Professional Documents
Culture Documents
by : DR. T.K. JAIN AFTERSCHOOL centre for social entrepreneurship sivakamu veterinary hospital road bikaner 334001 rajasthan, india FOR CSE & PGPSE STUDENTS (CSE & PGPSE are free online programmes open for all, free for all) mobile : 91+9414430763
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My words.....
My purpose here is to give an introductory lesson on legal system which will help entrepreneurs. Ideally law should be small & easy to understand so that people can implement it by heart. Unfortunately, it is written in a verbose and complicated language, that only experts can understand it. It is really unfortunate that some people feel pride on legal terminology (which contains lot of technical & foreign words, which can easily be replaced by simple words) I shall try to present it in simplified form, and let us pray that some person simplifies the Indian legal system. Let us change the society, change the world. Go with positive spirit. Please pass this presentation to all those who might need it. Let us spread knowledge as widely as possible. I welcome your suggestions. I also request you to help me in spreading social entrepreneurship across the globe for which I need support of you people not of any VIP. With your help, I can spread the ideas for which we stand....
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Who enforces weights and measures under weights and measures act centre or state?
Either can enforce after the 42nd Amendment to the Constitution the enforcement of wights and measures has been placed under the concurrent list to the Constitution.
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Which are the bodies under the directorate of weights and measures ?
1. Indian Institute of Legal Metrology; 2. Regional Reference Standard Laboratories, at Ahmedabad and Bhubaneswar, etc. 3. Regional units at Kolkata, Mumbai, Chennai and Delhi.
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Which are the apex govt. Bodies for enforcement of wights and measures in India ?
Ministry of Consumer Affairs,Food and Public Distribution, Directorate of Weights and Measures, New Delhi the Controllers of Legal Metrology (in different states) The Directorate of Weights and Measures
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What is calibration ?
section 2(a): it means all the operations which are necessary for the purpose of determining the values of the errors of a weight / measure /to determine the other metrological properties of such weight or measure, and includes fixing of the positions of the guagemarks or scale-marks of a weight or measure, or in some cases, of certain principal marks only, in relation to the corresponding values of the quantity to be measured.
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the set of standard weight or measure which is made or manufactured by or on behalf of the Central Government for the verification of any secondary standard [Section 2(t)].
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What are the main rules relating to STANDARDS OF WEIGHTS AND MEASURES (PACKAGED COMMODITIES) RULES, 1977
Rule 4 :Prepacked packages must contain declarations regarding weights The declarations have to be made on every package (Rule 6) rd commodities specified in the 3 Schedule msut be in standard quantities as are specified in that Schedule..(rule 5)
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Yes The height of letters in the declaration should not be less than 1mm height. When blown, formed, moulded, embossed or perforated the height of letters should not be less than 2mm. However, the width of the letter or numeral should not be less than one third of its heights, except in the cases of numerals/letters specified under the rule 7 & other provisions
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total surface area of the package where the information is required to be given.
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Sec. 2(c) : the person who is in the business of buying, selling, supplying, importing or distributing any weight or measures
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Receipts or payments in connection with foreign trade, other current business, services and short term banking and credit facilities in the ordinary course of business; payments due as interest on loan and as net income from investments; remittances for living expenses of parents, spouse and children residing abroad and expenses in connection with foreign travel, education and medical care of parents, spouse and children (sec. 2j)
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Current account transactions through authorised dealers are permitted. Rules are : Foreign Exchange Management (Current Account Transactions) Rules, 2000
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shares, stocks, bonds, debentures or any other instrument denominated or expressed in foreign currency (sec 2o)
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What are the permissible foreigh exchange transactions for Indian residents ?
1. investment in foreign securities. 2. foreign currency loans 3. transfer of immovable property outside India 4. guarantees 5. export, import and holding of currency/currency notes 6. loans and overdrafts from a person resident outside India; 7. maintenance of foreign currency accounts ; 8. insurance policy / other remittance 9. loans and overdrafts to a person resident outside India; 10. sale and purchase of foreign exchange derivatives
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What are the permissible foreigh exchange transactions by residents outside India ?
