7/29/2019 2law

1/21

LAW CHARTS: CPTA///IPTA///INC.TA/// RBIACT//NIA ACT//BRACT//

CONTRACT//ICOMPACT////ARBITN////CONCIACT////.

1.CPTA: CONSUMER PROTECTION ACTCERTAIN RIGHTS OF CONSUMER

-------------------------------------------------------------------------------------------------------------------------------------

I 2 3 4 5

RIGHT TO RIGHT TO RIGHT TO CHOICE RIGHT TO RIGHT TO

BE HEARD CONSUMER VARIETY OF GOODS QUALITY REDRESSAL OF GEDUCATION GRIEVANCES

COMPLAINTS : any grievance in writing regarding (Q Q P P P S)

QUALITY QUANTITY POTENCY PURITY PRICE STANDARD

SERVICES : INCLUDES

BANKING TELECOMMUNICATIONS TRANSPORT ENTERTAINMENT

NEWSPURVIEWING CONSTRUCTION AIRLINES MEDICAL

VP SHANTA V/S INDIAN MEDICAL ASSOCIATION ( MEDICAL NEGLIGENCE CASESC)

Medical malpractice refers to profesional negligence by a health care professional or provider

in which treatment provided was substandard, and caused harm, injury or death to a patient .

In the majority of cases, the medical malpractice or negligence involved a medical error, possibly in

diagnosis, medication dosage, health management, treatment or aftercare. The error may have been

because nothing was done (an act of omission), or a negligent act.

Medical malpractice law provides a way for patients to recover compensation from any harms

resulting from sub-standard treatment. The standards and regulations for medical malpractice differ

slightly from country-to-country; even within some countries, jurisdictions may have varying medical

malpractice laws.

A hospital, doctor or other health care professional is not liable for all the harms a patient might

suffer. They are only legally responsible for harm or injuries that resulted from their deviating from

the quality of care that a competent doctor would normally provide in similar situations, and which

resulted in harm or injury for the patient.

EX: A child admitted to an hospital shifted to another due to emergency..GOES into vegetative

7/29/2019 2law

2/21

condition/Coma ..From a Govt Hospital to PVT..for treatment..what happens?

(In Almost serious cases the patients are trasfered from one hospital to another when they are not

satisfied with the treatment in an Hospital specially if it is Govt..BUT usually the patient is transferred

on basis of an undertaking from the Blood relations../guardians/relations that they are taking away at

on Risk.) In such cases Medical Negligence on part of a Doctor is defended on grounds that

PROPER TREATMENT WAS GIVEN AT THE TIME OF ADMISSION .(SIMILAR CASES TO BE STUDIED)

2.. EPTA : ENVIRONMENT PROTECTION ACT:

M.C METHA

V/S

UNION OF INDIA

SC CASE. WHERE THE CONCEPT OF POLLUTER PAYS was coined by the Supreme COURT

AND also the very important principle of STRICT LIABILITY.

PRINCIPLE ENSHRINED IN OUR CONSTITUTION:

RIGHT TO LIFE.pollution free environment is protected under our constitution.

pollution means AIR, WATER AND ALSO NOISE POLLUTION.even the protection of animals under

WPACT wildlife protection act envisages the protection of animals and endangered species hence

we find many laws pertaining to protection of forest and wild life no noise pollution in the

forest,eg;MAHERAN no vehicles allowed out of permissible range.

similary SC GUIDELINES PERTAIINING TO STRICT RULES REG.POLLUTION

Government of India'sMinistry of Environment and Forestsaccepted all recommendations by Awaaz

Foundation on 11 January 2010 for stricter noise laws in the country and issued a new notification to ban

on the use of loudspeakers, musical instruments and honking in the areas demarcated as silence zones,

including area around religious places throughout India.

[24]

The MoEF also denied permission to the StateGovernment of Maharashtra to permit private helipads for personal use of individuals atop residential

buildings and included other sources of noise such as traffic and construction noise within the ambit of the

Rules for the first time.[25]

But The state Government of Maharashtra had initially, in its notification, asked municipal bodies in the

state to demarcate area of 100 metres (330 ft) around educational institutions, hospitals and courts as

silence zones but did not consider the areas surrounding religious places as silence zones. Awaaz

foundation filed aPublic Interest Litigationon 12 November 2007 in Mumbai High Court[26]

seeking

implementation of Noise Pollution Rules, 2000, which contemplate creation of silence zones

around Educational places, courts, hospitals and religious places also.In 2009 theBombay High

Courtaccepted the need for implementation of stricter noise laws and ordered the State Government to

implement Noise Pollution regulation rules notified by 'Central Pollution board', (one of the Subordinateand statutory bodies) of Government of India'sMinistry of Environment and Forests. Consequent to the

Bombay High Court Order, the State Government of Maharashtra initially notified and asked municipal

bodies in the state to demarcate an area of 100 metres (330 ft) around educational institutions, hospitals

and courts as silence zones but did not consider the areas surrounding religious places as silence zones.

