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There is a general and universal rule Ignorance of law is not the excuse. Hence
working knowledge of rules and law is very essential. This set of notes tries to simplify various basic provisions of different Commercial / Business / Mercantile Acts and Rules as applicable to any type and form of business establishment. Mercantile/Business Laws are laws consisting of rules relating to business and its transactions. These laws govern and regulate trade, industry and commerce. Law generally means a code of conduct so designed to control, maintain order, give justice, reduce inequality and for the welfare of the society members. Law is generally equal for all and to be respected by all.

(1)

INDIAN CONTRACT ACT, 1872.

Definition of Contract: a. Section 2(h) defines a contract as an agreement enforceable by law. b. Pollocks definition is as follows: Every agreement & promise enforceable at law is a contract. c. An agreement is every promise & every set of promise forming consideration for each other. d. Sir William Anson defines a contract as a legally binding agreement between two or more persons by which rights are acquired by one or more to acts or forbearance on the part of the others. e. All Agreements are contracts only if made as per validity of law of contract and not expressly declared as void. Therefore, all contracts have valid agreements but all Agreements are not contracts.

Legal Conditions and essential elements of a valid Contract. ( Sec. 10 )

1. Offer & Acceptance: There must be two parties to an agreement i.e. one party making the offer & other party accepting it. The terms of the offer must be definite & the acceptance of the offer must be absolute & unconditional. The acceptance must be communicated. Intention to create Legal relationship: When two parties enter into an agreement, their intention must be to create legal relationship between them. Agreement of social or domestic nature are not legal relationship. Lawful Consideration: An agreement to be enforceable by law must be supported by consideration. Consideration means an advantage or benefit moving from one party to other. It means something in return. Consideration may be in cash or kind. It may be past, present or future. But must be real & lawful. Capacity of parties / competency: Every person must be competent to enter into valid contract i.e. he (a) is of the age of majority (b) is of sound mind (c) is not disqualified by any law.

2.

3.

4.

5. Free & Genuine Consent: The consent of the parties is said to be free when they are of the same mind on all the material terms of contract. The parties are said to be of the same mind when they agree about the subject matter of contract in the same sense and at same time. Consent obtained by fraud, mistake, force, influence, coercion, etc is invalid / illegal. 6. Lawful Object: The object of the agreement must be lawful. In other words, it means that the object must not be (a) illegal (b) immoral or (c) opposed to public policy , like : a. trading with enemy, b. Marriage brokering agreement, c. encouraging unnecessary litigation, d. to bribe or influence justice, e. to withdraw legal proceedings, h. agreements with terrorists, i. Agreement creating monopoly, j. Trafficking ( illegal trading.), -----

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k. Agreement interfering parental duties, l. Agreement to do something that is opposed to public duty, m. agreement in restrain of : trade, marriage, legal proceedings, public auction. 7. Agreement not declared as void: The agreement must not have been expressly declared void by any law in force in the country a. Unlawful object, b. without consideration, c. in restrain of marriage, d. in restrain of trade, e. in restrain of legal proceedings, f. wagering agreement, g. incompetent persons. Certainty and possibility of performance: The agreement must be certain & not vague or indefinite. If it is vague and it is not possible to ascertain its meaning, it cannot be enforced. Legal Formalities: A contract may be words spoken or written. In some cases the document in which contract is incorporated is to be stamped & registered. Thus where there is a statutory requirement to be made in writing or in the presence of witness or registered, the required statutory formalities must be complied with compulsorily. ( Eg. Land & Building Agreements.)

8.

9.

10. Two or more parties to contract : There must be two or more parties to contract. One person is the proposal maker ( promisor ) and the other is the acceptor of proposal ( promisee ).

Remedies of breach of contract :

When a contract is NOT performed, the party who has suffered because of its non-performance has following solutions or remedies : 1. 2. 3. 4. 5. Cancellation / Rescission of contract : The party can cancel the contract. Sue for specific performance : The affected party can sue for its performance. Sue for Injunction : meaning stay order, matter frozen as it is, no further action. Sue for Quantum Meruit : means as much as it is earned. / proportionate payment. Sue for Damages : Asking for compensation through the court of law.

