BAILMENT as per INDIAN CONTRACT ACT,1872

“Bailment”, “bailor” & “bailee” defined [Section 145]: Bailment is the delivery of goods, by one person to another, for some purpose, upon a contract that they shall, when the purpose is accomplished,be returned or otherwise disposed of, according to the instructions of the person delivering them. Bailor is the person delivering the goods. Bailee is the person to whom the goods are delivered. When a person, already in possession of goods belonging to another, contracts to hold them as bailee, he becomes the Bailee and the owner becomes Bailor, even though the goods may not have been delivered by way of bailment.

The essentials of bailment are:-

(1) Contract: Bailment may be express or implied.

(2) Delivery of the goods: Bailment involves delivery of possession of goods by bailer to bailee.

(3) Possession: Only possession in goods (and not ownership) is transferred.

(4) Modes of delivery [Section 149]: Delivery may be actual or constructive. Actual delivery is made by physically handing over the goods. Constructive or symbolic delivery means doing something which has the effect of giving delivery. e.g, delivery of railway receipt, handing over the key of car etc.

(5) Purpose: The delivery of goods must be for a certain purpose.

(6) Return of goods: The goods must be returned after the purpose in accomplished

(7) Consideration: The consideration is generally in the form of money payment either by the bailor or bailee. The detriment suffered by the bailor, in parting with possession of the goods, is a sufficient consideration to support the contract of bailment.

Duties of bailor are as follows:

(1) To disclose faults in goods [Section 150]:

–In case of gratuitous bailment: Bailor is bound to disclose known faults to bailee. If do not disclose then he may liable to bailee for damages from such non-disclosure.

–In case of non-gratuitous bailment: Bailor is liable for damages whether or not he was aware of the existence of faults.

(2) To bear expenses:

-In case of gratuitous bailment: Bailor shall repay all necessary expenses incurred by bailee for the purpose of bailment.

-In case of non-gratuitous bailment: Bailor is liable only extraordinary expenses, and not the ordinary expenses.

(3) Indemnify bailee for loss in case of premature termination of gratuitous bailment [Section 159]:

Bailor has the right to terminate the gratuitous bailment even it is for particular period. In such a case, Bailor has to indemnify the bailee the excess of loss over benefit.

(4) Indemnify bailee for loss when bailor’s title is defective [Section 164]: Bailor is responsible to the Bailee for any loss which the Bailee may sustain by reason that the Bailor was not entitled to make bailment.

Example: A lends an old discarded motor cycle to B gratuitously for 3 months. B incurs 500 on its repairs. If A asks for the return of the motor cycle after 1 month, he will have to compensate B for expenses incurred by B in excess of the benefit derived by him.

(5) Receipt of goods back on termination of bailment: When bailee returns the goods in accordance with the terms, the bailor should receive them. If the bailor refuses to accept goods tendered by

bailee, he shall compensate the bailee for all necessary and incidental expenses incurred by him in keeping the things in good condition.

Duties of bailee are as follows:

(1) To take care of goods (Sections 151 & 152): The bailee is bound to take care of the goods bailed to him as a man of ordinary prudence. If bailee takes care of goods bailed as man of ordinary prudence then he will not be liable if there is loss to goods.

(2) Not to make unauthorized use of goods [Section 153]: Bailee shall act in conformity with the terms of contract of bailment. Where he does any act with regard to the goods bailed, inconsistent

with the terms, the contract becomes voidable at the option of bailor. The bailee cannot set up an adverse title against the bailor.

(3) Compensation for damage to goods [Section 154]: Bailee shall use the goods according to terms and conditions of bailment. Where he does not use so and as a result, the goods suffer damage, he

shall duly compensate the bailor.

(a) Not to mix goods bailed with his own goods

(b) With bailor’s consent (Section 155): Where the bailee, mixes the goods bailed with his own goods, with the bailor’s consent, both of them shall have interest in proportion to their shares in the mixture produced.

(c) Without bailor’s consent: If the goods in the mixture:

-Can be separated [Section 156]: Property in the goods remains with the respective parties. Bailee bound to bear the expenses of separation or division, and also of any damage arising from the mixture.

-Cannot be separated [Section 157]: Bailee shall compensate the bailor for the loss of his goods.

