22 August Legal Aspects Of BusinessPresentation Transcript
LEGAL ASPECTS OF BUSINESS AFTERSCHO☺OL – DEVELOPING CHANGE MAKERS CENTRE FOR SOCIAL ENTREPRENEURSHIP PGPSE PROGRAMME – World’ Most Comprehensive programme in social entrepreneurship & spiritual entrepreneurship OPEN FOR ALL FREE FOR ALL
LEGAL ASPECTS OF BUSINESS Dr. T.K. Jain. AFTERSCHO☺OL Centre for social entrepreneurship Bikaner M: 9414430763 [email_address] www.afterschool.tk www.afterschoool.tk
A & B are engaged by their parents. They are minors. The parents of both decide to get them married when they become major. On attaining majority, B refuses to marry A. A files a suit against it. What will happen?
A will be granted damages. Althrough they were minors, but their parents were majors, so they can enforce the agreement and get damages for breach. ( rose Fernandes V/s Joseph Gonsalves 1925)
A & B are brothers, they divide property. B was to look after their mother also. However, B didn’t take care of mother. What is the remedy?
The mother can sue B for specific performance. She is entitled to her share in the property, if B does not fulfill his promise.
(Veeramma V/s Appayya 1957)
Ramu sold his house to Ali and asked Ali to make the payment to Rene. Ramu died. Ali didn’t make the payment to Rene. Actually Ramu was debtor to Rene. Can Rene recover money from Ali?
Yes – he can recover the money from Ali (Deveraja V/s Ram Krishniah 1952)
A found a Necklace of B (worth Rs. 10 Lakh). B promises to give A Rs. 100. Later B does not give that amount also. Can A recover this amount?
Ali, Only son of Rafik fell into river and was saved by Hari. Rafik promised to give Hari Rs. 1 Lakh in reward, but he died next day. There was no witness. Can Hari claim this amount from Ali now?
Yes (Sec. 25(2))
Bajaj sold Hari some bikes on condition that he will not sell them below list price. Hari sold them to Ali with the same conditions. Ali sold bikes at below list price. Bajaj wants damages. Will it succeed?
No (there was no agreement between Bajaj and Ali). (Dunlop V.s Selfridge 1915)
Hari gives a loan to Ali. 40 years later Hari asks Ali to return the amount. Ali acknowledges the facts. Will Hari be able to recover the money?
No (it is a time barred debt).
Hari gives a loan to Ali. 40 years later Hari asks Ali to return the amount. Ali promises to pay the money. Will Hari be able to recover the money?
Yes (an express promises makes the contract and now this amount can be recovered).
A had to pay B Rs. 50000. He paid only 40000 and B accedpted as discharge of the total mount. Later B demands remaining Rs. 10000 also. Will B succeed?
Sonu makes a promise to sing in the party organised by Rishabh, however, he falls ill and Rishabh’s entire arrangement was spoiled. Will Rishabh be able to recover damages?
No (Sec. 37 – when contract is impossible due to circumstances beyond control).
Sunidhi makes promise to sing daily at Nidhi’s theatre. However, she wilfully absents herself for 2 days. Nidhi rescinds the contract. Sunidhi now wants to sing again. Can she succeed?
Rishabh gives a loan to a minor on guarantee by Ankit. On due date Rishabh cannot get the money. Ankit also does not make the payment. What should Rishabh do?
Rishabh can recover the money from Ankit.
A has a stolen Rifle, which he gives to B to keep it safe. Police takes away the Rifle from B and charges Rs. 10000 also. B demands Rs. 10000 from A, A demands rifle back. Who will succeed?
B will succeed.
I hire Ankit’s horse for training Afterschoolians in horse riding. The horse eats a lot and I have to spend Rs. 12000 on its feed only. Further, the horse was suffering from some disease, for which I had to pay Rs. 500 on medical treatment. Can I recover these 12500 from Ankit?
I can recover Rs. 500 only (extraordinary item), I cant recover 12000 (every horse requires food, and therefore I cannot ask for payment of food).
Goutam deals in diesel. He puts 1000 liters of Diesel with Ramu and asks that Ramu has to give these to Rishabh. Ramu changes 200 liters of diesel by kerosene and gives it to Rishabh. Rishabh discovers it after 1 month & asks Goutam to pay Rs. 1000 as penalty. What should Goutam do?
Goutam can recover this penalty from Ramu (section 137).
I hire Ankit’s horse for training Afterschoolians in horse riding. Goutam, an afterschoolian, gives the horse to his friend Mohan, who rides the horse. Horse gets injured in normal course. Ankit claims damages for the injury. Will he succeed?
Yes (because, the horse was used by unauthorised users).
Rishabh sells some goods to Ankit at prices to be fixed by Goutam. Ankit asks Goutam not to fix the price. After one month Ankit says the contract is void because there is no price fixed yet. He now wants to return the goods. Will he succeed?
