(Useful for PT/MAINS)
Section 30: Minors admitted to the benefit of Partnership.
Who can be a partner?
With combined effect of section 2(c) and section 3, reference is made from section 10 of Indian Contract Act.
So any person of sound mind, major and not disqualified by law can be a partner.
1. Expert witness gives evidence of his opinion that is the ground on basis of which he has given his opinion.
Ordinary witness is a witness of fact and gives evidence of those facts which are under inquiry.
2. The expert supports his evidence by the experiments which has been performed by him in absence of opposite party.
Ordinary witness is available to opposite party for veracity.
1. Complaint is defined under section 2(d) of CrPC.
FIR is given under Section 154 of CrPC.
2. Complaint is an allegation which is made orally or in writing to a magistrate.
FIR is given to an officer in charge of a police station.
3. A complaint may relate to a cognizable offence or non-cognizable offence.
FIR is related to a cognizable offence.
1. A trial is always for an offence. An inquiry does not necessarily relate to only offences.
2. A trial ends in acquittal or conviction of an accused. An inquiry into a offence never ends in a conviction or acquittal.
3. Trial is the examination and determination of cause by a judicial tribunal. Inquiry includes every inquiry other than a trial conducted by magistrate or court.
1. An investigation is made by a police officer or by some person authorised by a magistrate. Inquiry is made by magistrate or court. Investigation is never made by magistrate or court.
2. The object of an investigation is to collect evidence for the prosecution of the case. The object of inquiry is to determine the truth or false of certain facts with a view to take in further action…
The concept of plea bargaining has been taken from USA. It was added in 2006. It is also one of the ways of ADR. (Alternative Dispute Resolution)
Who may apply for plea bargaining?
According to section 265B a person who is as accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial.
According to section 265C of CrPC, in working out a mutually satisfactory disposition, the court shall follow the following procedure.
When a case is instituted on a police report, the court shall issue notice to the public prosecutor, the P.O/I.O (police officer/investigating officer) who has investigated the case, the accused and the victim of the case to participate in the meeting to work our a satisfactory disposition of the case.
1. Offence where punishment is not more than 7 years.
2. The offence which are not against the women and children.
3. The offence which does not affect the socio-economic condition of the country.
The central government has determined the offences which are affecting the socio economic condition of country-
Dowry Prohibition Act, 1961
According to section 265B, a person who is as accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial.
The application will contain a brief description of the case and shall be accompanied by an affidavit. After receiving the application the court shall issue notice to the public prosecutor or the complainant of the case as the case may be and to the accused to appear on date fixed for the case…
(Chapter 12, Section 154-176)
Information → To Police
Investigation → By Police
Section 154 : FIR : This section has three objects-
1. To inform the magistrate of the district and the DSP who are responsible for the peace and safety of the district of the offences reported at the police station…
Cryptic (mysterious, confusing, mystifying, perplexing, puzzling, obscure) and ambiguous (open to debate/argument, arguable, debatable; obscure, unclear, imprecise, vague, abstruse, doubtful, dubious, uncertain) telephone message which do not clearly specify a cognizable offence cannot be treated as FIR.
But where there is proper information about the commission of a cognizable offence and is reduced in writing by police officer then it can be treated as FIR.
A retracted confession is a statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates (reject, disown, abandon, renounce, refuse to accept or be associated with) at the trial.
Evidentiary value of retracted confession.
It is unsafe to base the conviction on a retracted confession unless it is corroborated by trustworthy evidence.
It means any fact which without the intervention of any other fact proves the existence of a fact in issue.
A is tried for causing grievous hurt to B with a club. C deposes to the fact that he saw the accused, inflicting the blow, which caused the grievous hurt. The evidence adduced (mentioned, pointed out, cite as evidence) by C is direct evidence.
Chapter VI of Partnership Act, 1932
Section 39 – Dissolution of a Firm.
The dissolution of partnership relation between all partners is dissolution of the firm. It is the ending of partnership relation among partners.
Section 40 – Dissolution by AgreementPartners can at any time with everyone’s consent may make an agreement in order to dissolve the firm. This applies to all cases whether the firm is for a fixed period or at will.
The Constitution of India provides for an independent office of the CAG. He is the head of the Indian audit and accounts department. He is the guardian of the public purse and controls financial system of the country both at central level and state level.
He is one of the strongest wall of the democratic system like that of Supreme Court, Election Commission of India (ECA) and the Union Public Service Commission (UPSC)
According to William Anson: An acceptance is like a stick of matchbox in front of the truck of gunpowder.
Proposal + Acceptance = Promise
Section 2(b) of Indian Contract Act.According to section 2(b) when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.
Added in 1976. Section 148-A of Civil Procedure Code.
CAVEAT – To give notice before taking any action.
Caveat is not defined in Civil Procedure Code but it may be defined as a request made to the court that no order in a suit or proceeding instituted or likely to be instituted before it may be passed without hearing the person filing the caveat. The person who files a caveat is known as Caveator.
Section 53 of Transfer of Property Act. Every owner of property has right to transfer his property as he likes.
But the transfer must be made with a bonafide intention. Where the transfer is made with fraudulent intention, it means with the intention of defeating the interest of creditor or interest of any subsequent transferee. Where the transfer is made with fraudulent intention, the object of the transfer would be bad in the eyes of equity and justice; though it is valid in law.
Section 68-72 deals with certain relations resembling those created by contract. These obligations are known as Quasi-Contract.
The Quasi Contract are not contract in full fledge because there is no offer and acceptance by the parties, but there are some circumstances where the contractual obligation arises.
CONTRACT OF BAILMENT – Section 148-181
Contract of Bailment is defined under section 148 of Indian Contract Act.
A bailment is the delivery of goods by one person to another for some purpose, upon a contract, if the purpose is accomplished the property must be returned back or otherwise disposed off according to the direction of the person delivering them.
Natural justice is an important concept of law. It is also known as substantial justice, universal justice or fair play in action. It is a branch of public law. It is based on law of equity.
From the days of Adam and Kautilya Arthashastra, the rule of law has had the stamp of natural justice which makes it social justice.