(4) Return of the goods bailed [Section 160]: Bailee shall, without demand, return the goods bailed to the bailor, or deliver it according to his instructions. Such delivery shall be made as soon as the time for which they were bailed expires, or the purpose for which it had been bailed is accomplished.

(5) Compensation for failure to return [Section 161]: Where by the fault of the bailee, goods are not returned at the proper time and place. Bailee shall compensate bailor for any loss, destruction or deterioration of such goods from that time.

(6) To return any accretion to goods [Section 163]: If there is any profit or increase from goods bailed shall be delivered by the bailee to the bailor.

Example: A gives a cow to B. Cow has calf. B should deliver cow as well as calf.

(7) Delivery of goods to joint bailors [Section 165]: When goods are owned and bailed by joint owners, and in the absence of contract to the contrary, the bailee shall deliver them back to one of join owners, or according to the directions of one joint owners without the consent of all.

SIVASAGAR: LAND OF HISTORY AND HERITAGE

Sivasagar was the capital of the mighty Ahoms, who ruled Assam for more than six hundred years till the advent of British. The town, dedicated to Lord Shiva- its name literally meaning “the ocean of Shiva” is strewn with tell-tale ruins of a powerful empire. The most remarkable landscape of the town is the 280 years old Sivasagar tank comprising 129 good acres. Although situated within the heart of the town, the water level of the lake is above the level of town. On its bank are three temples- the Shivadol, the Vishnudol and the Devidol- all three built by Queen Madamika, wife of Shiva Singha in the year 1734. The Shivadol is believed to be the highest Shiva temple in Assam.

PLACES TO EXPLORE

RANG GHAR

Rang Ghar also known as “Colosseum of the East” the towering and expansive Rang Ghar stands tall in Sivasagar. The two storied oval shaped amphitheater was constructed by Ahom King Swargadeo Pramatta Singha (1744-1751) in the 18th Century and served as a pavilion from where royal and dignitaries watched various sports and games like buffalo-fight, cock-fight, wrestling and races, etc held in the Rupshi Pathar- the vast field in front of it.

KARENG GHAR AND TALATAL GHAR

A seven storied palace having three storeys underground known as Talatal Ghar and upper storeys known as Kareng Ghar built by Swargadeo Rudra Singha (1696-1714) stand majestically at 4 kms away from Sivasagar town. A well planned brick-wall compound, which housed the royal court and offices, as well as the strategic military headquarters of the Ahom Kingdom. It also had two underground tunnels from Talatal Ghar connecting Dikhow River and Gargaon Palace which were subsequently closed by East India Company.

GARGAON PALACE

Gargaon, the principal towns of Ahoms, built by the XV the king, Suklengmung in 1549, lies 13 kms east of Sivasagar. The old Palace was destroyed and the present seven palace was rebuilt around 1762 by King Rajeswar Singha.

NAMDANG STONE BRIDGE

The bridge, a cut out from a single rock over the Namdang river, 12 kms from Sivasagar town was constructed by workmen brought from Bengal during the reign of Swargodeo Rudra Singha in 1703. Today, the National Highway 37 passes over the bridge.

JOYSAGAR TANK

Considered as the largest man-made in India, the Joysagar Tank is an example if human excellence. Encompassing an area of about 318 acres, the tank was built by Swargadeo Rudra Singha (1696_1714) in the memory of his mother “Joymoti Kunwari” who was tortured to death by their enemies because she would not reveal her husband’s where-abouts, who later ascended the Ahom throne as Gadadhar Singha.

GAURISAGAR TANK AND TEMPLE

The Gaurisagar tank was built by Queen Phuleswari Devi (1722-1791) and was dedicated to Goddess Durga. It is 150 acres under water and on its banks stand the Devidol, Sivadol and the Vishnudol temples. Gaurisagar is only 12 kms from Sivasagar.

PANIDEHING BIRD SANCTUARY

A rich wetland Eco-system of 33.93 sq. km situated on the southern bank of river Brahmaputra in the Sivasagar district. This bird sanctuary is a paradise of migratory and resident birds; so far 165 species of birds have been identified and recorded.

ALSO VISIT: Rudrasagar Tank and Temple, Ajan Pir Dargah Sarif, Ramkhapith Devaloy and Pahugarh.