Quasi Contracts :
Normally a contract is illegal and void if all the parts of Sec. 10, i.e. essential elements are NOT followed. However, in the interest of justice and fairness, some special contracts are considered as valid even if some essential conditions are not fulfilled, such as : 1. 2. 3. 4. 5. Necessity supply of goods to an incompetent party. Reimbursement of payment on behalf of another person by an interested party. Obligation for enjoying the benefits of non-gratuitous action. Finder of the lost goods. Liability of person receiving money by mistake.

TYPES OF CONTRACT : a. Void Contracts.

b. Voidable Contracts.

c. Valid Contracts.

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To sum up : Proposal + Acceptance = Promise. Promise + Consideration = Agreement. Agreement + Enforceable by law = Contract. Thus, all contracts are agreement but all agreements are not necessarily contracts.

(2) SALE OF GOODS ACT, 1930.

Distinction between sale and agreement to sell.

Sale
The property in goods passes from the seller to buyer immediately. ( Buyer becomes owner of goods. ) Sale is an executed contract. It can be in case of existing and specific goods only. If the goods are destroyed, the loss is of the buyer even tough the goods are in the possession of the seller. If the buyer fails to pay the price of the goods or if there is breach of contract by the buyer, the seller can sue for the price even though the goods are in his possession. The seller cannot re-sell the goods. If he does so the subsequent buyer does not acquire title to the goods.

Agreement to Sell
The transfer of property in the goods is to take place at a future time or subject to certain conditions to be fulfilled. ( seller remains as owner.) It is an executory contract. It can be mostly in case of future and contingent goods. If the goods are destroyed, the loss is of the seller even tough the goods are in the possession of the buyer. If there is a breach of contract by the buyer, the seller can only sue for damages and not the price even though the goods are in the possession of the buyer. The seller can re-sell the goods. The buyer who takes the goods for consideration gets a good title.

Distinction between condition & warranty :

Condition It is stipulation which is essential to the main purpose of contract The aggrieved party can repudiate ( cancel ) the contract of sale & also sue for damages. A breach of condition may be treated as a breach of warranty and can cancel the contract. It goes direct to root or substance of the contract. It is fundamental in nature. Warranty It is a stipulation which is collateral to the main purpose of the contract. The aggrieved party can claim damages only & he cannot cancel the contract. A breach of warranty cannot be treated as breach of condition and cannot cancel the contract. It does not go direct to the root of contract. It is of subsidiary or inferior character.

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Caveat Emptor. Exceptions to the rule of caveat emptor.

This means, let the buyer beware i.e. in a contract of sale of goods the seller is under no duty to reveal unflattering truths about the goods sold. Therefore, when a person buys goods, he must examine them thoroughly. If the goods turn out to be defective and makes a bad selection, he cannot blame anybody excepting himself. This doctrine of Caveat Emptor has certain important exceptions: 1. Fitness for buyers purpose: Where the buyer expressly makes known to the seller the particular purpose for which he requires the goods & relies on the sellers skill or judgement and the goods are of a description which is in the course of the sellers business to supply, then the seller must supply the goods which shall be fit for the buyers purpose. 2. Sale under a patent or trade name: In the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition that the goods shall be reasonably fit for any particular purpose. 3. Mercantile quality: Where goods are brought by description from a seller who deals in goods of that description, there is an implied condition that the goods shall be of merchantable quality. But if the buyer has examined the goods, there is no implied condition as regards defects which such examination ought to have revealed. 4. Usage of trade: An implied warranty or condition as to quality or fitness for a particular purpose may be annexed by the usage of trade. 5. Consent by fraud: Where the consent of the buyer, in a contract of sale, is obtained by the seller by fraud or where the seller knowingly conceals a defect which could not be discovered on a reasonable examination, the doctrine of caveat emptor does not apply.

Essential elements of Contract of sale of goods are :

1.Two Parties: There must be two distinct parties i.e., a buyer and seller, to effect a contract of sale and they must be competent to contract. Buyer means a person who buys or agrees to buy goods, Seller means a person who sells goods. 2.Goods: There must be some goods, the property in which is or is to be transferred from the seller to the buyer. The goods which form the subject matter of the contract of sale must be movable. Transfer of immovable property is not regulated by the Sale of Goods Act. 3.Price: The consideration for the contract of sale called price, must be money. When goods are exchanged for goods, it is not a sale but a barter. There is, however, nothing to prevent the consideration from being partly in money & partly in goods / kind. 4.Transfer of general property: There must be a transfer of general property as distinguished from special property in goods from the seller to buyer. 5.Essential elements of a valid contract: All the essential elements of a valid contract must be present in the contract of sale as per Sec. 10 of the Indian Contract Act, 1872.

