...1. Scope It is now fairly well-settled that no person can sue on a negotiable instrument unless he is named therein as the payee or unless he becomes entitled to it as indorsee or becomes the bearer of an instrument payable to bearer. In the Full Bench case reported in Subba Narayana Vathiyar v. Ramaswami Aiyar,1 it has been held that in a suit on a negotiable instrument by the payee or indorsee, it is not open to the defendant to plead that the plaintiff is a mere benamidar not entitled to payment with a view to show that the note has been discharged by payment to real owner. Again in the Full Bench decision of the Patna High Court in Bacha Prasad v. Janaki,2 it has been held that a person who is not a holder of a negotiable instrument cannot maintain a suit for recovery of money due under it even though holder is admittedly the benamidar and is impleaded in the suit. In the said decision, it has also been held that "a beneficiary cannot be called a holder of the instrument and payment to him cannot discharge the maker thereof unless the case falls under section 82(c) of the Act". So also, it has been held in the decision reported in Subharaya v. Abiram,3 that a beneficiary does not become a holder of the instrument even upon getting a declaration that he is the beneficial owner and the payee is only a benamidar. In this connection it has to be noted that Allahabad and Rajasthan High Courts have taken a slightly different view and held that in certain cases a beneficiary may...
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...Bombay High Court 1 1862 - 2012 A Journey of 150 Years through some Memorable Judgments Part 1 2 PREFACE A tiny kernel of an idea planted by Justice Mridula Bhatkar took root, and has resulted in a humble effort to present before you a compendium of the crux of some of the judgments of the Judges who have served the Bombay High Court since its inception in 1862.1 The initial idea was to document one judgment of the First Court from each year which was modified to include a judgment of the Bombay High Court of each year. I soon realized that it was too expansive an idea to merit a single judgment a year. I could collect and collate, as many as ten judgments which would qualify to show the development of the law we desired to portray. Having found too vast a number of such judgments, I had to settle at a more reasonable figure of about five judgments each year to showcase the progress this Court has made from its illustrious beginnings. Our Chief Justice Mohit Shah and our Justice Chandrachud wholeheartedly supported the idea to complement the Book published on this the sesquicentennial of our Court. As the number of Judges grew, fewer judgments of each Judge would be selected as illustrations. These judgments are not the only path-finding groundbreaking ones; they are also ones with simplicity and legal elegance. The number of judgments we settled upon just would not permit all deserving judgments to be compiled; only a few have been picked from each year as the first in...
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...CONSENT-COMPARISON BETWEEN ENGLISH AND INDIAN LAW 1|Page Table of Contends Introduction………………………………………………………4 Coercion…………………………………………………………..5 Undue Influence………………………………………………….9 Fraud……………………………………………………………..16 Misrepresentation……………………………………………….24 Mistake…………………………………………………………...31 Conclusion……………………………………………………….35 Bibliography……………………………………………………..36 2|Page Introduction Consent can defined as the meeting up of two minds. It well defined principle in common as well as in Indian Law. Section 13 of the Indian Contract Act, 1872 clearly defines consent which says that: Two or more persons are said to consent when they agree upon the same thing in the same sense. For example a customer buys a food processor because the retailer has claimed that the product was made in France but actually the product was made in Taiwan or an instance where a patient signed a contract to pay large sum of money to a doctor for immediate surgery which was actually unnecessary. In all the cases the offer was accepted leading to formation of an agreement and even there was a meeting of minds. However the consent of the person has been manipulated. If it were not the misrepresentation or undue influence the person should not have signed the agreement. It would be unjust if the contract was not set aside. S.10 of the Indian Contract Act says that: All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration...
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...NTL Version 12/2012 A P P LI CA T I ON F OR N O T I M E LI M I T ( N T L ) A N D A BI OMETRI C I M M I G RAT ION D OC U ME N T BY SOME O NE W HO AL R EA D Y H A S I NDE F I NI T E L EA VE TO EN T E R O R RE M AIN IN T H E U K In accordance with paragraph 34 of the Immigration Rules, this form is specified for the purpose of the Immigration Rules as of 13 December 2012 and must be used for all applications made on or after that date for the purpose stated on this page. You also need the separate guidance documents listed below, which you should read before making your application: NTL guidance notes (version 10/2012) UKBA photograph guidance (version 04/2009) Application for No Time Limit NTL by someone who already has indefinite leave to enter or remain in the UK. Biometric immigration document (Biometric Residence Permit (BRP)) If you do not already have these documents, you can get them from our website at www.ukba.homeoffice.gov.uk Our application forms change periodically. If you obtain this form some time before applying, please check that it is still the the version which must be used when you are ready to apply. Applications on this form may be made by post or in person at one of our Public Enquiry Offices. To apply in person, you must make an appointment. If you apply by post, you must send your application to the following address: UK Border Agency Leave to Remain - NTL PO Box 502 Durham DH99 1WG This form is valid only for applications made on or after...