NONI: INDIAN MULBERRY

Botanic name of Noni is Morinda Citrifolia. It is also called Indian Mulberry. It is an Ayurveda plant, found near the seas where temperature is below 25 degree Celsius. The noni tree is an evergreen shrub, up to 20 ft (6 m) tall, that grows in tropical areas of the South Pacific, including Australia, Malaysia, the West Indies, India, Vietnam, etc. Its branches and trunk are coarse, tough wood, and the leaves are glossy, oval, and dark green. Year-round, the tree yields a small fruit, which is cream-colored and about the size of a small potato. The noni fruit is noted for its bitter taste, unpleasant smell, and reportedly strong healing properties. It is very good for health. Noni has been in use from the bygone era. Noni is a great natural detoxifier. Today about 40 University are researching on Noni fruit and till now 164 nutrients have been found in it.

Noni has more than 150 nutrients. Compared to pineapple, Noni has 40 times more enzymes. It boost the immunity system. It is beneficial for health.

Noni is a rich source of vitamins B1, B2, B3, B5, B6, B12, C, E folate, beta, carotene and minerals such as calcium, potassium, magnesium, iron and phosphorus. Noni has Anti- oxidant, Anti-bacterial, Anti- inflammatory and Anti-wrinkle properties. It is a powerful food for cells and maintains the cell count. People of all ages can drink it. Noni juice is a strengthening drink that keeps the stress away, stimulates serotonin and endofrin, effects mood and emotions.

USES OF NONI

1.Noni contains fibers.

2.It is beneficial in reducing pressure on the intestine. It has vitamins and minerals which protects our intestine.

3.It prevents increase of tumor, due to which it helps in fighting with the cancer.

4.People suffering from Asthma should take Noni juice everyday in the morning and evening.

5.Noni juice works like an insulin and helps to regulate sugar levels.

6.Noni juice helps in making body disease free.

7.Intake of noni juice is beneficial in skin disease like eczema.Various parts of noni plant have been used to treat skin problems such as acne, water retention, inflammation and others. Noni contains anthraquinone which has anti-wrinkle properties, and thus, can slow down the aging process of skin. Noni juice has goodness of antioxidants which helps to fight against free radicals and thereby, prevents cell damage.

8.Noni reduces the effect of wine.

9.Noni regulates blood cholesterol levels.

10.Noni juice has shown positive effects in protecting heart health by improving the blood flow in the arteries. It also helps in regulating blood pressure which definitely helps in maintaining heart health.

11.Noni is effective in stress, pain in urine, leucorrhoea and periods.

12.Noni helps to increase memory power.

13.Noni is beneficial for every problem related to hair like baldness,dryness of hair and also good for growth of hair.

14.Useful for arthritis and joint pain.

15.Improves the nervous system.

16.As an effective anti-oxidant keeps the poisonous elements and pollution away.

17.Noni juice boost the Immunity System.

18.It helps to detoxify the body.

SWEAT EQUITY SHARES

Sweat Equity Shares [Section 2(88)]: Sweat equity shares means equity shares issued by a company to its directors or employees at a discount or for consideration, other than cash for providing know-how or making available rights in the nature of intellectual property rights or value additions, by whatever name called.

Issue of sweat equity shares [Section 54]: A company can issue sweat equity shares, of a class of shares already issued, if the following conditions are satisfied:

(1) The issue has been authorized by a special resolution passed by the company in the general meeting.

(2) Such special resolution should clearly specify:

-Number of shares

-Current market price

-Consideration and

-Classes of directors or employees to whom such equity shares are to be issued.

(3) At least 1 year should have elapsed from the date on which the company was entitled to commence business.

(4) A company whose shares are listed on a recognized stock exchange issuing sweat equity shares should comply with the SEBI (Issue of Sweat Equity) Regulations, 2002.

(5) A company whose shares are not so listed should comply with the Companies (Share Capital & Debentures) Rules, 2014. The rights, limitations, restrictions and provisions as are for the time being applicable to equity shares shall be applicable to the sweat equity shares issued and the holders of sweat equity shares shall rank pari passu (on an equal footing) with other equity shareholders. (Section 54 (2)). Register of Sweat Equity Shares [Rule 8 (14) of the Companies (Share Capital & Debentures) Rules, 2014]: The company shall maintain a Register of Sweat Equity Shares in Form No. SH. 3 and shall forthwith enter therein the particulars of issue of sweat equity shares. The Register of Sweat Equity Shares shall be maintained at the registered office of the company or such other place as the Board may decide. The entries in the register shall be authenticated by the Company Secretary of the company or by any other person authorized by the Board for the purpose.