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Rights of an unpaid seller :

Against the BUYER personally: These are the rights which an unpaid seller may enforce against the buyer personally : 1.Suit for price : (a) Where property in goods have passed to the buyer and the buyer wrongfully neglects or refuses to pay for the goods, the seller may sue him for the price of the goods. (b) Where property has not passed and payable on a certain day irrespective of delivery and the buyer wrongfully neglects or refuses to pay such price, the seller may sue him for the price. 2. Suit for damages for non-acceptance : where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for non-acceptance. Damages will have to be paid. 3. Repudiation of contract before due date : where the buyer repudiates the contract before the date of delivery, the seller may either; (a) treat the contract as subsisting & wait till the date of delivery, or (b) he may treat the contract as rescinded / cancelled & sue for the damages for the breach. 4. Suit for interest : where there is a specific agreement between the seller & the buyer as to interest on price of the goods from the date on which payment become due, the seller may recover interest from the buyer. If however there is no specific agreement to this effect, the seller may charge interest on the price when it becomes due from such day as he may notify to the buyer. Against the GOODS: 1. A right of lien over the goods. A lien is a right to retain possession of goods until payment of the price. It is available to the unpaid seller of the goods who is in possession of them where; (a) the goods have been sold without any stipulation as to credit (b) the goods have been sold on credit but the term of credit has expired; (c) the buyer becomes insolvent. 2. Right of stoppage of goods in transit. The right of stoppage in transit is a right which can be exercised only if the goods are in transit. He has the further right of resuming possession of the goods as long as they are in the course of transit, and retaining possession until payment or tender of price. Transit comes to an end when : the buyer or his agent obtains delivery of the goods. 3. Right to RESELL the goods : If the un paid seller has possession of goods, and the buyer has defaulted in payments, the seller is not expected to keep the goods for an indefinite period DUE TO perishable in nature. Hence, when the seller has given due notice and since the goods are perishable in nature, he has the right to resell the goods. A proper notice to buyer must be given relating to his intension to resell. 4. Right to withhold delivery of goods if the goods were not delivered. When the property or delivery of goods has not yet passed to the buyer, the unpaid seller has a right to with hold delivery of the goods.

Implied Conditions:
1.Condition as to title : In a contract of sale there is an implied condition on the part of the seller that (a) In case of sale, he has a right to sell the goods, and (b) in the case of an agreement to sell, he will have a right to sell the goods at the time when the property is to pass.

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2.Sale by description : Where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description. If the sale is by sample as well as by description, the goods shall correspond both with the sample and the description. 3.Condition as to quality or fitness : The condition as to quality or fitness is implied where (a) the goods sold are such as the seller deals in the ordinary course of his business (b) the buyer relies on the sellers skill or judgement as to the fitness of the goods for any particular purpose ; and (c) the buyer expressly makes known to the seller that he wants the goods for that particular purpose. 4.Condition as to merchantability : Where goods are bought by description from a seller who deals in goods of that description, there is an implied condition that the goods shall be of merchantable quality. Where the buyer has examined the goods, there is no implied condition as regards defects which such examination ought to have revealed. 5.Condition implied by custom : An implied condition as to quality or fitness for particular purpose may be annexed by the usage of trade. 6.Sale by sample : In the case of a contract for sale by sample there is an implied condition (a) that the bulk shall correspond with the sample in quality (b) that the buyer shall have a reasonable opportunity of comparing it with sample. 7.Condition as to wholesomeness: In the case of eatables and provisions, in addition to the implied condition as to merchantability, there is another implied condition that the goods shall be wholesome.

(3) NEGOTIABLE INSTRUMENTS ACT, 1881.

The word negotiable means transferable by delivery and instrument means a written document by which a right is created in favour of some person or persons. Thus, negotiable instrument means a written document which creates a right in favour of somebody & is freely transferable. The term negotiable instrument as such is not defined in the Negotiable Instrument Act, 1881, but Section 13, of the Act gives its meaning. According to it, a negotiable instrument means a promissory note, a bill of exchange or a cheque. Thus, this Act recognises only three instruments as negotiable instrument. But it does not prohibit to include other instruments in the category of negotiable instrument which satisfy the conditions of negotiability. These conditions are : a. b. c. The instrument should be freely transferable either by delivery or by endorsement & delivery. The person, who gets or obtain in good faith & for value, gets it free from all defects & its entitled to recover the money of the instrument in his own name. Eg. D.D., Shares, Bearer Debentures, Treasury bills, Railway receipts, etc.