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...LABOUR LAW 11 PROJECT ON : LABOUR REGULATIONS RELATING TO COMPENSATION AND INSURANCE SUBMITTED BY- RAO VISHWAJA 201285 SEMESTER V TABLE OF CASES 1. Cricket Club of India v ESIC 2. ESIC v Ramdas Reddiar 3. ESIC v RK Swami 4. ESIC v Trichy District Milk Cooperative Society 5. Hyderabad Asbestos v ESIC 6. Punjab National Bank v Astamija Dash 7. RB Moondra v Smt Bhanwari 8. Reid Cooperative Timber Works Ltd v ESIC 9. Ram Bahadur Thakur v Chief Inspector of Plantations 10. Satya Sharma v ESIC 11. Smt Koduri v Polongi Atehmuna 12. State v Ram Prasad 13. Trustees Port of Bombay v Yamunabai TABLE OF STATUTES 1. The Constitution of India 2. The Employee’s Compensation Act,1923 3. The Employee’s State Insurance Act, 1948 4. The Maternity Benefit Act, 1961 Contents INTRODUCTION 5 THE EMPLOYEE’S COMPENSATION ACT, 1923 6 EMPLOYEES STATE INSURANCE ACT,1948 14 MATERNITY BENEFIT ACT,1961 17 CONCLUSION 18 BIBLIOGRAPHY 19 INTRODUCTION There are two major Acts relating to compensation and insurance. They are Employee’s Compensation Act,1923 and Employees State Insurance Act,1948. The project will contain an overview of both the acts in detail with respect...
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...MANAGEMENT CONTROL SYSTEMS Performance Measurement, Evaluation and Incentives Second Edition Kenneth A, Merchant University of Southern California Wim A. Van der Stede London School of Economics Lffir Prentice Hall FINANCIAL Th,tES An impriil of P Harlow, England . London ' eatson Education New York . Boston . san Francisco . Toronlo Sydney. Tokyo . Singapore. Hong Kong .Seoul. Taipei. New Delhi Cape Town . Madrid . Mexico City . Amsterdam ' Munich . Paris. Mian "@@64wrw MANAGEMENT AND CONTROL in organizations. Management contlol \ fianagemenr conrrol is a critical function o In Aplil 2005, employees at the 75-year-old California-based not-for'-proirt Gemological Institute of America (GIA), the world's largest grader of diamonds, were accused of accepting bribes fi'om large diamond dealers to inflate diarnond grades. Large diamond can lead to large financial losses, r'eputation damage, and possibly even to organizational failure. Here are some recent examples: IYlfaitures dealers rvouid submit proportionally high bids, often 20 to 30qa highel than prevailing bids fol lough stones. knowing that they would be able to sell these stones at a profit because they bribed GIA staff to get a higher-than-deserved grade. A small differ-ence in grade can mean a huge difference in price, often hundreds of thousands of dollars on larger diamonds. The size of the blibes is unknown, but the probe into the allegations...
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...MEANING, CHARACTERISTICS AND TYPES OF A COMPANY INTRODUCTION Industrial has revolution led to the emergence of large scale business organizations. These organization require big investments and the risk involved is very high. Limited resources and unlimited liability of partners are two important limitations of partnerships of partnerships in undertaking big business. Joint Stock Company form of business organization has become extremely popular as it provides a solution to overcome the limitations of partnership business. The Multinational companies like Coca-Cola and, General Motors have their investors and customers spread throughout the world. The giant Indian Companies may include the names like Reliance, Talco Bajaj Auto, Infosys Technologies, Hindustan Lever Ltd., Ranbaxy Laboratories Ltd., and Larsen and Tubro etc. 1.2 MEANING OF COMPANY Section 3 (1) (i) of the Companies Act, 1956 defines a company as “a company formed and registered under this Act or an existing company”. Section 3(1) (ii) Of the act states that “an existing company means a company formed and registered under any of the previous companies laws”. This definition does not reveal the distinctive characteristics of a company . According to Chief Justice Marshall of USA, “A company is a person, artificial, invisible, intangible, and existing only in the contemplation of the law. Being a mere creature of law, it possesses only those properties which the character of its creation of its creation confers...