Provisions of the Companies (Share Capital & Debentures) Rules, 2014 relating to sweat equity shares are as follows:

(1) Explanatory statement to contain certain particulars [Rule 8(2)]: The explanatory statement to be annexed to the notice of the general meeting shall contain the prescribed content like the date of the board meeting reasons or justification for the issue: the class of shares under which sweat equity shares are intended to be issued; total number of

shares, etc.

(2) Validity of special resolution [Rule 8(3)]: The special resolution shall be valid for making the allotment up to period of 12 months.

(3) Limits on issue of sweat equity shares [Rule 8(4)]: The company shall not issue sweat equity shares for more than 15% of the existing paid up equity share capital in a year or shares of the issue value of 5 Crores, whichever is higher. The issuance of sweat equity shall not exceed 25% of the paid up equity capital at any time.

(4) Lock-in-period [Rule 8(5)]: The sweat equity shares issued to directors or employees shall be locked in for a period of 3 years from the date of allotment and this fact shall be stamped in bold on the share certificate.

(5) Valuation Aspects [Rule 8(6) & (7) & (81] The sweat equity shares to be issued shall be valued at a price determined by a registered valuer as the fair price giving justification for such valuation. The valuation of intellectual property rights or of know how or value additions shall be carried out by a registered valuer. A copy of the valuation report shall be sent to the shareholders with the notice of the

general meeting.

(6) Sweat equity shares and compensation aspects [Rule 8(11) & (12)]:

(i) If the sweat equity shares issued pursuant to no acquisition of an asset. The accounting value (fair value) of sweat equity shares shall be treated as a form of compensation to the employee or the director in the financial statements.

(ii) If the shares are issued pursuant to acquisition of an asset: The value up to valuation report shall be carried in the balance sheet as per the Accounting Standards and such excess value over the value as per valuation report shall be treated as a form of compensation to the employee or the director in the financial statements of the company.

(7) Disclosure in Board’s Report [Rule 8(13)]: The details of issue of sweat equity shares shall be disclosed in the Directors Report for the year.

(8) Maintenance of Register [Rule 8(14)]: The company shall maintain a Register of Sweat Equity Shares in Form No. SH. 3. The Register shall be maintained at the registered office of the company or such other place as the Board may decide. The entries in the register shall be authenticated by the Company Secretary or by any other person authorized by the Board.

LIFTING OF CORPORATE VIEL

When seven or more person in case of public company and two or more person in case of private company forms a company as per provisions of Companies Act, 2013 they are clothed with corporate personality and there association known by the name of the company. However, sometime this veil of corporate personality is used for some dishonest and fraudulent purpose in that case Court will look into reality and remove the corporate veil.

In the following case the courts have lifted the corporate veil-

(1) Prevention of fraud and misconduct: Where the medium of a company has been used for committing fraud or improper conduct, the Courts have lifted the veil and looked at the realities of the situation. Gilford Motor Co. vs. Horne [1933] Ch 935: In this case ‘Horne’ had been employed by the company under an agreement that he shall not solicit the customers of the company or compete with it for a certain period of time after having its employment. After ceasing to be employed by the plaintiff, ‘Horne’ formed a company which carried on a competing business and allotted whole of its shares to his wife and an employee of the company, who were appointed to be its directors. It was held that since the defendant (Horne) in fact controlled the company, its formation was a mere ‘cloak or sham’ to enable him to break his agreement with the plaintiff. Accordingly, an injunction was issued against him and against the company he had formed restraining them from soliciting the plaintiff’s customers.

(2) Company acting as agent: Where the company is in reality an agency or trust for someone else and the corporate facade is used to cover up that agency or trust. Re. FG Films Ltd. (1953) 1 All E.R. 615: FG films wanted Monsoon registered as a British film. It applied to be declared as the ‘maker’ under the Cinematography Films Act 1936-1948. The Board of Trade refused because it was made by the American Film Group Inc. The American company had promised to finance and provide facilities to the UK company for making the film. 90 shares were held by an American director and 10 by a British one. No shares were held by the third director, who was British. The film was made in India. It was held that the film could not be considered British made, even though the company owning the

rights was a UK company.