Presumptions to Negotiable Instruments : 1. for Consideration: that every negotiable instrument, was made or drawn for consideration, and that every such instrument, when it has been accepted, endorsed, transferred for consideration. 2. as to date: that every negotiable instrument bearing a date was made or drawn on such date. 3. as to time of acceptance: that every accepted bill of exchange was accepted within a reasonable time after its date & before its maturity.

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4. as to time of transfer: that every transfer of a negotiable instrument was made before its maturity 5. as to order of endorsement: that the endorsements appearing upon negotiable instrument were made in the order in which they appear thereupon. 6. as to stamps: that promissory note or bill of exchange were duly stamped. 7. as to a holder in due course: that every holder of a negotiable instrument is a holder in due course.

Holder in due course.

The holder in due course means any person who became the payee or endorsee of the instrument before the amount mentioned in it becomes payable. In both the case, he must receive the instrument without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title. In other words, holder in due course means a holder who takes the instrument for value and before it is overdue, and without any notice of defects in the title of person, who transferred it to him. Thus a person who claims to be holder in due course is required to prove that: 1.on paying a valuable consideration, he become the possessor of the instrument if payable. 2.he had come into the possession of the instrument before the amount due is actually payable. 3.he had come to possess the instrument without having sufficient cause to believe that any defect existed in the title of transferor from whom he derived his title.( He must hold it in good faith.) 4.he has the right to receive or recover the amount that is due.

SEC. 138 : DISHONOUR OF CHEQUE ( FOR INSUFFICIENCY OF FUNDS), etc

Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for a term which may be extended to two years or with fine which may extend to twice the amount of the cheque, or with both.

Parties to a Negotiable Instrument :

A. Promissory Note : 1. Drawer/ Payer, B. Cheque : 1. Drawer, 2. Payee/ Drawee, ( 3. Holder : Payee or Endorsee.)

2. Drawee,

3. Payee,

( 4. Holder : Payee or Endorsee.)

C. Bill of Exchange : 1. Drawer / Payee, 2. Drawee / Acceptor, ( 3. Holder : Payee or Endorsee.)

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4. THE COMPANIES ACT, 1956.

Types of companies :

Stages of company formation :

1. Promotion Stage :

The persons who conceive the company and invest the initial funds are known as the promoters of the company. The promoters have certain basic duties towards the company formation. Its a thinking stage regarding size, operation, type, location, product, etc 2. Incorporation by Registration Stage : The promoters must make a decision regarding the type of company i.e a public company or a private company or an unlimited company, etc.. and accordingly prepare the documents for incorporation of the company. In this connection the Memorandum and Articles of Association (MA & AA) are crucial documents to be prepared.
A. Memorandum of Association of a company :

It is the constitution or charter of the company and contains the powers of the company. No company can be registered under the Companies Act, 1956 without the memorandum of association. The Memorandum of association should be in any of the one form specified in the Tables B,C,D and E of Schedule 1 to the Companies Act, 1956. Contents of Memorandum :
1.

The Memorandum of association of every company must contain the following clauses : Name clause : The name of the company is mentioned in the name clause. A public limited company must end with the word 'Limited' and a private limited company must end with the words 'Private Limited'. Domicile clause : The state in which the registered office of company is to be situated is mentioned in this clause. Company must affix or paint its name and address of its registered office on the outside of the every office or place at which its activities are carried on in. The name must be written in one of the local languages and in English. Objects clause : This clause is the most important clause of the company. It specifies the activities which a company can carry on and which activities it cannot carry on. The company cannot carry on any activity which is not authorised by its M.A.

2.

3.

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5.

The amount of share capital with which the company is to be registered is divided into shares and will specified in this clause, giving details of the number of shares and types of shares. A company cannot issue share capital greater than the maximum amount of share capital mentioned in this clause without altering the memorandum. It is also called as Authorised Capital of the co. Association clause : A declaration by the persons for subscribing to the Memorandum that they desire to form into a company and agree to take the shares place against their respective name/signature of promoters.

B.