Awaaz Foundation once again petitioned the Court to have these places notified as silence zones.[27]

On

6 August 2009, the principal secretary of the Home Department,Government of Maharashtrain an

http://en.wikipedia.org/wiki/Ministry_of_Environment_and_Forests_(India)http://en.wikipedia.org/wiki/Ministry_of_Environment_and_Forests_(India)http://en.wikipedia.org/wiki/Ministry_of_Environment_and_Forests_(India)http://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-Ministry_of_Environment_and_Forests_Notification-24http://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-Ministry_of_Environment_and_Forests_Notification-24http://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-No_private_helipads_in_country:_Jairam_Ramesh-25http://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-No_private_helipads_in_country:_Jairam_Ramesh-25http://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-No_private_helipads_in_country:_Jairam_Ramesh-25http://en.wikipedia.org/wiki/Public_Interest_Litigationhttp://en.wikipedia.org/wiki/Public_Interest_Litigationhttp://en.wikipedia.org/wiki/Public_Interest_Litigationhttp://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-PIL_No_85_of_2007_and_affidavits_In_Mumbai_High_Court-26http://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-PIL_No_85_of_2007_and_affidavits_In_Mumbai_High_Court-26http://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-PIL_No_85_of_2007_and_affidavits_In_Mumbai_High_Court-26http://en.wikipedia.org/wiki/Bombay_High_Courthttp://en.wikipedia.org/wiki/Bombay_High_Courthttp://en.wikipedia.org/wiki/Bombay_High_Courthttp://en.wikipedia.org/wiki/Bombay_High_Courthttp://en.wikipedia.org/wiki/Ministry_of_Environment_and_Forests_(India)http://en.wikipedia.org/wiki/Ministry_of_Environment_and_Forests_(India)http://en.wikipedia.org/wiki/Ministry_of_Environment_and_Forests_(India)http://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-Religious_places_within_silence_zone_ambit:_Govt-27http://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-Religious_places_within_silence_zone_ambit:_Govt-27http://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-Religious_places_within_silence_zone_ambit:_Govt-27http://en.wikipedia.org/wiki/Government_of_Maharashtrahttp://en.wikipedia.org/wiki/Government_of_Maharashtrahttp://en.wikipedia.org/wiki/Government_of_Maharashtrahttp://en.wikipedia.org/wiki/Government_of_Maharashtrahttp://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-Religious_places_within_silence_zone_ambit:_Govt-27http://en.wikipedia.org/wiki/Ministry_of_Environment_and_Forests_(India)http://en.wikipedia.org/wiki/Bombay_High_Courthttp://en.wikipedia.org/wiki/Bombay_High_Courthttp://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-PIL_No_85_of_2007_and_affidavits_In_Mumbai_High_Court-26http://en.wikipedia.org/wiki/Public_Interest_Litigationhttp://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-No_private_helipads_in_country:_Jairam_Ramesh-25http://en.wikipedia.org/wiki/Awaaz_Foundation#cite_note-Ministry_of_Environment_and_Forests_Notification-24http://en.wikipedia.org/wiki/Ministry_of_Environment_and_Forests_(India)

7/29/2019 2law

3/21

affidavit told the court that about 1,313 religious places had been identified in the city of Mumbai and the

BMC would put up Silence zone boards within three months.

7/29/2019 2law

4/21

Health effects of pollution

Finally On 20 Aug 2009 principal secretary (appeals and security) Government of Maharashtra Mr.

Anna Dani filed an affidavit stating that a supplementary notification has been issued to include

all religious places in silence zone, and has been circulated to all civic bodies in the state

http://en.wikipedia.org/wiki/File:Health_effects_of_pollution.pnghttp://en.wikipedia.org/wiki/File:Health_effects_of_pollution.pnghttp://en.wikipedia.org/wiki/File:Health_effects_of_pollution.pnghttp://en.wikipedia.org/wiki/File:Health_effects_of_pollution.png

7/29/2019 2law

5/21

It was Foundations advocacy against noise pollution in India that mot ivated the Government of India tomake rules and implement them. Awaaz Foundation has successfully petitioned both local and stategovernments in India to impose stricter noise pollution laws. Under the new Environment Protection Act,in which the Noise Pollution Rules are framed, violation of the rules is punishable with a Jail term of up tofive years and fine of 100,000

7/29/2019 2law

6/21

3.

3..ARBTRATION AND CONCILLIATION ACT Section 7 in The Arbitration AndConciliation Act, 1996

7. Arbitration agreement.(1)In this Part,' arbitration agreement' means an agreement by the parties to submit toarbitration all or certain disputes which have arisen or which may arise between them inrespect of a defined legal relationship, whether contractual or not.(2)An arbitration agreement may be in the form of an arbitration clause in a contract or

in the form of a separate agreement.(3)An arbitration agreement shall be in writing.(4)An arbitration agreement is in writing if it is contained in-(a)a document signed by the parties;(b)an exchange of letters, telex, telegrams or other means of telecommunication whichprovide a record of the agreement; or(c)an exchange of statements of claim and defence in which the existence of theagreement is alleged by one party and not denied by the other.(5)The reference in a contract to a document containing an arbitration clauseconstitutes an arbitration agreement if the contract is in writing and the reference issuch as to make that arbitration clause part of the contract.

