is interested

70

Obligation of person enjoying benefit of non-grauitous act

71

Responsibility of finder of goods

72

Liability of person to whom money is paid, or thing delivered, by mistake or under coercion

 

 

Chapter VI

Of the consequences of breach of contract

73

Compensation for loss or damage caused by breach of contract

74

Compensation for breach of contract where penalty stipulated for

75

Party rightfully rescinding contract entitled to compensation

 

 

Chapter VII

Sale of goods

76 to 123

Repealed

 

 

Chapter VIII

Of indemnity and guarantee

124

"Contract of indemnity" defined

125

Rights of indemnity-holder when sued

126

"Contract of guarantee", "surety", principal debtor" and "Creditor"

127

Consideration for guarantee

128

Surety's liability

129

"Continuing guarantee"

130

Revocation of continuing guarantee

131

Revocation of continuing guarantee by surety's death

132

Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety in other's default

133

Discharge of surety by variance in terms of contract

134

Discharge of surety by release of discharge of principal debtor

135

Discharge of surety shen cerditor compounds with, gives time to, or agrees not to sue principal debtor

136

Surety not discharged when agreement made with third person to give time to principal debtor

137

Creditor's forbearance to sue does not discharge surety

138

Release of one co-surety does not discharge others

139

Discharge of surety by creditor's act or omission impairing surety's eventual remedy

140

Rights of surety on payment or performance

141

Surety's right to benefit of creditor's securities

142

Guarantee obtaiend by misrepresentation, invalid

143

Guarantee obtained by concealment, invalid

144

Guarantee on contract that creditor shall not act on it until co-sureties joins

145

Implied promise to indemnify surety

146

Co-sureties liable to contribute equally

147

Liability of co-sureties bound in different sums

 

 

Chapter IX

Of bailment

148

"Bailment", "bailor" and "bailee" defined

149

Delivery to bailee how made

150

Bailor's duty to disclose faults in goods bailed

151

Care to be taken by bailee

152

Bailee when not liable for loss, etc. of thing bailed

153

Termination of bailment by bailee's act inconsistent with conditions

154

Liability of bailee making unauthorized use of goods bailed

155

Effect of mixture, with bailor's consent, of his goods with bailee's

156

Effect of mixture, without bailor's consent when the goods can be separated

157

Effect of mixture, without bailor's consent, when the goods cannot be separated

158

Repayment, by bailor, of necessary expenses

159

Restoration of goods bailed, on expiration of time or accomplishment of purpose

160

Return of goods bailed, on expiration of time or accomplishment of purpose

161

Bailee's responsibility when goods are not duly returned

162

Termination of gratuitours bailment by death

163

Bailor entitled to increase or profit from goods bailed

164

Bailor's responsibility to bailee

165

Bailment by several joint owners

166

Bailee not responsible on re-delivery to bailor without title

167

Right of third person claiming goods bailed

168

Right of finder of goods may sue for specific reward offered

169

When Finder of thing commonly on sale may sell it

170

Bailee's particular lien

171

General lien of bankers, factors, wharfingers, attorneys, and policy brokers

172

"Pledge", "pownor" and "pawnee" defined

173

Pawnee's right of retainer

174

Pawnee not to retain for debt or promise other than that for which goods pledged: Presumption in case of subsequent advances

175

Pawnee's right to extraordinary expenses incurred

176

Pawnee's right where pawnor makes default

177

Defaulting pawnor's right to redeem

178

Pledge by mercantile agent

178A

Pledge by person in possession under voidable contract

179

Pledge where pawnor has only a limited interest suits by bailors against wrong-doers

180

Suit by bailor or bailee against wrong-doer

181

Apportionment of relief or compensation obtained by such suits

 

 

Chapter X

Agency, Appointment and authority of agents

182

"Agent" and "Principal" defined

183

Who may employ agent

184

Who may be an agent

185

Consideration not necessary

186

Agent's authority may be expressed or implied

187

Definitions of express and implied authority

188

Extent of agent's authority

189

Agent's authority in an emergency

190

When agent cannot delegate

191

"Sub-agent" defined

192

Representation of principal by sub-agent properly appointed

193

Agent's responsibility for sub-agent appointed without authority

194

Relation between principal and person duly appointed by agent to act in business of agency

195

Agent's duty in naming such person

196

Right of person as to acts done for him without his authority: effect of ratification

197

Ratification may be expressed or implied

198

Knowledge requisite for valid ratification

199

Effect of ratifying unauthorized act forming part of transaction

200

Ratification of unauthorized act cannot injure third person

201

Termination of agency

202

Termination of agency, where agent has an interest in subject-matter

203

When principal may revoke agent's authority

204

Revocation where authority has been partly exercised

205

Compensation for revocation by principal, or renunciation by agent

206

Notice of revocation or renunciation

207

Revocation and renunciation may be expressed or implied

208

When termination of agent's authority takes effect as to agent, and as to third persons