Refer to sec. 10(2) sale of goods act. Here Rishabh will succeed, he can demand damanges also for preventing Goutam from fixing prices.
Rishabh wants to look like Amitabh Bachhan and goes to market to buy white colour dye. He buys a standard colour dye. The dye created allergy and defaced him. Will he get any damages – if yes from whom?
Read the case of Ingham V/s Emes (1955), he will not succeed, as it was a standard product and he didn’t disclose that he had allergy from a particular product.
Nidhi pledges her Car with Sapna. Sapna sells this car to Jayati claiming as her own car. Later Jayati comes to know abour reality. She wants to claim Rs. 1 Lakh as damages. Will she succeed?
Jayati will succeed (the amount may be decided by court), because she has been cheated. Read Sec. 14(2) of sale of goods Act.
Afterschoool conducts three year integrated PGPSE (after class 12 th along with IAS / CA / CS ) and 18 month PGPSE (Post Graduate Programme in Social Entrepreneurship) along with preparation for CS / CFP / CFA /CMA / FRM . This course is also available online also. It also conducts workshops on social entrepreneurship in schools and colleges all over India – start social entrepreneurship club in your institution today with the help from afterschoool and help us in developing society.
Why such a programme?
To promote people to take up entrepreneurship and help develop the society
To enable people to take up franchising and other such options to start a business / social development project
To enable people to take up social development as their mission
To enable people to promote spirituality and positive thinking in the world
Who are our supporters?
Afterschoolians, our past beneficiaries, entrepreneurs and social entrepreneurs are supporting us.
You can also support us – not necessarily by money – but by being promotor of our concept and our ideas.
About AFTERSCHOOOL PGPSE – the best programme for developing great entrepreneurs
Most flexible, adaptive but rigorous programme
Available in distance learning mode
Case study focused- latest cases
Industry oriented practical curriculum
Designed to make you entrepreneurs – not just an employee
Option to take up part time job – so earn while you learn
The only absolutely free course on internet
Workshops from AFTERSCHOOOL
ICSI Hyderabad Branch
Gyan Vihar, Jaipur
Apex Institute of Management, Jaipur
Aravali Institute of Management, Jodhpur
Xavier Institute of Management, Bhubaneshwar
Pacific Institute, Udaipur
Engineering College, Hyderabad
Spiritualising business and society
Rural development and transformation
HRD and Education, Social Development
NGO and voluntary work
Investment analysis,microfinance and inclusion
Retail sector, BPO, KPO
Accounting & Information system (with CA / CS /CMA)
Hospital management and Health care
Hospitality sector and culture and heritage
Other sectors of high growth, high technology and social relevance
The only programme of its kind (in the whole world)
No publicity and low profile course
For those who want to achieve success in life – not just a degree
Indepth knowledge and expertise
Professional approac: World class approach
Strong intellectual and business capabilities
Flexible – you may stay for a month and continue the rest of the education by distance mode. / you may attend weekend classes
Scholarships for those from poor economic background
Latest and constantly changing curriculum – keeping pace with the time
Placement for those who are interested
Admissions open throughout the year
Latest and most advanced technologies, books and study material
Pedagogy curriculum and approach based on IIM Ahmedabad and ISB Hyderabad (the founder is alumnus from IIMA & ISB Hyderabad)
Meditation, spiritualisation, and self development
Essential softwares for business
Business plan, Research projects
Participation in conferences / seminars
Workshops on leadership, team building etc.
Written submissions of research projects/articles / papers
Interview of entrepreneurs, writing biographies of entrepreneurs
Editing of journals / newsletters
Consultancy / research projects
Assignments, communication skill workshops
Participation in conferences and seminars
Group discussions, mock interviews, self development diaryng
Mind Power Training & writing workshop (by Dr. T.K.Jain)
Articles from Harvard Business Review
Quiz, seminars, workshops, games,
Visits to entrepreneurs and industrial visits
Presentations, Latest audio-visuals
Group discussions and group projects
Periodic self assessment
Mentoring and counselling
Study exchange programme (with institutions out of India)
Rural development / Social welfare projects
AFTERSCHOOOL will shortly open its branches in important cities in India including Delhi, Kota, Mumbai, Gurgaon and other important cities. Afterschooolians will be responsible for managing and developing these branches – and for promoting social entrepreneurs.
We want to write case studies on social entrepreneurs, first generation entrepreneurs, ethical entrepreneurs. Please help us in this process. Help us to be in touch with entrepreneurs, so that we may develop entrepreneurs.
Basic values at afterschoool
Share to learn more
Interact to develop yourself
Fear is your worst enemy
Make mistakes to learn
Study & discuss in a group
Criticism is the healthy route to mutual support and help
Ask fundamental questions : why, when, how & where?
Embrace change – and compete with yourself only
www.afterschoool.tk social entrepreneurship for better society