Why do cases go to arbitration?

Cases go to arbitration for one of two reasons.

http://www.indiankanoon.org/doc/961785/http://www.indiankanoon.org/doc/961785/http://www.indiankanoon.org/doc/1285367/http://www.indiankanoon.org/doc/1285367/http://www.indiankanoon.org/doc/871436/http://www.indiankanoon.org/doc/871436/http://www.indiankanoon.org/doc/1534152/http://www.indiankanoon.org/doc/1534152/http://www.indiankanoon.org/doc/749436/http://www.indiankanoon.org/doc/749436/http://www.indiankanoon.org/doc/1616495/http://www.indiankanoon.org/doc/1616495/http://www.indiankanoon.org/doc/603606/http://www.indiankanoon.org/doc/603606/http://www.indiankanoon.org/doc/153260/http://www.indiankanoon.org/doc/153260/http://www.indiankanoon.org/doc/153260/http://www.indiankanoon.org/doc/603606/http://www.indiankanoon.org/doc/1616495/http://www.indiankanoon.org/doc/749436/http://www.indiankanoon.org/doc/1534152/http://www.indiankanoon.org/doc/871436/http://www.indiankanoon.org/doc/1285367/http://www.indiankanoon.org/doc/961785/

7/29/2019 2law

7/21

Mandatory: Arbitration is required by law for some court cases. State law requires that somecases filed in state courts go to mandatory arbitration.

Voluntary: Parties may agree to arbitration before or after filing a court case, or may have acontract that requires them to arbitrate disputes.

Who is an arbitrator?

In mandatory arbitration, an arbitrator can be either a lawyer or a non-lawyer. The parties get to choosethe arbitrator. However, if they cannot agree, the court selects an arbitrator. Arbitrators are required totake an oath and follow the same ethical rules as a judge.

In mandatory arbitration, one arbitrator will hear a case alone. In voluntary arbitration, the parties maychoose whether there will be a single arbitrator or a panel of arbitrators. Typically, arbitration panelsinclude 3 arbitrators, although there may be more or less depending on the agreement between theparties.

What kind of cases go into arbitration?

Two kinds of cases go into arbitration under state law:

Some civil actions involving claims for damages or money, and

Some family law matters.

How does arbitration work?

After an arbitrator is chosen, he or she will make procedural decisions. If the parties do not agree whatevidence can be submitted, or other procedural questions, the arbitrator will decide those issues. Thearbitrator will tell the parties when documents are due and when hearings will be held. If one side asks forarbitration to be delayed to have more time to get ready, the arbitrator will decide whether the delay is fairto both sides.

In mandatory court arbitration, the case will usually have a hearing within 7 weeks after the arbitrator ischosen. An arbitrator should issue a decision within 20 days after the hearing is finished. In voluntaryarbitration, a contract or other agreement of the parties may set the timelines.

Before the hearing, each party must give the arbitrator and the other side a list of witnesses who willtestify at the arbitration hearing and a description of any evidence the party will present. Each party mustalso give the other side contact information for all witnesses and documents and let the other side seeand copy any documents they plan to use as evidence before the hearing.

Arbitration hearings are not usually recorded by a court reporter or on a tape. If one party wants arecording of the arbitration, they will have to pay for it.

WitnessesAt the hearing, witnesses are sworn in, just like in court. Then, the parties or their lawyers can askquestions and introduce evidence. The arbitrator may ask the witnesses questions. Sometimes thearbitrator will accept written statements from witnesses instead of having those people appear in personat the arbitration.

Other evidenceThe arbitrator may accept other evidence from the parties or their lawyers. If the arbitrator thinkssomething important is missing, he or she may schedule another hearing or ask the parties or theirlawyers to submit other evidence after the hearing.

7/29/2019 2law

8/21

Talking to the arbitratorLike a judge, the arbitrator cannot talk to one side about the case without the other side there. There aresome exceptions, like if the other side agrees that it is okay for the arbitrator to talk to you, or if the otherside does not show up to a hearing.

No one can tell the arbitrator about any offers to settle the case unless all of the parties agree.

Can an arbitrators decision be appealed?

In most mandatory arbitration cases, the parties accept the arbitrators decision or they agree to settle thecase. If a party wants to appeal the arbitrator's decision, the case may go back to court for a judge or juryto decide. An appeal must be filed within 20 days after the arbitration award is filed

CASE LAW: A and B AGREES to go in for an arbitration proceedings in case a dispute arises in

future,in contract.however later B refuses to agree to the arbitration when a dispute arises and

approaches the court.check whether B has right to do so.

"8. Power to refer parties to arbitration where there is an arbitration agreement.- (1)

A Judicial authority before which an action is brought in a matter which is the subject of

anarbitration agreement shall, if a party so applies not later than when submitting his

first statement on the substance of the dispute, refer the parties toarbitration.