209

Agent's duty on termination of agency by principal's death or insanity

210

Termination of sub-agent's authority

211

Agent's duty in conducting principal's business

212

Skill and diligence required from agent

213

Agent's accounts

214

Agent's duty to communicate with principal

215

Right of principal when agent deals, on his own account, in business of agency without principal's consent

216

Principal's right to benefit gained by agent dealing on his own account in business of agency

217

Agent's right of retainer out of sums received on principal's account

218

Agent's duty to pay sums received for principal

219

When agent's remuneration becomes due

220

Agent not entitled to remuneration for business misconducted

221

Agent's lien on principal's property

222

Agent to be indemnified against consequences of lawful acts

223

Agent to be indemnified against consequences of acts done in good faith

224

Non-liability of employer of agent to do a criminal act

225

Compensation to agent for for injury caused by principal's neglect

226

Enforcement and consequences of agent's contracts

227

Principal how far bound, when agent exceeds authority

228

Principal not bound when excess of agent's authority is not separable

229

Consequences of notice given to agent

230

Agent cannot personally enforce, nor be bound by, contracts on behalf of principal

231

Rights of parties to a contract made by agent not disclosed

232

Performance of contract with agent supposed to be principal

233

Right of person dealing with agent personally liable

234

Consequence of inducing agent or principal to act on belief that principal or agent will be held exclusively liable

235

Liability of pretended agent

236

Person falsely contracting as agent, not entitled to performance

237

Liability of principal inducing belief that agent's unauthorised acts were authorised

238

Effect, on agreement, of misrepresentation or fraud by agent

 

 

Chapter XI

Of partnership

239 to 266

Repealed

 

 

Schedule

Repealed

 

 

Replies (4)

Negotiable Instruments Act, 1881

CONTENTS

Sections

Particulars

s

Introduction

s

Preamble

 

 

Chapter I

PRELIMINARY

1

Short title

2

Repeal of enactments

3

Interpretation clause

  

 

Chapter II

OF NOTES, BILLS AND CHEQUES

4

Promissory note

5

Bill of exchange

6

Cheque

7

Drawer, Drawer

8

Holder

9

Holder in due course

10

Payment in due course

11

Inland instrument

12

Foreign instrument

13

Negotiable  instrument

14

Negotiation

15

Endorsement

16

Endorsement in blank and in full-Endorsee

17

Ambiguous instruments

18

Where amount is stated differently in figures and words

19

Instruments payable on demand

20

Inchoate stamped instruments

21

At sight, On presentment, After sight

22

Maturity

23

Calculating maturity  of bill or note payable so many months after date or sight

24

Calculating maturity of bill or note payable so many days after date  or sight

25

When day of maturity is a holiday

 

 

Chapter III

PARTIES TO NOTES, BILLS AND CHEQUES

26

Capacity to make, etc., promissory notes, etc.

27

Agency

28

Liability of agent signing

29

Liability of legal representative signing

30

Liability of drawer

31

Liability of drawer of cheque

32

Liability of maker of note and acceptor of bill

33

Only drawer can be acceptor except in need or for honor

34

Acceptance by several drawers not partners

35

Liability of endorser

36

Liability of prior parties to holder in due course

37

Maker, drawer and acceptor principals

38

Prior party a principal in respect of each subsequent party

39

Surety ship

40

Discharge of endorser's liability

41

Acceptor bound, although endorsement forged

42

Acceptance of bill drawn in fictitious name

43

Negotiable instrument made, etc., without consideration

44

Partial absence or failure of money-consideration

45

Partial failure of consideration not consisting of money

45A

Holder's right to duplicate of lost bill

 

 

Chapter IV

OF NEGOTIATION

46

Delivery

47

Negotiation by delivery

48

Negotiation by endorsements

49

Conversion of endorsement  in blank into endorsement in full

50

Effect of endorsement

51

Who may negotiate

52

Endorser who excludes his own liability or make it conditional

53

Holder deriving title from holder in due course

54

Instrument endorsed in blank

55

Conversion of endorsement in blank into endorsement in full

56

Endorsement for part of sum due

57

Legal representative cannot by delivery only negotiate instrument

58

Instrument  obtained by unlawful means or for unlawful consideration

59

Instrument acquired after dishonor  or when overdue Accommodation note or bill

60

Instrument negotiable till payment or satisfaction

 

 

Chapter V

OF PRESENTMENT

61

Presentment for acceptance

62

Presentment of promissory note for sight

63

Drawer's time for deliberation

64

Presentment for payment

65

Honors for presentment

66

Presentment for payment of instrument payable after date or sight

67

Presentment for payment of promissory note payable by instalments

68

Presentment for payment of instrument payable at specified place and not elsewhere