(3) Protection of public policy: Where the doctrine conflicts with public policy, Courts have lifted the corporation veil for protecting the public policy. Connors vs. Connors Ltd. (1940) 4 All E.R. 179: In this case the principle was applied against the managing directors he made use of his position contrary to public policy. In this case house of Lord determined the character of company as enemy company, since the person who de facto in control of its affairs where resident of Germany, which was at war with England at that time.

(4) Enemy character of company: Court will lift the corporate veil if the company has enemy character. Daimler Co. Ltd. vs. Continental Tyre & Rubber Co. Ltd. AIR 1927 Bombay 371: A Company was incorporated in London for the purpose of selling tyres manufactured in Germany by a German Company. Its majority shareholder and all the directors were Germans. On declaration of war between England and Germany in 1914, it was held that since both the decision making bodies, the Board of Directors and the general body of shareholders were controlled by Germans, the company was a German company and hence, an enemy company. Accordingly, the suit filed by the company to recover a trade debt was dismissed on the ground that such payment would amount to travelling with enemy.

(5) Evasion of taxes: Where the veil has been used for evasion of taxes and duties, the court upheld the piercing of the veil to look at the real transaction. [Re. Dinshaw Maneckjee Petit A.I.R. 1927 Bombay 371]

(6) To protect labour welfare legislation: Where the purpose of company formation was to avoid the welfare legislation, the Court will lift the corporate veil. Where it was found that the sole purpose for the formation of new company was to use it as a device to reduce the amount to be paid by way of bonus to workman the Supreme Court upheld the piercing of the veil to look at the transaction. [Workmen of Associated Rubber Industries Ltd. vs. Associated Rubber Industries Ltd. A.LR. 1986 SC 1]

(7) Use of corporate veil for hiding criminal activities: Where the defendant used the corporate structure as a device to conceal his criminal activities (evasion of customs and excise duties), the Court could lift the corporate veil and treat the assets of the company as the realizable property of the shareholder.

(8) To punish for contempt of Court: [Jyoti Limited vs. Kamwaljit Kaur Bhasin 32 (1987) DLT 198].

NEW TEHRI: UTTARAKHAND

NEW TEHRI

New Tehri is a modern town spread over an altitude from 1,550 mts. to 1,950 mts. above sea level, overlooking the gigantic lake and the Tehri Dam. The ruins of Old Tehri lie under water today. The newly established township is the district headquarters of Tehri Garhwal, a modern and well planned town, only 11 kms. from Chamba & 24 kms from Old Tehri.

SIGHTSEEING

TEHRI DAM

Tehri Dam is one of the world’s largest hydro electric projects harnessing waters of two important rivers of the Himalayas namely Bhagirathi and Bhilangana

DEVPRAYAG

Situated at the confluence of the Alaknanda and the Bhagirathi rivers, the town of Devprayag lies at an altitude of 472 ints, and about 64 kms away from New Tehri. Near the town there are two suspension bridges one over the Bhagirathi and the other over the Alaknanda. Devprayag is one of the five sacred Prayags (confluences) of the Alaknanda. Tradition has it that the town is named after Deosharma, a sage, which led a life of penance here and succeeded in having a glimpse of God.

CHAMBA

Chamba happens to be a focal point, being located at the junction of roads leading from Mussoorie, Rishikesh, Tehri and New Tehri, 60 kms. from Mussoorie and 48 kms. from Narendra Nagar on the road to Gangotri. Chamba is a township lying high at an altitude of 1676 mts., offering a splendid view of the snow capped Himalayas and the serene Bhagirathi valley. The Chamba-Mussoorie fruit belt is also famous for its delicious apples.

KANATAL

Kanatal is a hamlet built around numerous hills, a locale which personifies the romantic aura of Tehri district located on the Chamba-Mussoorie highway 35 kms from Tehri Garhwal. With a spectacular view of the snow-covered hills and green forests, Kanatal is situated nearly 300 kms. from Delhi at an altitude of over 8500 feet (2590 metres). The natural beauty of Kanatal allures many tourists every year.

SURKANDA DEVI

Surkanda Devi is a Hindu temple situated close to the small resort hamlet of Dhanaulti in Tehri District. It lies at an altitude of about 2,757 meters, or 9976 ft. and is close to nearby hill stations of Dhanaulti (8 kms) and Chamba (22 kms.) and walking distance of approx 3 kms. from Kaddukhal, the place where vehicles are parked. It is surrounded by dense forests and affords a scenic view of the surrounding region including the Himalayas to the North. The Ganga Dussehra festival is celebrated every year between May and June and attracts many tourists.