1. Investment in Indian securities 2. Acquisition and transfer of immovable property . 3. Guarantee 4. Import and export of currency/currency notes 5. Deposits with / from a person resident in India 6. Foreign Currency accounts 7. Remittance outside India of capital assets
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Can Indian company acquire shares of a foreign company in exchange of ADR / GDR ?
YES but as per the Scheme for issue of Foreign Currency Convertible Bonds and Ordinary Shares (through Depository Receipt Mechanism) Scheme, 1993,
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What are the funds which may be used for JV / WOS abroad ?
1. from AD Bank in India; 2. capitalisation of exports; 3. swap of shares 4. proceeds of External Commercial Borrowings (ECBs) / Foreign Currency Convertible Bonds (FCCBs); 5. in exchange of ADRs/GDRs 6. EEFC account ; 7. from the funds of ADR / GDR issues
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When do you need prior approval of central government for foreign exchange transactions ?
For all the matters mentioned in Schedule II of FEMA. However, this does not apply to the cases where the payment is made out of funds held in Resident Foreign Currency Account (RFC) of the remitter.
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Foreign Currency Convertible Bonds (FCCBs) not exceeding US$ 500 million (subject to some restrictions)
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When do you need prior permission from RBI for foreign exchange drawals?
1. Release of exchange exceeding US$ 10,000 or its equivalent in one calendar year, for one or more private visits to any country (except Nepal and Bhutan). 2. Gift remittances exceeding US$ 5,000 per donor per annum. 3. Donation exceeding US$ 5,000 per remitter/donor p.a. 4. for US$ 5,000 for persons going abroad for employment. 5. for emigration exceeding US$ 5,000 or amount prescribed by country of emigration. 6. Remittance for maintenance of close relatives abroad
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What is the difference between the meaning of consumer in consumer protection act from competition act ?
Under the Competition Act even if a person purchases goods or avails of services for commercial purpose, he will be a Consumer, whereas for purposes of Consumer Protection Act, a person purchasing goods/ availing services for commercial purposes is not a Consumer and can not seek relief under consumer protection Act.
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What is the difference between the meaning of services in consumer protection act from competition act ? Under the Competition Act, the services of industrial or commercial nature also fall within the scope of the Act whereas under the Consumer Protection Act, the services of commercial nature or for business or industrial purposes are excluded for interpreting deficiency in the supply thereof and for determining compensation, if any, payable to them
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Can firms in the same industry make an agreement to limit the production of goods to a certain limit ?
No, any agreement in respect of production, supply, distribution, storage, acquisition or control of goods or services, which causes or is likely to cause an appreciable adverse effect on competition is not allowed in competition act 2002. Section 3(2) further declares these agreements, which fall in sec. 3(1) of competition act 2002, to be void (invalid).
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What types of agreements can cause adverse impact on competition as per competition act 2002 ?
1. tie-in agreement; 2. exclusive supply agreement; 3. exclusive distribution agreement; 4. refusal to deal; 5. resale price maintenance;
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Requiring a distributor not to sell the goods of the manufacturer beyond the prescribed territory case : Vadilal Enterprise Ltd.(1998 )
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What is CCI?
Earlier this term denoted Controller of capital issues (which has now been abolished). Now this term means competition commission of India. Section 8 : CCI has a Chairperson and not less than two and not more than six other Members
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If two MNCs have an agreement in London about their pricing strategy in India -where by they fix a price for India will it come under competition act ?
Yes, it may come The Competition Commission of India will have jurisdiction if agreement / combination entered into by them has an appreciable adverse effect on competition in India.
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What are the restrictions on mergers of two large companies in same industry in India if this results in huge market share for the new company?
Competition Act 2002 prohibits any person or enterprise from entering into a combination which causes an adverse effect on competition in India
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What is a presumption?
A presumption is a rule of law that courts or juries may draw a particular inference from a particular fact or from particular evidence unless and untill the truth of such inference is disproved.