Articles of Association :

The Articles of Association (AA) contain the rules and regulations of the internal management of the company. The AA is nothing but a contract between the company and its members and also between the members themselves that they shall abide by the rules and regulations of internal management of the company specified in the AA. It specifies the rights and duties of the members and directors. It contains detail rules which will help in running the company. The provisions of the AA must not be in conflict with the provisions of the MA. In case such a conflict arises, the MA will prevail and will be supreme.
Registration of the Company :

Once the above documents are prepared, stamped and signed, they must be filed with the Registrar of Companies for incorporating the Company.
Certificate of Incorporation :

Registrar of Companies will issue Certificate of Incorporation of the Company. This document is the birth certificate of the company and is proof of the existence of the company. Once this certificate is issued, the company cannot cease its existence, unless it is dissolved by order of the Court.
3. Commencement of Business Stage :

A private ltd. company or a company having no share capital can commence its business immediately after it has been incorporated. However, a public limited companies can commence their activities only after they have obtained Certificate of Commencement of Business. For this purpose, the following additional formalities have to be complied with :If a public company having share capital and has issued a prospectus, then : (a) Shares upto the amount of minimum subscription must be allotted. (b) Every director has paid to the company on each of the shares which he has purchased. (c) A statutory declaration in Form 19 signed by one director or company secretary.

Director :
Directors are agents of the Company in transactions they enter into on behalf of the Company, though they are not agents for individual shareholders or members. A director may be an employee, a servant or even a "worker" of the Company. He occupies the position of a trustee, in respect of the Companys properties and funds. Directors liability arises because of their position as agents or officers of the Company as also for being in the position of trustees or having fiduciary relation with the Company or its shareholders. Appointment, Retirement, Duties, Liabilities, Limit of Director..

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Meetings of the Board of Directors : Board to meet at least once in every three calendar months and at least four such meetings shall be held in every year. ( Notice, Quorum, Minutes.) Annual General Meeting AGM : This yearly meeting is the single event whereby shareholders are able to gather and ask the board of directors questions pertaining to corporate health and strategy. Proper notice must be given to shareholders with regards to meeting times and agenda. An Annual General Meeting, commonly referred to as an AGM, is a formal meeting which is held once a year. It is a legal requirement. Special or Extra-ordinary General Meeting EGM : A meeting other than the annual general meeting of shareholders, is usually called on short notice and deals with an urgent matters is called as EGM and is also known as a Special General Meeting or an Emergency General Meeting Accounts and Audit : Compulsory maintenance of accounts and of audit. Winding Up of Co. : Two types : 1. Voluntary winding-up.

2. Compulsory winding-up by court.

5. THE CONSUMER PROTECTION ACT, 1986.

Introduction : Twenty-one years back, United Nations adopted important guidelines for protection consumers interest on 9th April 1985 and all the countries were expected to take suitable legislative measures. Accordingly, Indian Legislature passed The Consumer Protection Bill, 1986 for better protection of the interest of consumers and the Consumer Protection Act came into force. AIMS AND OBJECTS OF THE ACT : (a) The Act is basically passed to protect the interests of the consumers. (b) In order to protect the interests of the consumers, to make provision for establishing necessary consumer and other authorities/courts. (c) The Act intends to seek speedy and simple redressal to consumer disputes through a quasi-judicial machinery set up at the District, State and Central levels and are authorized to impose penalties for non-compliance of orders given by them. Following are the rights of consumer - as per Section 6 of the Act : 1. A consumer has the right to be protected against the marketing of goods and services which are hazardous to life and property. 2. A consumer has the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services as the case may be so as to protect himself against unfair trade practices. 3. A consumer has a right to be assured, wherever possible, access to a variety of goods and services at competitive prices.