69

Instrument payable at specified place

70

Presentment where no exclusive place specified

71

Presentment when maker, etc, has no known place of business or residence

72

Presentment of cheque to charge drawer

73

Presentment of cheque to charge any other person

74

Presentment of instrument payable on demand

75

Presentment by or to agent, representative of deceased, or assignee  of insolvent

75A

Excuse for delay in presentment for acceptance or payment

76

When presentment unnecessary

77

Liability of banker for negligently dealing with bill presented for payment

 

 

Chapter VI

OF PAYMENT AND INTEREST

78

To whom payment should be made

79

Interest when rate specified

80

Interest when no rate specified

81

Delivery of instrument on payment or indemnity in case of loss

 

 

Chapter VII

OF DISCHARGE FROM LIABILITY ON NOTES, BILLS AND CHEQUES

82

Discharge from liability

83

Discharge by allowing drawer more than forty-eight hours to accept

84

When cheque not duly presented and drawer damaged thereby

85

Cheque payable to order

85A

Drafts drawn by one branch of  a bank on another payable to order

86

Parties not consenting discharge by qualified or limited acceptance

87

Effect of material alteration

88

Acceptor or endorser bound not withstanding previous alteration

89

Payment of instrument on which alteration is not apparent

90

Extinguishments of rights of action on bill in acceptor's hand

 

 

Chapter VIII

Of NOTICE OF DISHONOR

91

Dishonor by non-acceptance

92

Dishonor by non-payment

93

By and to whom notice should be give

94

Mode in which notice may be give

95

Party receiving must transmit notice of dishonor

96

Agent for presentment

97

When party to whom notice given is dead

98

When notice of dishonor is unnecessary

 

 

Chapter IX

NO NOTING AND PROTEST

99

Noting

100

Protest

101

Contents of protest

102

Notice of protest

103

Protest for non-payment after dishonor by non-acceptance

104

Protest of foreign bills

104A

When noting equivalent to protest

 

 

Chapter X

OF REASONABLE TIME

105

Reasonable time

106

Reasonable time of giving  notice of dishonor

107

Reasonable time for transmitting such notice

 

 

Chapter XI

OF ACCEPTANCE AND PAYMENT FOR HONOR AND REFERENCE IN CASE OF NEED

108

Acceptance for honor

109

How acceptance for honor must be made

110

Acceptance not specifying for whose honor it is made

111

Liability of acceptor for honor

112

When acceptor for honor may be charged

113

Payment for honor

114

Right of payer for honor

115

Drawee in case of need

116

Acceptance and payment without protest

 

 

Chapter XII

OF COMPENSATION

117

Rules as to compensation

 

 

Chapter XIII

SPECIAL RULES  OF EVIDENCE

118

Presumption as to negotiable instruments of consideration

119

Presumption on proof of protes

120

Estoppels against denying original validity of instrument

121

Estoppels against denying  capacity of payee of indorse

122

Estoppels against denying signature or capacity of prior party

 

 

Chapter XIV

OF CROSSED CHEQUES

123

Cheque crossed generally

124

Cheque crossed specially

125

Crossing after issue

126

Payment of cheque crossed generally/specially

127

Payment of cheque crossed specially more than once

128

Payment  in due course of crossed cheque

129

Payment  of crossed cheque out of due coruse

130

Cheque-bearing not negotiable

131

Non-liability of banker receiving payment of cheque

131A

Application of Chapter to drafts

 

 

Chapter XV

OF BILLS IN SETS

132

Set bills.

133

Holder of first acquired part entitled to all

 

 

Chapter XVI

OF INTERNATIONAL LAW

134

Law governing liability  of maker, acceptor or endorser of foreign instrument

135

Law of place of payment  governs dishonor

136

Instrument made, etc., out of India, but in accordance with the law of India

137

Presumption as to foreign law

 

 

Chapter XVII

OF PENALTIES IN  CASE OF DISHONOR OF CERTAIN CHEQUE FOR INSUFFICIENCY OF FUNDS IN THE ACCOUNTS

138

Dishonor of cheque for insufficiency, etc, of  funds in the account

139

Presumption in favour of holder

140

Defense which may not be allowed in any prosecution under section 138

141

Offences by companies

142

Cognizance of offences

143

Power of Court to try cases summarily

144

Mode of service of summons.

145

Evidence on affidavit.

146

Bank's slip prima facie evidence of certain facts.

147

Offences to be compoundable.