(2) The application referred to in sub-section (1) shall not be entertained unless it is

accompanied by the original arbitration agreement or a duly certified copy thereof.

(3) Notwithstanding that an application has been made under sub-section (1) and that

the issue is pending before the judicial authority, an arbitration may be commenced or

continued and an arbitral award made.

13 A bare reading of the above section and in particular the words "if a

party so applies not later than when submitting his first statement on the 9

substance of the dispute", would indicate that unless the parties makes an

application to refer the matter to arbitration and further that the said

application is made before

judicial authority will not automatically or mechanically

refer the parties to arbitration.14 In the case of P. Anand Gajpathi Raju and others (Supra) cited by

the Counsel for the plaintiff, the Apex Court observed in para 5 as under:-

"5. The conditions which are required to be satisfied under sub-sections (1) and (2)

ofSection8before the Court can exercise its powers are:

(1) there is an arbitration agreement;

7/29/2019 2law

9/21

(2) a party to the agreement brings an action in the Court against other party

(3) subject-matter of the action is the same as the subject matter of

the arbitration agreement;

(4) the other party moves the court for referring the parties to arbitration before it

submits his first statement on the substance of the dispute.

............."

15 In the case of Sukanya Holdings (P) Ltd. V. Jayesh Pandya and

another, reported in (2003) 5 SCC 531, the Hon'ble Supreme Court in para

12 held as under:-

"For interpretation ofSection8, Section 5 would have no bearing because it only

contemplates that in the matters governed by Part I of theAct, the judicial authority

shall not 10

intervene except where so provided

case where parties to the arbitration agreement do not take appropriate steps as

contemplated under sub-sections (1) and (2) ofSection8 of theAct."

4.LAW AND JUDICIARY IN INDIA.

RELATING TO PROPERTY//WILL-TESTAMANTORY

SUCCESSION//INSURANCE CLAIM

CIVIL LAW (LAW OF TORTS) AND CRIMINAL LAW..(CRIMINAL JURISPRUDENCE)

DEFAMATION ALL OFFENCE UNDER INDIAN PENAL CODE

TRESPASS LIKE MURDER, CULPABLE HOMICIDE NOT AMT TO MURDER

NEGLIGENCE RAPE/ OFFENCES RELATED TO MARRIAGE

BATTERY/ASSAULT/MAYHEM (498 A..DOWRY)DIVA :DOMESTIC VIOLENCE ACT ETC

CASELAW: TRANSFER OF PROPERTY///INSURANCE CLAIMS TO LEGAL HEIRS.

TESTAMANTORY SUCCESSION: When property is transmitted as per the intention of a person

according to his WILL ,after his death IT IS TESTAMANTORY SUCCESION.

INTESTATE SUCCESION: The property of a deceased transmits as per THE PERSONAL LAW, HE

BELONGS TO IN CASE HE DIES WITHOUT MAKING A WILL.

7/29/2019 2law

10/21

WILL is the document In writing by the Testator regarding the INTENTION TO transfer

his property (MOVABLE/IMMOVABLE) to legal heirs or to any LEGATEE mentioned therin.an

administrator is appointed in the WILL to make the WILL take EFFECT after the death of the

TESTATOR(PERSON WHO MAKES THE WILL IN PRESENCE OF 2 WITNESS).THE executor of the will

mentioned in it APPLIES TO COURT FOR A PROBATE CERTIFICATE and once the COURT ISSUES THE

PROBATE CERTIFICATE THE PROPERTY GETS TRANSFERRED TO THE LEGATEES MENTIONED IN THE

WILL.(HERE COURT IS THE HIGH COURT.)

LATEST AMENDMENT TO FAMILY LAW REGARDING PROPERTY AND MAINTENANCE:

A LIVING RELATIONSHIP TREATED AS MARITAL RELATIONSHIP AS A SPOUSE.where either party can

claim to MATRIMONIAL PROPERTY RIGHT Inheritance rights,maintenance rights and even ALIMONY-

PENDENTE-LITE( ALIMONY PENDING LITIGATION)

(the act states that either party shouldnt be married at the time of the LIVING IN STATUS)

CASE LAW REGARDING INSURANCE CLAIMS/PROPERTY RIGHTS.

A metropolitan court on Wednesday asked family members OF AN ACTOR X.. to appear before it in connection witha complaint filed against them by a woman claiming to be his live-in partner and seeking maintenance from the estate

of the late actor.

Magistrate S S Deshpande, hearing the complaint filed by MS P, under the provisions of the Domestic Violence Act,suggested both the sides to settle the matter amicably and said if they agree he would refer the case to a mediatorthe same day.

The court asked actress wife D, daughters T and R and son-in-law A to appear before him "without fail" onDecember 4 to give their views on arriving at a settlement, if they so desired.

The magistrate further said that if the parties did not agree to a settlement, he would hear the matter and dispose it ofin a month.