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...LESSON : 1 MEANING, CHARACTERISTICS AND TYPES OF A COMPANY STRUCTURE 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.0 Objective Introduction Meaning of Company Characteristics of a Company Distinction between Company and Partnership Types of Company Summary Keywords Self Assessment Questions Suggested Readings OBJECTIVE After reading this lesson, you should be able to: (a) (b) (c) 1.1 Define a company and explain its features. Make a distribution between company and partnership firm. Explain the various types of companies. INTRODUCTION Industrial has revolution led to the emergence of large scale business organizations. These organization require big investments and the risk involved is very high. Limited resources and unlimited liability of partners are two important limitations of partnerships of partnerships in undertaking big business. Joint Stock Company form of business organization has become extremely popular as it provides a solution to (1) overcome the limitations of partnership business. The Multinational companies like Coca-Cola and, General Motors have their investors and customers spread throughout the world. The giant Indian Companies may include the names like Reliance, Talco Bajaj Auto, Infosys Technologies, Hindustan Lever Ltd., Ranbaxy Laboratories Ltd., and Larsen and Tubro etc. 1.2 MEANING OF COMPANY Section 3 (1) (i) of the Companies Act, 1956 defines a company as “a company formed and registered under this Act or an existing company”. Section 3(1) (ii)...
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...SCHEME OF EXAMINATION & DETAILED SYLLABUS for BA LLB Five Year Integrated Course (w.e.f. 2008 – 2009) UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES Guru Gobind Singh Indraprastha University Kashmere Gate, Delhi – 110403 (With effect from the Academic Session 2008-2009) 1 FIVE-YEAR LAW COURSE BA LLB (H) PROGRAMME w.e.f. Academic Session 2008 – 2009 FIRST YEAR First Semester Paper Code LLB 101 BA LLB 103 BA LLB 105 LLB 107 LLB 111 BA LLB 113 BA LLB 115 SUBJECTS Legal Method History-I (Indian History) Political Science-I Law of Contract – I English and Legal Language Sociology-I (Introduction to Sociology) Economics-I (Microeconomic Analysis) Total Second Semester L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 102 BA LLB 104 LLB 110 LLB 112 SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 History – II (Legal History) Political Science – II Law of Contract – II Techniques of Communication, Client Interviewing and Counselling BA LLB 114 Environmental Studies BA LLB 116 Sociology-II (Indian Society) BA LLB 118 Economics – II (Macroeconomic Analysis) Total (With effect from the Academic Session 2008-2009) 2 SECOND YEAR Third Semester SUBJECTS L 4 4 4 4 4 4 4 28 Credit 4 4 4 4 4 4 4 28 Paper Code LLB 201 LLB 203 LLB 205 LLB 207 LLB 209 BA LLB 213 Business Law Family Law – I Constitutional Law – I Law of Crimes – I Advocacy Skills History – III (History of Modern Europe: 1740-1947) BA LLB 215 Political Science – III Total ...