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There are two types of facts in a case facts directly related and indirectly related. Directly related facts are called factum probandum
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What are the secondary evidences in Indian Evidence Act (sec. 63)?
certified copies of the document copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies (PHOTO COPY ) copies made from or compared with the originalcounterparts of documents Oral account of document by a person who has seen the document
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What are the matters, on which you cant ask others to give evidence ?
The following : Evidence of a Judge /Magistrate (Section 121) Communications during marriage; (Section 122) Affairs of State; (Section 123) Official communications; (Section 124) Source of information of a Magistrate or Police officer about crime; (Section 125) professional communication (Sections 126 and 129).
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What are the cases when opinion of witness on a question whether of fact or law is relevant?
1. opinion of expert (sec. 45) 2. in case of handwriting the person who knows the handwriting 3. in case of digital signature the person who has given the digital signature 4. in other cases, where a person has special knowledge of the case
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No
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What is an admission ?
Admission means conceding something against the person making the admission
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facts which though not in issue, are so connected with a fact in issue as to form part of the same transaction
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No no facts other than those having rational probative value should be admitted in evidence
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The period of limitation will start from the date of acknowledgement (sec. 18 of law of limitation)
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What are the days which are excluded from period of limitation, when we are calculating the period of limitation? 1. time spent in obtaining decree 2. time required to obtain consent of govt / court 3. time spent in a court having no juristidction 4. when the defendent was out of the country that time is excluded
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No Although Section 10 of the Arbitration Act provides that, the parties are free to determine the number of arbitrators, provided that such number shall not be an even number. If they fail to determine the number of arbitrators, the arbitral tribunal shall consist of a sole arbitrator.
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How many parts are there in arbitration & conciliation act 1996?
4 PARTS & 3 SCHEDULES Part one deals with Arbitration (Sections 2 to 43); Part two deals with enforcement of certain Foreign Awards (Sections 44 to 60); Part three deals with conciliation (Sections 61 to 81); and Part four contains supplementary provisions (Sections 82 to 86). Similarly schedule one contains provisions relating to convention on the Recognition and Enforcement of Foreign Arbitral Awards; Schedule two deals with Protocol on Arbitration Clauses and Schedule three contains provisions relating to Execution of Foreign Arbitral Awards.
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When does the court permit rectification of instrument under specific relief act 1963?
Rectification = removing an error / correction it is allowed in the followin cases : 1. both parties agree that the instrument didnt reflect the true intention 2. third party applies for it and both the parties of the instrument were innocent about the mistake (read sec. 26)
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When does the court rescind a contract under specific relief act 1963?
1. when the party interested in the contract applies for it 2. when it is a voidable contract, and the party which can cancel it applies for it 3. when it is unlawful contract
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As per Indian Stamp act : 1. writing name / signature on stamp 2. writing a line across the stamp
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No cognizable offences are generally non-bailable Non cognizable offences are generally bailable
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A charge may be floating or fixed. A fixed charge is a charge on specific property but a floating charge is an equitable charge on all the assets for time being of a going concern.
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during the pendency of a suit in a court of law, property which is under litigation cannot be transferred.
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Where a person transfers his property so that his creditors shall not have anything out of the property
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Mens Rea a bad intention or guilt It is the main source of crime a person is punished for mens rea
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What is a Complaint
"Complaint" means any allegation made orally or in writing to a Magistrate (c(d) of cr.p.c.)
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Who is a pleader ?
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Sec. 46 authorises the person arresting to confine the body of the person to be arrested and for this the police officer or other person may use all necessary means to effect the arrest if there is forcible resistance.
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summary case is a case which can be tried and disposed of at once. It applies to cases which can have imprisonment for a term maximum two years of imprisonment .
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It is the case, where the police officer may conduct investigations without the order of a Magistrate.
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Action can be taken like : (i) issuing a proclamation (ii) attachment and sale of property of that person, who is absconding
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What is FIR ?
When you want to give information relating to a cognizable offence to a police officer, then the police officer will write down this information and read out it before you. You have to sign this page and it has to be kept in a book kept by such officer in such form as may be prescribed by the State Government, this is called First Information Report (FIR).