CHANDRABADNI

Chandrabadni is a mountain (2.277 ents. above sea level). On the border of Devprayag and Pratapnagar is the well known temple of Chandrabadni Devi, at the top of the mountain about 10 kms. north of Kandi Khal (on the Devprayag Kirti Nagar road). The legend says that the torso of Sati fell here and her weapons got scattered all around the place. Thus, even today a huge number of iron Trishuls (Tridents) and some old statues can be seen lying around the revered temple of Chandrabadni.

Chandrabadni commands a beautiful view of the Sirkanda, Kedarnath and Badrinath peaks. The temple is very small and contains a Shri-Yantra carved out on a flat stone instead of an idol. Traditionally, a cloth canopy is tied to the ceiling over this Shri-Yantra once a year by a Brahmin priest who is blindfolded. Road distance from Tehri Dam to Maa Chandrabadni Temple is 86 kms.

ALSO VISIT: Narender Nagar, Sem Mukhem, Budha Kedar and Kunjapuri.

DOCTORINE OF HOLDING OUT &amp; DOCTRINE OF FEEDING THE GRANT BY ESTOPPLE

DOCTRINE OF HOLDING OUT

General rule regarding the transfer of property is that no one can transfer a better title than what he himself possesses. However, Section 41 of the Transfer of Property Act, 1882 makes an exception to this rule. Thus, transfer made by the ostensible owner of the property is valid subject to condition specified in Section 41. This Section is a statutory application of the law of estoppel. An ostensible owner is one who has all the indicia of ownership without being the real owner.

Transfer by ostensible owner [Section 41]: Where, with the consent, express or implied, of the persons interested in immovable property, a person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be voidable on the ground that the transferor was not authorized to make it, provided that the transferee, after taking reasonable care to ascertain that the transferor had power to make the transfer, has acted in good faith

In simple words, if sale is made by ostensible owner for a consideration, then such sale is valid if transferee has taken reasonable care to see that transferor has power to make such sale.

Essential Conditions:

(1) Transferor is the ostensible owner.

(2) He is so by the consent, express or implied, of the real owner.

(3) Transfer is for consideration, and

(4) Transferee has acted in good faith taking reasonable care to ascertain that the transferor had power to transfer.

Examples:

(a) A made a gift of property to B but continued in possession of the gifted property. He purported to

exercise a power of revocation and then transferred the property to the defendant. The gift, however, was not revocable as it was an unconditional gift. B seeks to recover possession from the defendant. The defendant invoked protection under Section 41. In the given example, the donor is not an “ostensible owner” holding the property with the consent of the real owner. The defendant cannot, therefore, invoke the protection of Section 41.

(2) The manager of a point Hindu family consisting of some minor members alienated the ancestral house to P without any necessity and the alienee transferred it to the defendants. The minors challenged the alienation. The defendants sought protection under Section 41.

Here Section 41 has no application for “P was not the ostensible owner of the ancestral family house with the consent, express or implied, of the persons interested in the said ancestral house in as much as the plaintiff, had an interest in the said house, did not and could not by reason of the disability of infancy give their consent”.

DOCTRINE OF FEEDING THE GRANT BY ESTOPPLE

Transfer by unauthorized person who subsequently acquires (Section 43): Where, a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.

In simple words. If a transferor transfer the property of other which is is not entitled, then subsequently when he acquires the property, he will have to transfer the property to the transferee

Example: A, a Hindu who has separated from his father B, sells to C three fields, X Y ,Z representing that A is authorized to transfer the same. Of these fields Z does not belong to A, it having been retained by B on the partition, but on B’s dying A as heir obtains Z. C, not having rescinded the contract of sale, may require A to deliver Z to him.

DOCTORINE OF HOLDING OUT & DOCTRINE OF FEEDING THE GRANT BY ESTOPPLE

DOCTRINE OF HOLDING OUT

In simple words, if sale is made by ostensible owner for a consideration, then such sale is valid if transferee has taken reasonable care to see that transferor has power to make such sale.

Essential Conditions:

(1) Transferor is the ostensible owner.