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...25 October 2010 The Manager Company Announcements Office Australian Stock Exchange Limited PO Box H224 Australia Square SYDNEY NSW 2000 Dear Sir/Madam 2010 ANNUAL REPORT Please find attached Navigator Resources Limited’s 2010 Annual Report which is being dispatched to shareholders today. A copy will also shortly be www.navigatorresources.com.au. Yours sincerely NAVIGATOR RESOURCES LTD available on the Company’s website at GERRY KACZMAREK Company Secretary Ground Floor, 45 Richardson Street WEST PERTH WA 6005 PO Box 276 WEST PERTH WA 6872 Telephone: (08) 9226 5311 Facsimile: (08) 9226 5411 Email: navigator@navigatorresources.com.au Website: www.navigatorresources.com.au ASX Code: NAV ACN: 063 366 487 2 0 10 ANNUAL REPORT SUCCESSFUL TRANSITION TO MID-TIER GOLD PRODUCER 2010 AN NUAL REPORT 2 N AV I G ATO R R E S O U R C E S L I M I T E D Corporate Directory Navigator Resources Limited ABN: 82 063 366 487 DiRectoRs & seNioR MANAgeMeNt Directors Dr Allan trench Mr David Hatch Mr gordon galt Mr Matt Healy Mr ian Macpherson Mr John shipp Senior Management Mr trevor cook Mr gerry Kaczmarek Mr Bernie Kirkpatrick Miss Michelle simson Mr ian Bignell Non-executive chairman Managing Director Non-executive Director Non-executive Director Non-executive Director Non-executive Director PRiNciPAL PLAce oF BusiNess & RegisteReD oFFice ground Floor, 45 Richardson street West Perth, Western Australia 6005 Tel: (08) 9226 5311 Fax: (08) 9226 5411 Email:...
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...MANU/SC/0241/2007 Equivalent Citation: 2007(2)ALT1(SC), JT2007(2)SC1, (2007)3SCC184, [2007]1SCR317 IN THE SUPREME COURT OF INDIA Writ Petition (Civil) No. 1 of 2006, Transferred Case Nos. 82 to 90 of 2006 and Writ Petition (C) No. 129 of 2006 Decided On: 10.01.2007 Appellants: Raja Ram Pal Vs. Respondent: The Hon'ble Speaker, Lok Sabha and Ors. Parameter of judicial review in relation to exercise of parliamentary provisions Hon'ble Judges/Coram: Y.K. Sabharwal, C.J., K.G. Balakrishnan, C.K. Thakker, R.V. Raveendran and D.K. Jain, JJ. Counsels: For Appellant/Petitioner/Plaintiff: Ram Jethmalani, P.N. Lekihi, T.R. Andhyarujina, Sr. Advs., Krishan Singh Chauhan, Indra Pratap Singh, Gyan Mitra, Chand Kiran, P.K. Jayakrishnan, K.C. Lamba, Sudha Pal, V.K. Shukla, Nischal Kumar Neeraj, Ashish Tripathi, K.K. Mohan, Nawal Kishore Jha, M.P. Jha, Harshvardha Jha, Ram Ekbal Roy, Rani Jethmalani, Harish Pandey, Samar Bansal, Abhik Kumar, P.R. Mala, Rajiv Kumar Tiwari, Rajesh Kumar, Sanjai Tiwari, Lata Krishnamurthi, Sachin Jain, Mukesh Kumar Tripathi, Lokesh Kumar, M.K. Garg, Meenakshi Arora, S. K. Mehndiratta, Pranav Sen, S.W.A. Qadri, Mahra, R.M. Sharma, Sushma Suri, Advs., Gopal Subramanian, ASG., Dayan Krishnan, Gautam Narayan, Satyakam, T.S. Murthy, Raghenth Basant, Aman Ahluwalia, Arunav Patnaik, Abhishek Tiwari and D.S. Mahra, Advs. Subject: Constitution Acts/Rules/Orders: Constitution of India (Forty-fourth Amendment) Act, 1978 - Section 15, Constitution of India (Forty-fourth Amendment)...
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...12:06 Page 1 WOMEN, GENDER AND WORK People are not defined solely by their work, nor is it possible to ignore the effects of factors outside the workplace on a person's status at work. To seek equality at work without seeking equality in the larger society – and at home – is illusory.Thus an examination of the issues surrounding women, gender and work must be holistic. That means considering the role of productive work in life as a whole and the distribution of unpaid work as well as the myriad questions relating to employment. This important anthology brings together the thinking of leading philosophers, economists and lawyers on this complex subject. Selected recent articles from the multidisciplinary International Labour Review are assembled for the first time to illuminate questions such as how we should define equality, what equal opportunity means and what statistics tell us about differences between men and women at work, how the family confronts globalization and what is the role of law in achieving equality. There is an examination of policy – to deal with sexual harassment and wage inequality, for example, as well as part-time work, the glass ceiling, social security, and much more. A major reference on the best of current research and analysis on gender roles and work. Martha Fetherolf Loutfi has been Editor-in-Chief of the International Labour Review, a Senior Economist for the Brandt Commission and in the ILO’s Employment and Development...
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