Chapter 2 : The Indian Contract Act 1872 Definition Sir Frederic Pollock - “Every agreement and promise enforceable at law” According to Sec 2(h) “An agreement enforceable by law Agreement – Every promises and set of promises forming consideration for each other. Essential Elements of Valid Contract Minimum Two Parties – one party has to make an offer and other must accept it. Offer & Acceptance – There must be an offer and acceptance to the offer‚ resulting into an agreement. It should
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DEFUNCT COMPANY UNDER SECTION 308(1) OF THE COMPANIES ACT 1965 DURING MORATORIUM PERIOD (3 MARCH – 30 JUNE 2011) This guideline serves to inform the procedures and requirements for the application to strike off names of defunct companies under section 308(1) of the Companies Act 1965 (CA 1965) during moratorium period. BACKGROUND 2. The Companies Commission of Malaysia (SSM) has on 11 January 2007 issued a set of guidelines for the application to strike off the name of a company pursuant
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A] Indian Contract Act‚ 1872 The Contract Act serves as a Mother Act. The Contract Act has a direct link with most other Acts. Whenever two or more people want to establish a relation between/amongst them‚ there is a need for a contract: Sale of Goods Act (buyer-seller relation)‚ Partnership Act (principal-agent relation)‚ Negotiable Instruments Act (debtor-creditor relation) and so on. Key takeaways: • A contract is any promise or set of promises that are made by one person to another in return
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The Indian Contract Act‚ 1872 Contract – Meaning and Nature: The law of contract constitute the most important branch of mercantile or commercial law. The law relating to contracts is governed by the Indian Contract Act‚ 1872. This act mostly deals with general principle and rules governing contracts. The act is divisible into 2 parts: 1. Section 1 to 75 – deals with general principle of contract and applies to all contracts irrespective of their nature. 2. Section 124 to 238- deals
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Topic – Companies Act 2013 Introduction Companies Act‚ 2013 is an Act of the Parliament of India which regulates incorporation of a company‚ responsibilities of a company‚ directors‚ and dissolution of a company. The 2013 Act is divided into 29 chapters containing 470 clauses as against 658 Sections in the Companies Act‚ 1956. The Act has replaced The Companies Act‚ 1956 (in a partial manner) after receiving the assent of the President of India on 29 August 2013. The Act came
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Indian Contract Act 1872 Indian Contract Act 1872 is the main source of law regulating contracts in Indian law‚ as subsequently amended. It determines the circumstances in which promise made by the parties to a contract shall be legally binding on them. All of us enter into a number of contracts everyday knowingly or unknowingly. Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement of these rights and duties upon the parties. The
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Companies Act‚ 2013 Key highlights and analysis Significant changes and implications Companies Act‚ 2013 1 Contents 04 | Introduction 06 | Key definitions and concepts 10 | Setting up of a company 16 | Management and administration 18 | Directors 24 | Accounts and audit 30 | Dividend 32 | Compromises‚ arrangements and amalgamations 34 | Revival and rehabilitation of sick companies 36 | Corporate social responsibility 38 | Implications on private companies 40 | Other areas
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COMPANY LAW QUESTIONNAIRE PART - 1 INTRODUCTION The companies Act lays down detailed provision regarding various matters and casts an obligation upon directors and officers of the company to carry the requirement of law. It is the duty of the directors and management to ensure that various provisions have been complied with. However where non-compliance has a bearing upon the accounts and transaction of the company‚ the auditor may have an obligation to bring it to the notice of the shareholders
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decision of the said judge will be legally wrong and it may be reversed on appeal or overruled in a later case. Below is how The Doctrine operates in Malaysia. The court system in Malaysia‚ was last restructured by the Constitution (Amendment) Act 1994. The present court structure‚ which has been in force since then‚ is as follows : * The Federal Court stands at the apex of the Malaysian court system. It is headed by the Chief Justice. * Below the Federal Court is the Court of Appeal
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Section 4 Contracts Act 1950 – COMMUNICATION WHEN COMPLETE 4 (1) The communication of a proposal is complete when it comes to the knowledge of the person to whom it is made ( ie the acceptor (emphasis added)). 4(2) The communication of an acceptance is complete:- (a) As against the proposer‚ when it is put in a course of transmission to him‚ so as to be out of the power of the acceptor; and(Case Ignatius v Bell and also Byrne v Van Tienhoven) (b) As against the acceptor‚ when it comes
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