In her petition, P has accused X S family of having evicted her from his bungalow, thereby attracting provisions ofthe Domestic Violence Act.

P has prayed that she be granted protection under the Domestic Violence Act, allowed access to 'Ashirwad', theactor's bungalow in Bandra where she claimed to have lived with HIM since 2003.

In her petition, she has alleged that after X passed away in July this year, his family members evicted her therebycommitting an offence under the Domestic Violence Act.

Advani has also challenged the will purported to have been executed by the actor before his death. According to her,he had not left behind any will and that a will was forged by his family. She has alleged that the actor's family hadobtained his thumb impression on the will when he was critically ill and not capable of understanding anything.

The complainant has claimed monetary relief in the form of maintenance from the estate of Rajesh Khanna.

Advani claimed that she lived with the actor in the "shared household" (defined under the Domestic Violence Act as aplace where a man and woman live as husband and wife)and hence was entitled to maintenance to support herself.

HC stays domestic violence case againDECEASED

ACTORS family

7/29/2019 2law

11/21

HOWEVER THE HONBLE HIGH COURT stayed till December 17 the proceedings in a case of domestic

violence against family members of Rajesh Khanna by a woman claiming to have been in a live-in

relationship with the late superstar. The proceedings in a Metropolitan Magistrate's Court at

suburban

Justice K U Chandiwal, who issued notice to Anita Advani, the lady who claimed to havelooked after the actor in the last few years of his life as a wife would do.

The court was hearing a petition filed by Khanna's actress wife Dimple and actor son-in-law

Akshay Kumar challenging the processes started by the magistrate against them and other

family members. Twinkle and Rinki, Khanna's daughters, are also in the process of filing

similar petitions.

Advani, in her complaint against Dimple and others, has claimed she was driven out of

Khanna's Bandra bungalow 'Ashirwad' after his death and sought maintenance from the

actor's estate.

On the other hand, Dimple contended that she was the legally wedded wife of Khanna and

as such no other woman can claim share in the wealth left behind by her husband.

The Magistrate, Dimple argued, should not have entertained the complaint which has made

"baseless" charges.

She contended that it was "unreasonable" for the Magistrate to even suggest that she and

her family go in for a compromise with the complainant in which case he would refer the

matter for mediation.

The Magistrate, while hearing Advani's complaint, had earlier last week issued summonses

to Dimple, her daughters Twinkle Kumar and Rinki Saran and son-in-law Akshay Kumar

asking them to appear in person before the court to answer the allegations, which besides

domestic violence includes forging Khanna's will.

Akshay Kumar supported Dimple's contention that Advani had no right to claim any share

from Khanna's properties which is said to be to the tune ofRs. 500 crores

THE HONBLE HIGH COURT HAS Also DISCHARGED ALL THE CASES REGARDING

CONCEALING OF REAL INCOME FROM KNOWN SOURCES OF INCOME UNDER THE

INCOME TAX ACT pertaining to the DECEASED ACT AS THE RESPONDENT HAS PASSEDAWAY.

7/29/2019 2law

12/21

5. INCOME TAX ACT: CERTAIN IMPORTANT ASPECTS OF CALCULATION OF TAX.

What is salary and what does salary include?Salary is the remuneration received by or accruing to an individual, periodically, for service rendered as aresult of an express or implied contract. The actual receipt of salary in the previous year is not material as

far as its taxability is concerned. The existence of employer-employee relationship is the sine-qua-non fortaxing a particular receipt under the head salaries. For instance, the salary received by a partner fromhis partnership firm carrying on a business is not chargeable as Salaries but as Profits & Gains fromBusiness or Profession. Similarly, salary received by a person as MP or MLA is taxable as Income fromother sources, but if a person received salary as Minister of State/ Central Government, the same shallbe charged to tax under the head Salaries. Pension received by an assessee from his former employeris taxable as Salaries whereas pension received on his death by members of his family (FamilyPension) is taxed as Income from other sources.WHAT DOES SALARY INCLUDE

Section 17(1) of the Income tax Act gives an inclusive and not exhaustive definition of Salaries includingtherein (i) Wages (ii) Annuity or pension (iii) Gratuity (iv) Fees, Commission, perquisites or profits in lieu ofsalary (v) Advance of Salary (vi) Amount transferred from unrecognized provident fund to recognizedprovident fund (vii) Contribution of employer to a Recognised Provident Fund in excess of the prescribed

limit (viii) Leave Encashment (ix) Compensation as a result of variation in Service contract etc. (x)Contribution made by the Central.