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4. A consumer has a right to be heard and to be assured that consumers interests ill receive due consideration at appropriate forums/courts. 5. Education to consumers is a very important right. If the consumers are given the knowledge of the availability of legal remedies, the legal system may function properly and consumers can protect their interest in a better way. CONSUMER : Consumer is any person who: 1. Buys any goods for a consideration, which has been paid or promised to pay or partly paid and partly promised to pay, or under any system of deferred payment. 2. Hires or avails of any services for a consideration which has been paid or promised to pay or partly paid and partly promised to pay or under any system of deferred payment. GOODS : According to Consumer Protection Act of 1986, goods mean goods as defined in the Sale of Goods Act of 1930. means every kind of movable property SERVICE : A very comprehensive definition of the word service is given. service means service of any description which is made available to users and includes, banking, financing, insurance, transport, processing, supply of electrical or other energy, boarding or lodging or both, construction of houses, entertainment, amusement or the purveying of news or other information, but it does not include rendering of any service free of charge or under a contract of personal service. CONSUMER DISPUTE : A consumer dispute is very important from the view point of the Consumer Protection Act, If there is any dispute between the consumer and manufacturer or trader, as the case may be, the consumer gets the right to seek remedy or filing the complaint under the Act. COMPLAINT / COMPLAINANT : The word complaint implies allegation or formal accusation. The intention of filing a complaint should be to obtain a relief under the consumer protection act. complaint means any allegation in writing made by a complainant that: 1. An unfair / restrictive trade practice has been adopted by trader or service provider. 2. The goods bought or agreed to be brought suffer from one or more defects. 3. The services hired or availed or agreed to be hired suffer from deficiency. 4. A trader or the service provider, has charged a price in excess of the MRP price. CONSUMER DISPUTES REDRESSAL AGENCIES / COURTS : For carrying out the objects and purposes of the Act, a three-tier system of Consumer Disputes Redresal Agencies has been provided as per Section 9 : (a) A Consumer Disputes Redressal Forum known as the District Forum established by the State Government in each district. (b) A Consumer Disputes Redressal Commission known as the State Commission established by the State Government in every State. (c) A National Consumer Disputes Redressal Commission called as National Commission ( one national commission.)

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( M.Com, MMS, MPM, LL.B, C.S.(Int.), D.T.L, D.B.M, D.L.L, D.I.R, D.I.Psy.)

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JURISDICTION OF THE DISTRICT FORUM : So far as monetary jurisdiction is concerned, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and compensation, if any, claimed does not exceed rupees twenty lakhs. Every district has its own Dist. Forum. Complaint can be filed: (a) At the place where each or all opposite parties reside; or (b) They carry on the business, or (c) At the place where the cause of action arises. FINDINGS / ORDER OF THE DISTRICT FORUM [Sec. 14] After the proceeding , the Forum shall issue an order to the opposite party directing him to do one or more of the following : 1. To remove the defect pointed out by the appropriate laboratory from the goods. 2. To replace the goods with new goods of similar description which shall be free. 3. To return to the complainant the price / charges paid for. 4. To pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party. 5. To remove the defects or deficiencies in the services. 6. To order discontinuance the unfair trade practice or the restrictive trade practice. 7. Not to offer the hazardous goods for sale. 8. To stop manufacture of hazardous goods and to desist from offering such services. 9. To issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement. THE STATE COMMISSION : The district forums as well as the state commission are constituted in each state. But the district forums are at the base level while next in hierarchy is the state commission. Following types of jurisdiction have been conferred on the state commission: (a) Monetary jurisdiction - Complaints where the value of the goods/services and compensation claimed exceeds rupees twenty lakhs but does not exceed rupees one crore. (b) Appellate jurisdiction - Appeals against the orders of any district forum within the state. Any person aggrieved by an order made by the state commission may prefer an appeal against such order to the national commission within a period of 30 days of the order. THE NATIONAL COMMISSION : The National Consumer Disputes Redressal Commission is known as National commission has Monetary jurisdiction where the value of the goods or services and compensation, if any, claimed exceeds rupees one crore. National commission has the power to entertain appeals against the orders of any state commission. CONTENTS OF A COMPLAINT : The complainant in person or his agent has to present his complaint as mentioned below : 1. The name, description and the address of the complainant. 2. The name, description and the address of the opposite party or parties. 3. The facts relating to the complaint and when and where i.e. time and place it arose. 4. Documents in support of the allegations contained in the complaint. 5. The relief that the complainant claims.

Only for I.I.P.M. Students.

By : Prof. Rumy Mehta.

Legal Systems. MBA.

Page no. - 13 -

( M.Com, MMS, MPM, LL.B, C.S.(Int.), D.T.L, D.B.M, D.L.L, D.I.R, D.I.Psy.)

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Appeal to the Supreme Court [Sec. 23] Any person aggrieved, may make an appeal to the Supreme Court against the order passed by the National Commission within 30 days from the date of the order.

