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Difference between deed and agreement?

A deed is a special type of binding promise or commitment to do something.


The idea of a deed stems from the need in every community to have a special type of ritual,
procedure or process which publicly demonstrates to that community the solemnity of a
promise that a person makes and intends to be binding.
The most substantial characteristic of a deed is that it is the most serious indication to the public
that a person really means to do what he or she is doing. In todays commercial world, this idea
of a serious commitment continues in the form of a deed.
Therefore, a deed is used when substantial interests are at stake such as where a person passes
an interest, right or property, or creates an obligation binding on a person.

The fundamentals of contract law are that there must be:


offer and acceptance;
an intention to be legally bound; and
consideration (consideration stems from the idea that when two parties agree, they
have reached a bargain and consideration is required to show that the parties have
bought the promise by doing some act or providing something in return for the
promise).

In contrast with a contract or agreement, there is no requirement for consideration to pass


for a deed to be legally binding. Consideration is not required for a deed to be enforceable
because of the idea that a deed is the most solemn indication to the community that the
parties to a deed intend to be bound.

A deed is a special form of document which indicates an individuals most sincere promise to
do something that she or he has contracted to do. At common law, the requirements for
executing a deed are that it must be in writing, sealed and delivered to the other party.

Movable property under various statutes

The definition of movable property is given differently in many acts. Some of the definitions
are as follows:

Section 3 (36) of the General Clauses Act defines movable property as:

'Movable property shall mean property of every description, except immovable property."

Section 2 (9) of the Registration Act, 1908 defines property as:

'Moveable property' includes standing timber, growing crops and grass, fruit upon and juice
in trees, and property of every other description, except immovable property."

Section 22 of IPC defines property as:

The words moveable property is intended to include corporeal property of every


description, except land and things attached to the earth or permanently fastened to anything,
which is attached to the earth.
Things attached to the land may become moveable property by severance from the earth, for
example Cartloaded of earth, or stones quarried and carried away from the land become
movable property.

Confidential information, trade secrets and conditions for interlocutory injunction

A trade secret is defined as any information that is not known outside the company and which
is not readily ascertainable by proper means, thereby giving the company an advantage over
its competitors.

An interlocutory injunction is a court order to compel or prevent a party from doing certain
acts pending the final determination of the case. It is an order made at an interim stage during
the trial, and is usually issued to maintain the status quo until judgment can be made.

https://www.jusdicere.co.in/trade-secrets-as-an-intellectual-property-and-its-protection/

In Gujarat Bottling Co. Ltd. v. Coca Cola Co., Such interlocutory injunction is granted when
the ligation is undecided. The court in order to grant interlocutory injunction has to apply the
following tests:
(a.) whether there is a prima facie case,
(b.) whether the balance of convenience is in favour of the plaintiff,
(c.) whether the rejection of the injunction would result in an irreparable injury to the plaintiff.

The objective of such relief is for the guard of complainant against his damage for which he
could not be sufficiently remunerated if the doubt were determined in his favour at the trial.
Damage in such cases can be strong-minded based on the market value of the confidential
information based on a notional sale between a willing seller and a willing purchaser.

Conditions for issuing a winding up notice

https://www.lakshmisri.com/News-and-
Publications/Publications/articles/Corporate/winding-uplegal-position-under-
companies-act-2013-vis-vis-insolvency-and-bankruptcy-code-2016

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