Some instances of perquisites exempt from tax are given below:Provision of medical facilities (Provision to Sec. 17(2)): Value of medical treatment in any hospitalmaintained by the Government or any local authority or approved by the Chief Commissioner of Income-tax. Besides, any sum paid by the employer towards medical reimbursement other than as discussedabove is exempt upto Rs.15,000/-.Perquisites allowed outside India by the Government to a citizen of India for rendering services outsideIndia (Sec. 10(7)).Rent free official residence provided to a Judge of High Court or Supreme Court or an Official ofParliament, Union Minister or Leader of Opposition in Parliament. No perquisite shall arise if interest free/concessional loans are made available for medical treatment ofspecified diseases in Rule 3A or where the loan is petty not exceeding in the aggregate Rs.20,000/-Noperquisite shall arise in relation to expenses on telephones including a mobile phone incurred on behalf ofthe employee by the employer. Source: Income Tax DepartmentSome instances of perquisites exempt from tax are given below:Provision of medical facilities (Provision to Sec. 17(2)): Value of medical treatment in any hospitalmaintained by the Government or any local authority or approved by the Chief Commissioner of Income-tax. Besides, any sum paid by the employer towards medical reimbursement other than as discussedabove is exempt upto Rs.15,000/-.Perquisites allowed outside India by the Government to a citizen of India for rendering services outsideIndia (Sec. 10(7)).Rent free official residence provided to a Judge of High Court or Supreme Court or an Official ofParliament, Union Minister or Leader of Opposition in Parliament. No perquisite shall arise if interest free/concessional loans are made available for medical treatment of

specified diseases in Rule 3A or where the loan is petty not exceeding in the aggregate Rs.20,000/-Noperquisite shall arise in relation to expenses on telephones including a mobile phone incurred on behalf ofthe employee by the employer.

What are allowances and which allowances areexempt?

http://www.moneycontrol.com/tax/salaries/what-is-salarywhat-does-salary-include_622819.htmlhttp://www.moneycontrol.com/tax/salaries/what-is-salarywhat-does-salary-include_622819.htmlhttp://www.moneycontrol.com/tax/salaries/what-is-salarywhat-does-salary-include_622819.html

7/29/2019 2law

13/21

Allowance is defined as a fixed quantity of money or other substance given regularly in addition to salaryfor meeting specific requirements of the employees. As a general rule, all allowances are to be includedin the total income unless specifically exempted. Exemption in respect of following allowances isallowable to the exent mentioned against each :-House Rent Allowance:- Provided that expenditure on rent is actually incurred, exemption available shallbe the least of the following :(i) HRA received.(ii) Rent paid less 10% of salary.(iii) 40% of Salary (50% in case of Mumbai, Chennai, Kolkata, Delhi) Salary here means Basic +Dearness Allowance, if dearness allowance is provided by the terms of employment. Leave Travel Allowance: The amount actually incurred on performance of travel on leave to any

place in India by the shortest route to that place is exempt. This is subject to a maximum of the aireconomy fare or AC 1st Class fare (if journey is performed by mode other than air) by such route,provided that the exemption shall be available only in respect of two journeys performed in a block of 4calendar years.Certain allowances given by the employer to the employee are exempt u/s 10(14). All these exemptallowance are detailed in Rule 2BB of Income-tax Rules and are briefly given below:For the purpose of Section 10(14)(i), following allowances are exempt, subject to actual expensesincurred:

(i) Allowance granted to meet cost of travel on tour or on transfer.(ii) Allowance granted on tour or journey in connection with transfer to meet the daily charges incurred bythe employee.(iii) Allowance granted to meet conveyance expenses incurred in performance of duty, provided no freeconveyance is provided.(iv) Allowance granted to meet expenses incurred on a helper engaged for performance of official duty.(v) Academic, research or training allowance granted in educational or research institutions. (vi) Allowance granted to meet expenditure on purchase/ maintenance of uniform for performance ofofficial duty.Under Section 10(14)(ii), the following allowances have been prescribed as ex

What are perquisites?Perquisite may be defined as any casual emolument or benefit attached to an office or position in

addition to salary or wages.Perquisite is defined in the section17(2) of the Income tax Act as including:(i) Value of rent-free/concessional rent accommodation provided by the employer. (ii) Any sum paid by employer in respect of an obligation which was actually payable by the assessee. (iii) Value of any benefit/amenity granted free or at concessional rate to specified employees etc. (iv) The value of any specified security or sweat equity shares allotted or transferred, directly or indirectly,by the employer, or former employer, free of cost or at concessional rate to the assesssee. (v) The amount of any contribution to an approved superannuation fund by the exployer in respect of theassessee, to the extent it exceeds one lakh rupees; and (vi) the value of any other fringe benefit or amenity as may be prescribed. Source: Income Tax Department

What is salary and what does salary include?

