Fire Insurance contract is an insurance policy where insurer agrees to make good the loss of the insured that occurs out of a fire accident that it was during a period that was specified. The contract of fire insurance contains the maximum sum that can be claimed by the insured. It is important to note that in this contract of insurance, only the loss is paid by the insurer to the insured but not the maximum amount specified in the contract made in between the insurer and the insured. The maximum assured sum is paid only when the loss is more than the specified amount according to the contract. The fire insurance policies are of different types and they were specified here under. Types of Fire Insurance Policies Specific Fire Insurance Policy: In this type of fire insurance policy, the loss is covered up to a specific amount. That specificContinue reading
Mercantile Law
Difference between Sale and Agreement to Sell
Section 4(1) of the sale of Goods Act defines a contract of sale of goods as — “a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price”. The definition of contract of sale of goods reveals that either actual sale or an agreement to sell both are covered under the act. But, there are certain differences between the two. Where in a contract of sale, the property in the goods is immediately transferred from the buyer to the seller it is called a sale. Where under a contract of sale, the transfer of property in the goods is to take place in the future or after the fulfillment of certain conditions, it is called ‘An agreement to sell”. A sale and an agreement to sell can be distinguished as:- i) Transfer of Property (Ownership): In a sale, the property inContinue reading
Nature and Extent of Partner”™s Authority to Bind the Firm by His Acts
Sections 18 declares that from the point of view of the third parties a partner is an agent of the firm for the purposes of the business of the firm. Even if only one partner acts on behalf of the firm liable. One partner can make all the other partners liable only if he acts within his express or implied authority. Thus, it is the express and implied authority of the partners which decides the nature and extent of their authority to kind the firm. Express authority of a partner When a partner is expressly authorized by an agreement of all the partners to do certain acts on behalf of the firm, it is called the express authority of a partner. A partner can kind the firm by any such act which falls width the scope of his authority, even if it does not fall within the scope of business.Continue reading
Mutual Rights and Liabilities of Partners in a Partnership Firm
Section 4 of Indian Partnership Act, 1932 defines Partnership as, “Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all”. The rights, duties and liabilities of partners make the mutual relationship between the partners more clear. Partners can themselves determined their rights by contract, but the partnership act confers certain rights upon the partners. The rights and liabilities of partners can be illustrated as:- Rights of Partners i) Right to take part in the Conduct or Management of Business: Every partner, irrespective of the amount contributed by him, has an inherent right to participate in the conduct of business of the firm. However, by mutual agreement, some partners may be restricted to take part but, the right to participate in the management must be available to all ii) Right to be ConsultedContinue reading
Parties to Various Types of Negotiable Instruments
Parties to various types of Negotiable Instruments: Drawer” or Drawee: The maker of a bill of exchange or cheque is called the “drawer”; the person thereby directed to pay is called the “drawee”. Drawee in case of need: When in the bill or in any endorsement thereon the name of any person is given in addition to the drawee to be resorted to in case of need such person is called a “drawee in case of need”. Acceptor: After the drawee of a bill has signed his assent upon the bill, or, if there are more parts thereof than one, upon one of such parts, and delivered the same, or given notice of such signing to the holder or to some person on this behalf, he is called the “acceptor”. Acceptor for honor: When a bill of exchange has been noted or protested for non-acceptance or for better security, andContinue reading
Company Formation under the Companies Act of 1956
Formation of Companies under Companies Act, 1956 Select in order of preference a few suitable names, not less than four, ensuring that the name does not resemble the name of an existing Company. Apply to the jurisdictional Registrar of Companies to ascertain the availability of name in Form 1A along with mentioned fee. Registrar of Companies informs the status of the application within 14 days. If the name proposed is not available, apply again for a fresh name. Arrange for drafting of the Memorandum and Articles of Association(MA) through a Consultant, vetting of the same by the Registrar of the Companies and printing of the same. Arrange for stamping of the M & A as per Registrar of Companies instructions. Get the Memorandum and Articles of Association signed by, at least 2 persons in case of Private Limited Company, at least 7 persons in case of Public LimitedContinue reading