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No. Registration of documents relating to immovable property & some such matters is compulsory (not all cases). But, registration of will is optional.
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By what time can I get a document registered under registration act 1908?
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No A document takes effect from its date of execution and not from date of registration.
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No Documents relating to immovable property should be registered in the office of SubRegistrar of sub-district within which the whole or some portion of property is situated Other documents can be registered anywhere.
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Yes, A document executed outside India is not valid unless it is registered in India (read sec. 26 & Nainsukhdas v. Gowardhandas, AIR 1948)
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The testator, or after his death, any person claiming as executor (sec. 40)
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Any testator (the person making will) may, either personally or through agent, deposit with any Registrar his will in a sealed cover superscribed with the name of the testator and that of his agent, if any, and with a statement of the nature of the document. Registrar will write about it in Book No. 5And keep the sealed cover in fire-proof box. The will can be withdrawn by application (Sections 42 to 46). 5 DECEMBER 09 www.afterschool.tk 120
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(Section 2(9)) of the Civil Procedure Code : it is the statement given by the Judge on the grounds of a decree or order
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any person against whom a decree has been passed or an order capable of execution has been made. [Section 2(10)]
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What is an order ?
Section 2(14) : the formal expression of any decision of a Civil Court which is not a decree.
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Order 8, Rule 6 : It is a reciprocal acquittal of debts between the plaintiff and defendant.
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The Court may, on the application of any party to a suit order the sale, by any person, and in such manner as it thinks fit, of any movable property, being the subject-matter suit
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What is a suit ?
It is a civil action started by presenting a plaint in duplicate to the Court containing concise statement of the material facts, on which the party pleading relies for his claim or defence. The facts must be presented on affidavit
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a bundle of essential facts which the plaintiff has to prove in order to sustain his action. There are 2 things : 1. right 2. infringement of right
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If the plaintiffs are not jointly interested in all the causes of action there is misjoinder of causes of action.
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What is an affidavit ?
It is a written statement of the deponent on oath duly affirmed before any Court or Magistrate or any Oath Commissioner appointed by the Court or before the Notary Public.
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What is revision ?
Section 115 : The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court
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What is a tort?
Tort means wrong. But every wrong or wrongful act is not a tort. Tort is really a kind of civil wrong as opposed to criminal wrong. Wrongs, in law, are either public or private. Suppose someone abuses you & defame, it is a tort. If some one stabs you, that will not come in Tort, but it will come in criminal laws.
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What is a prosecution?
To start a criminal suit involving the process of pursuing formal charges against an offender to final judgment example : A procecutes B in the court for embazzlement.
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What is battery?
It is the act of using force againt another person that results in either bodily injury or offensive touching. It is unlawful physical contact which may or may not result in injury
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What is defamation?
spoken or written words that falsely and negatively reflect on a living person's reputation
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What is injunction?
It is an order of a court requiring a person, corporation, or government entity to stop doing something and refrain from doing that thing in the future. Suppose Ravi defames you, you can go to the court for injunction and court will order Ravi not to do it in future.
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to distrain things which are doing damage. Suppose cattle comes to your field and are damaging your crop. You can tie these cattle.
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What is evidence ?
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What is UNCITRAL?
It is an international agency regarding arbitration for international buisness. United Nations Commission on International Trade Laws
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What is arbitration?
It is the means by which parties to a dispute get the same settled through the intervention of a third person (or more persons) but without recourse to a court of law. Suppose A and B fight over some matter relating to their contract. They agree that C is a neutral person. They refer their dispute to C, who gives his judgement, and both A and B have to follow the judgement. This is arbitration.
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A bequeaths land to B for his life, with remainder to C. A dies, B enters on the land, but C, without Bs consent, obtains possession of the title deeds
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A receives a letter addressed to him by B. B gets back the letter without As consent.
Solution : A can recover it again from B Oliver v. Oliver (1861)
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http://www.esnips.com/web/onlinespeeches
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