SCHEDULE

Repealed

 

 

 

The Payment of Bonus Act, 1965

 

 



 

CONTENTS

Sections

Particulars

 

Preamble

  

 

1

Shot title, extent and application

2

Definitions

3

Establishments to include departments, undertakings and branches

4

Computation of gross profits

5

Computation of available surplus

6

Sums deductible from gross profits

7

Calculation of direct tax payable by the employer

8

Eligibility for bonus

9

Disqualification for bonus

10

Payment of minimum bonus

11

Payment of maximum bonus

12

Calculation of bonus with respect to certain employees

13

Proportionate reduction in bonus in certain cases

14

Computation of number of working days

15

Set-on and set-off of allocable surplus

16

Special provisions with respect to certain establishments

17

Adjustment of customary or interim bonus against bonus payable under the Act.

18

Deduction of certain amounts from bonus payable under the Act

19

Time-limit for payment of bonus

20

Application of Act to establishments in public sector in certain cases

21

Recovery of bonus due from an employer

22

Reference of dispute under this Act

23

Presumption about accuracy of balance-sheet and profit and loss account of corporations and companies

24

Audited accounts of banking companies not to be questioned

25

Audit of accounts of employers, not being corporations or companies

26

Maintenance of registers, records, etc.

27

Inspectors

28

Penalty

29

Offences by companies

30

Cognizance of offences

31

Protection of action taken under the Act

31A

Special provision with respect to payment of bonus linked with production or productivity

32

Act not to apply to certain classes of employees

33

[Repealed]

34

Employees and employers not to be precluded from entering into agreements for grant of bonus under a different formula

34A

Effect of laws and agreements inconsistent with the Act

35

Saving

36

Power of exemption

37

[Repealed]

38

Power to makes rules

39

Application of certain laws not barred

40

Repeal and saving

  

 

Schedules

 

 

The First Schedule

 

The Second Schedule

 

The Third Schedule

 

The Fourth Schedule

  

 

Rules

Introduction

1

Short title and commencement

2

Definitions

3

Authority for granting permission for change of accounting year

4

Maintenance of registers

5

Annual returns

 

Employees Provident Fund and Miscellaneous Provisions Act, 1952

CONTENTS

Sections

Particulars

 

Preamble

1

Short title, extentand commencement

2

Definitions

2A

Establishment to include all departments and branches 

3

Power to apply the Act to an establishment which has a common provident fund with another establishment

4

Power to add to Schedule

5

Employees' Provident Funds Scheme

5A

Central Board

5AA

Executive Committee 

5B

State Board 

5C

Board of Trustees to be body corporate 

5D

Appointment of officers 

5E

Delegation 

6

Contributions and matters which may be provided for in the Scheme

6A

Employees' Pension Scheme

6C

Employees' Deposit Linked Insurance Scheme

6D

Laying of Schemes before Parliament

7

Modification of Scheme

7A

Determination of moneys due from employers

7B

Review of orders passed under section 7A

7C

Determination of escaped amount

7D

Employees' Provident Funds Appellate Tribunal

7E

Term of office

7F

Resignation

7G

Salary and allowances and other terms and conditions of service of presiding officer

7H

Staff of Tribunal

7-I

Appeals to Tribunal

7-J

Procedure of Tribunal

7K

Right of appellant to take assistance of legal practitioner and of government etc. to appoint presenting officers

7L

Orders of Tribunal

7M

Filling up of vacancies

7N

Finality of orders constituting a Tribunal

7O

Deposit of amount due on filing appeal

7P

Transfer of certain applications to Tribunal

7Q

Interest payable by the employer

8

Mode of recovery of moneys due from employers

8A

Recovery of moneys by employers and contractors

8B

Issue of certificate to the Recovery Officer

8C

Recovery Officer to whom certificate is to be forwarded

8D

Validity of certificate and amendment thereof

8E

Stay of proceedings under certificate and amendment or withdrawal thereof

8F

Other modes of recovery

8G

Application of certain provisions of Income Tax Act

9

Fund to be recognised under Act 11 of 1922

10

Protection against attachment 

11

Priority of payment of contributions over other debts

12

Employer not to reduce wages etc

13

Inspectors

14

Penalties

14A

Offences by companies

14AA

Enhanced punishment in certain cases after previous conviction

14AB

Certain offences to be cognizable

14AC

Cognizance and trial of offences 

14B

Power to recover damages

14C

Power of court of make orders

15

Special provisions relating to existing provident funds

16

Act not to apply to certain establishments

16A

Authorising certain employers to maintain provident fund accounts

17

Power of exempt

17A

Transfer of accounts

17AA

Act to have effect notwithstanding anything contained in Act 31 of 1956

17B

Liability in case of transfer of establishment

18

Protection of action taken in good faith

18A

Presiding officer and other officers to be public servants 

19

Delegation of powers 

20

Power of Central Government to give directions

21

Power to makes rules 

22

Power to remove difficulties

23

Repealed

  

  

 

Schedule I

  

schedule II

 

schedule III

  

scheduleIV

 

 

The Payment of Gratuity Actg, 1972

 

 

 

 


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register