What are perquisites?Perquisite may be defined as any casual emolument or benefit attached to an office or position inaddition to salary or wages.Perquisite is defined in the section17(2) of the Income tax Act as including:(i) Value of rent-free/concessional rent accommodation provided by the employer. (ii) Any sum paid by employer in respect of an obligation which was actually payable by the assessee. (iii) Value of any benefit/amenity granted free or at concessional rate to specified employees etc. (iv) The value of any specified security or sweat equity shares allotted or transferred, directly or indirectly,by the employer, or former employer, free of cost or at concessional rate to the assesssee.

http://www.moneycontrol.com/tax/salaries/what-is-salarywhat-does-salary-include_622819.htmlhttp://www.moneycontrol.com/tax/salaries/what-is-salarywhat-does-salary-include_622819.htmlhttp://www.moneycontrol.com/tax/salaries/what-is-salarywhat-does-salary-include_622819.html

7/29/2019 2law

14/21

(v) The amount of any contribution to an approved superannuation fund by the exployer in respect of theassessee, to the extent it exceeds one lakh rupees; and (vi) the value of any other fringe benefit or amenity as may be prescribed. After reading above rules OF INCOME TAX Analyse certain income whether applicable under theIACT

6 COMPANY LAW.INCORPORATION OF COMPANYIPL.CST.INDEPENDENT LEGAL STATUSPERPETUAL SUCCESIONLIMITED LIABILITY

CAN SUE AND BE SUEDCOMMON SEALSEPARATE PROPERTY CAN OWNLIMITED LIABILITYMANAGED BY PROFESSIONALS

DISADVANTAGES

LIFTING OF CORPORATE VIEL:COURT LIFTSCORPORATE VIEL

1. TO CHECK WHETHER ENEMY CHARACTER2.TO CHECK EVASION OF TAXES3.TO CHECK WHETHR FORMED FOR FRAUD4 TO CHECK WHETHER COMPANY IS SHAM5.TO CHECK WHETHER COMPANY IS AN

AGENT.

7/29/2019 2law

15/21

DIM/DOCTRINE OF INDOOR MGT>ROYALBRITISH BANK V.S TURQUAND( DIRECTOR

ULTRA VIRES ACT NOT RATIFIED IN SM)COURT PROTECTS INSIDERDCN: COURT CONSTRUES THAT INVESTORS

ARE AWARE OF THE CONTENTS OF THEDOCUMENTS WHICH ARE PUBLIC DOCMOAAOA..PROSPECTUS).COURT PROTECT INSIDER ..COMPANY FROMTHE OUTSIDER.

DERRY V./S PEEKMISSTATEMENT IN PROSPECTUS..

use of steam power with permission of board of

trade..but refused permission..held that co,,neeednot pay damages.and it was nt DECIET EITHER SONO DAMAGES IN DECIET.

Winding up of company:1..compulsory winding up by court.2.voluntary winding up..by MEMBERS.

.BY CREDITORS3. WINDING up under supervision of court.Compulsory winding up:

7/29/2019 2law

16/21

SM///SR///CB//ID//JE

*FAILURE TO HOLD STATUTORY MEETING

*BYSPECIAL RESOLUTION*FAILURE TO COMMENCE BUSINESS WITHINONE YEAR OF INCORPORATION*INABILITY TO PAY DEBTS*JUST AND EQUITABLE CLAUSE.DEADLOCKLOSSESLOSS OF SUBSTRATUM (OBJECT FAILED)FRAUD

CERTAIN ASPECTS OFMISMANAGEMENT/OPPRESSION OFMINORITY/PAPI (WHEN AFFAIRS OF COMPANY

UNDERTAKEN PREJUDICIAL TO PUBLICINTEREST)FOSS V/S HARBOTTLEINVESTIGATIONS//WHILE WINDING UPPROCEDURE..OFFICIAL LIQUDATOR

APPOINTED// CONTRIBUTORIES to contribute andfinally winding up..reported to the court.

CONTRACT LAW:VALID////VOIDCONTRACTS::MUD..MINOR//UNSOUNDMIND///DISCHARGED AN INSOLVENT

7/29/2019 2law

17/21

CONSIDERTION SHOULD NOT BE PAPI(PREJUDICAL AND AFFECTING PUBLICINTEREST)

WAGERING CONTRACT..ROTRESTRAINT OF TRADROMRESTRAINT OF MARRIAGEROLRESTRAINT OF LEGAL PROCEEDINGS

ALL ARE VOID CONTRACT//NOT ENFORCEABLEIN COURT..OF LAW..REMEDIES OF BREACH OF CONTRACT:

SUIT FOR DAMAGES.SUIT FOR INJUNCTIONSUIT FOR SPECIFIC PERFORMANCE OF CONTRACT UNDRSRA..SPECIFIC RELEIF ACT.

HOCHESTOR V/SDE LA TOUR/ ANTICIPATORY BREACHBUDHAPRASAD V/S RUNGTA(KHED OPERATION..ELEPHANTBOOKED BUT BEFORE DATE REFUSED TO DELIVER

..DELIVERED LATER BUT REFUSE TO ACCEPTCONTRACT..SUIT FOR DAMAGES ON BREACH..HELD NOT

APPLICABLE AS TIME WAS ESSENCE OF CONTRACTUNDER SEC 55 OF INDIAN CONTRACT ACT.

SEC 56KRELL V.S HENRY..IMPOSSIBILITY::FRUSTRATION..(KINGS CORONATIONCEREONYVIEW..HALL BOOKEDKING SICK..HENRY NOTT NEEDED TO PAY FURTHER RENT as the contract failed dueto Frustration//SUBSEQUENT IMPOSSIBLITY..)