6. Cyber Law / Info. Tech. Act, 2000

The act is applicable for all online, internet, cyber and computer related crimes and its effective regulations and control. It provides for legal recognition of electronic data and communication in any form or medium or technology. Digital Signature : Since online or internet based transaction and documentation cannot have physical signature on paper, a digital signature has to be OBTAINED from a registered authority as per law and use it for such cyber transaction to authenticate the documents, cheques, papers, agreements that are online and on net. It any person mis-uses or does any illegal activity concerning online, internet or cyber related, then he shall be punishable under this act which may be a jail term as well as fine. Many Govt. agencies and Tax Dept. are now using digital data and records and encourage citizens to file online documents, payments and returns.

7. Intellectual Property Rights.

There are specific three types of I. P. R.s as per laws and acts in India : 1. Patents Act, 1970. amended in 2005. 2. Trade Mark Act, 1958. amended in 1999. 3. Copyrights Act, 1958. amended in 1999. It deals with the protection to the owner and inventor of his intellectual property with legal rights including movable property / things, immovable things, creation of property by using human mind and intellect. Like : literature work, art, music, phonogram, industrial design, service mark, scientific discovery, etc PATENT : It is an exclusive right given to the owner to control use of his own creation and give legal permission to use his design, product, service, procedure, etc.. and can demand price for the same from the user. Generally patent mark registration is valid for 20 years from registration date, and extendable after re-application. TRADE MARK : It helps in distinguishing goods or services of a mfr. or service provider. Trade Mark can consist of words, letters, numbers, sign, color, picture, design or mix of all. It serves as medium of advertisement and quality. Generally trade mark registration is valid for 10 years from registration date, and extendable after re-application. COPYRIGHT : Its importance came up when printing industry started to grow. It gives authority and right to the owner of any form of written, programme, sound, film or musical form to refrain others from copying it and mis-using his creation. Generally its registration

Only for I.I.P.M. Students.

By : Prof. Rumy Mehta.

Legal Systems. MBA.

Page no. - 14 -

( M.Com, MMS, MPM, LL.B, C.S.(Int.), D.T.L, D.B.M, D.L.L, D.I.R, D.I.Psy.)

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is valid for 10 years to 50 years as per type and rules, from registration date, and extendable after re-application. The amendments in 1999 and 2000 came in due to international convention and agreements under T.R.I.P.s ( Trade Related Intellectual Property Rights.) Such persons registering under I.P.R. protection can legally get ROYALTY for allowing others to use his intellectually developed own creation and help control its use.

8. Environmental Control Laws.

Environmental control = pollution control and its reduction is the main intent of these laws which are classified into : 1. Air Pollution Control Act, 1981. ( including noise pollution control.) 2. Water Pollution Control Act, 1974. Industries and Business usually pollute air, water and noise and hence a comprehensive rules to regulate, control, prevent and reduce such pollutions. There are Central as well as State level Pollution Control Boards to effectively control and monitor pollution primarily by the industry and business houses. The Govt. Authority has Rights and Powers to enter and inspect any business premises and obtain information and take samples and get analysis report thereby directing such polluting unit owner or imposing fines for the same.

(9)

Right To Information Act, 2005.

Throughout the world, around 75 countries have now adopted such regulations for providing easy access to public information and a right to ask for information from public authority or govt. or govt. bodies / institute. Before 2005, Maharashtra Govt. and few more State Govt. had their own and respective State R. T. I. Laws. When a central R.T.I. Act was passed in 2005, all these State Laws were deleted and R.T.I. Act, 2005 was effective all India basis. All public authorities, agencies, companies, bodies must provide at prescribed rates, copy of any such documents as asked for or can inspect any such documents at the office. Every such public authorities must appoint one officer called as P.I.O. = Public Info. Officer who shall provide info., copies, documents as applied for in writing. If the P.I.O. fails to give info on time, he will be punished with fine as per the Act. Information Commissioners are also appointed to listen to the appeals of the public in case of failure of P.I.O. to give info as applied in writing.

P.T.O.

Only for I.I.P.M. Students.

By : Prof. Rumy Mehta.

Legal Systems. MBA.

Page no. - 15 -

( M.Com, MMS, MPM, LL.B, C.S.(Int.), D.T.L, D.B.M, D.L.L, D.I.R, D.I.Psy.)

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ALL THE BEST AND GOOD LUCK.