CONTINGENT CONTRACT;:HAPPENING OR NONHAPPENING OF AN EVENTQUASI CONTRACT;;AGT RESEMBLING CONTRACT

7/29/2019 2law

18/21

**NECCESARIES TO MINOR*PAYMENT BY INTERESTED PERSON*FINDER OF GOODS

*GRATITIOUS RECD BENEFIT.

CONTRACTS;;BAILMENT//PLEDGE..//MORTGAGE

DISCHARGE OF CONTRACTDEATHPERFORMANCEPART PERFORMANCE

BREACH OF CONTRACT.NEGOTIABLE INSTRUMENT ACT///RBISEC 138 CHEQUE BOUNCING..CASES(CRIMINAL AS WELL AS CIVIL CASE)DIFF TYPES OF BE AND DEFNBOECHEQUEBILL OF LADINGRESERVE BANK OF INDIABANKERS BANKBANKER TO GOVTLENDER OF LAST RESORTREFINANCECURRENCY MANAGEMENTMONETARY POLICY,,(CRR..SLRBRATE..)SUPERVISION OF BANKS(CAMELS)

OSMOSONSITESURVELLIANCE(CAMELS..CAPITAL..ASSET..MANAGEMENT..LIQUIDITYSYSTEMS..(NETWORKING))OFFSITE SURVEILANCE..(REPORTS///RETURNS///CIRCULARS//ETC)

7/29/2019 2law

19/21

FEMA:;FORIENG EXCHANGE CONTROL ANDMANAGEMENT..DEPT..RBI..DBODDEPT OF BANKING OPERN

DADDEPOSIT ACT.DEPTDESACS..DEPT OF STATISTICAL ANALYSISDEAP..DEPT OF ECONOMIC ANALYSES AND POLICYMPD///CPCMONITORY POLICY DEPT(CREDIT PLANINGCELL EARLIER)IDM:INTERNAL DEBT MANAGEMENT CELLECD..EXCHANGE CONTROL DEPT.DAPM///HRDDEPT OF PERSONNEL MANAGEMENT

RPCD..RURAL PLANNING AND CREDIT DEPT.UBD;;;URBAN BANK DEPT..DCM>>DEPT..OF CURRENCY MANAGEMENTPADPUBLIC ACCOUNTS DEPT.

ALL the above dept .of the RESERVE BANK OF INDIACOORDIANTE and our INDIAN FINANCIAL SYSTEM ISMANAGED IN COORDINATION WITH THE FINANCE MINISTRY

AND THE GOVERNOR OF RBI ALONG WITH 4 DG AND 8EXECUTIVE DIRECTORSTHANK.UPROF ADV.HEMA SHIRODKAR..

7/29/2019 2law

20/21

Quorum refers to the minimum number of members who must be present at a meeting in

order to constitute a valid meeting. A meeting without the minimum quorum is invalid and

decisions taken at such a meeting are not binding. The articles of a company may provide

for a quorum without which a meeting will be construed to be invalid. As per Section 174 of

the Companies Act 1956, unless the articles of a company provide for larger quorum, 5

members personally present (not by proxy) in the case of a public company and 2 memberspersonally present (not by proxy) in the case of a private company shall be the quorum for a

general meeting of a company.

An authorised agent for many companies present in AGM shall have to be construed as a

single member for the purpose of quorum.

Section 175. Chairman of meeting. (1) Unless the articles of the company otherwise

provide, the members personally present at the meeting shall elect one of themselves to be

the chairman thereof on a show of hands. Even selection of chairman a meeting to be made

by members personally present at the meeting .

We have to make a harmonious reading of both the section 174 & Section 175 of the

Companies Act 1956, members personally present shall be a valid quorum for a meeting.

Whether Authorised representative of many corporation has to be considered to be

present in person for such companies ?

There is no wrong when a single individual being the nominee or authorised agent for three

members. But , the issue is , if he alone present in the AGM or EGM , then it will not be aproper quorum. If two members or fives members personally present along with the proxy

holder , then it would be a valid quorum.

If that individual is also member of the company and acts as a proxy for other three

shareholders , then one additional member or four present in person in case of pvt ltd or

public company respectively , shall be a valid quorum for the meeting.

There is no legal bar for an individual to act as a proxy for 100 other members and he can

represent them as their proxy in the meeting . However , such individual cannot be

construed as 100 members personally present in the meeting for the purpose of quorum.In Kelantan Coconut Estates Ltd where the verdict was given in 1920 did speak about the

authorised representatives of corporates should be treated individual members present in

the meeting for the purpose of quorum.

7/29/2019 2law

21/21

DECIDE IF 15 MEMBERS ..AND ONLYSOME PRESENT WHETHER QUROM VALID.

CHEQUE BOUNCINGPUNISHMENT 138 NEGOTIABLE

INSTURMENTS ACT

LAIBILITY OF DRAWER..IN CASE OF CHEQUE BOUNCEIF INCOMPLETE DETAILS IN CHQUE AMOUNTS TO ILLEGALITY IF BOUNCED