Please see next sheet for the Students Lions Club form.
Following are the requirements : ( Plz fill up only ur details..) 1. One photo. 2. Any photo I. Card proof. ( License, Passport, Election Card, etc) 3. College proof ( I. Card or Fee rect. or Bonafied certi. or College letter, etc) 4. Cash of Rs. 2,000/- as one year membership fees : AS YOUR DONATION.

STUDENT MEMBER CERTIFICATION FORM

The application below must be completed and certified by the district governor, guiding Lion or club secretary before the Student Member Program dues discount will be applied. Lions Club Name: _______________________________________________________________________________________________ Lions Club Number: (If known) _____________________________________ District: _______________________________________ Member Status: I New Member I Existing Member Gender: I M I F Member Number (If existing): ___________________________________

Date of Birth: __________/__________/____________ (Required) MM DD YYYY

________________________________________________________________________________________________________________ First Name Last Name ________________________________________________________________________________________________________________ E-mail Address Please check and complete the appropriate category: I Student (Through Age 30) School Name: _________________________________________ Anticipated Graduation Date: _________/_________ Enrollment: ID CS TR BL OT I Student Over Age 30 (Joining a Campus Club) School Name: _________________________________________ Anticipated Graduation Date: _________/_________ Enrollment: ID CS TR BL (Circle key code, see below) OT

Age: DR SC BC PP OT (Circle key code, see below) Students through age 30 joining a Lions club receive a charter/entrance fee waiver and pay only half international dues. Students joining a new Campus Lions club, or a club with a majority of student members, must prepay US$19.50 to cover one year of international dues. Key Codes Proof of Enrollment ID - Student Identification Card CS - Class Schedule TR - Transcript BL - Bill OT - Other

Students over age 30 and joining a Campus Lions club or campus club branch pay a reduced charter/entrance fee of US$10. Regular international dues apply.

Verification of Age DR - Drivers License SC - State Identification Card BC - Birth Certificate PP - Passport OT - Other

Certification By signing this form, you are certifying that you are the current district governor, guiding Lion or club secretary and have verified the above member is a student. Additionally, if the said student is a charter member of a new Campus Lions club, or club with a majority of students, you confirm that prepayment of dues (US$19.50) is enclosed for each student.
(Please print)

District Governor, Guiding Lion or Club Secretarys Name: ______________________________________ Date: _____________________ District Governor, Guiding Lion or Club Secretarys Signature: ___________________________________

For the purpose of LCIs Student Member Program dues provision, eligible members are as follows: 1. Student (Through Age 30) Students are individuals enrolled in an educational institution and between the age of legal majority and through age 30 joining any type of Lions club. Students are eligible to receive a charter/entrance fee waiver and pay only half international dues (US$19.50), through age 30, upon completion of the Student Member Certification Form. Students of new Campus Lions clubs, or clubs with a majority of student members, are required to prepay one year of international dues (US$19.50) and submit with the charter application. 2. Student Over Age 30 (Joining a Campus Club) Students over age 30 and joining a Campus Lions club or campus club branch pay a reduced entrance/charter fee of US$10. Regular international dues apply.

Key points to remember when filling out the Student Member Certification Form: The Student Member Form must be submitted with the charter application for new clubs or with the Monthly Membership Report (MMR) for existing clubs, otherwise full charter/entrance fees and international dues will be charged. Certification may also be completed online using the WMMR for students through age 30. All information requested must be provided, otherwise certification will be delayed. Date of birth is required. Key codes are provided so as to facilitate accurate and consistent reporting of 1) enrollment in an educational institution and 2) document verifying age.

Campus Lions Club International Dues Structure Charter Fee (New Club) Students through the age of 30 US$0 Entrance Fee (Existing Club) US$0 International Dues

US$19.50 (Prepaid for new clubs)

Students over age 30 (In a Campus Lions club or campus club branch) Non-student faculty, staff, alumni, community members, etc.

US$10

US$10

US$39

US$30

US$25

US$39

Charter club send with application to: Membership Programs and New Clubs Marketing Department Lions Clubs International 300 W. 22nd Street Oak Brook, IL 60523 USA Fax: 630.571.1691 E-mail: newclubs@lionsclubs.org

Existing clubs send with Monthly Membership Report to: Club Officer and Record Administration Department Lions Clubs International 300 W. 22nd Street Oak Brook, IL 60523 USA Fax: 630.571.1687 E-mail: stats@lionsclubs.org

STU-5 6/10