(2) He is so by the consent, express or implied, of the real owner.

(3) Transfer is for consideration, and

(4) Transferee has acted in good faith taking reasonable care to ascertain that the transferor had power to transfer.

Examples:

(a) A made a gift of property to B but continued in possession of the gifted property. He purported to

DOCTRINE OF FEEDING THE GRANT BY ESTOPPLE

In simple words. If a transferor transfer the property of other which is is not entitled, then subsequently when he acquires the property, he will have to transfer the property to the transferee

WHAT IS GIFT UNDER TRANSFER OF PROPERTY ACT, 1882

“Gift” is the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person called the donor, to another called the donee and accepted by or on

behalf of the donee. Such acceptance must be made during the life time of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.

Essentials:

(1) There must be a transfer of ownership.

(2) The subject matter of gift must be a certain existing movable or immovable property.

(3) The transfer must me made voluntarily.

(4) It must be done without consideration.

(5) There must be acceptance by or on behalf of the donee, and such acceptance must be made during the lifetime of the donor and while he is capable of giving.

The essence of a gift is that it is a gratuitous transfer.

According to Section 123, a gift of immovable property must be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses. A gift of movable property may be made by a registered instrument or by delivery of property.

Revocation of gift: A revocable gift is one which may be revoked by the donor at any time. It is to be noted that a gift cannot be revoked at the will and pleasure of the grantor. If the revocation of gift depends upon the mere will or pleasure of the donor, then such a gift is void. But on the other hand, if the condition is one which does not depend on the will or pleasure of the donor, the gift can be revoked on the happening of such condition.

Example

(a) A gives a field to B, reserving to himself, with B ‘s assent, the rights to take back the field in case B and his descendents die before A, B dies without descendents during A’s lifetime. A may take back the field.

(b) A gives a lakh of rupees to B, reserving to himself with B’s assent the right to take at leisure 10,000 rupees out of one lakh. The gift holds goods as to 90,000 rupees but is void as to 10,000 rupees which continues to belong to A.

Case Study

(1)It was held by the Privy Council, that while registration is a necessary solemnity for the enforcement of a gift of immovable property, it does not suspend the gift until registration actually takes place, when the instrument of gift has been handed over by the donor to the donee and accepted by him, the former has done everything in his power to complete the donation and to make it effective and if it is presented by a person having necessary interest within the prescribed period the Registrar must register it. Neither death nor the express revocation by the donor, is a ground for refusing registration, provided other conditions are complied with . (Kalyan Sundaram Pillai vs. Karuppa Mopanar AIR 1927 PC 421)

(2)Delay in registration of a gift does not postpone its operation Section 123, Transler of Property Act, 1882 merely requires that donor should have signed the deed of gift. Hence a gift deed can be registered even if the donor does not agree to its registration. (Kalyas Sandarum Pillai Karuppa Mopanar AIR 1927 PC 42); (Venkats Rana Reddy Pilian Raina Reddy AIR 1973 Mad. 282).

Difference between Private Company, Public Company and One Person Company

PRIVATE COMPANIES

1.Private company requires minimum number of two members and maximum number of 200 members.

2.The liability of each member or shareholders is limited. It means individual assets of the shareholders are not at risk.

3.The company keeps on existing in the eyes of law even in the case of death, insolvency, the bankruptcy of any of its members.

4.The maintenance of index of members is not necessary in case the number of members of the company is less than fifty.

5.Private company needs minimum of two directors, to come into existence and start its operations.

6.There is no minimum capital requirement.

7.In private company there is no need to issue prospectus, as the prohibits any invitation to the public to subscribe for any securities of the company.

8. It is mandatory for every private company to use the word “private limited” after its name.

PUBLIC COMPANY

1.The board of the Public company comprises of a minimum number of three members and maximum of 15. The company may appoint more than 15 directors after passing special resolution.

2.Shareholder liability for the loses of the company is limited to their share contribution only. This is what makes it a separate legal entity from its shareholders.

3.A public company has a minimum of seven members and maximum has no limit.

4.The shares of listed public company are easily transferable between its members and people trading in the stock exchange.

5.A public limited company is not affected by death of one of its shareholders, but the shares are transferred to the next kin of such deceased shareholder and the company continues to run its business as usual.

6.Public companies are strictly regulated and are required to publish their complete financial statements annually.

7.Public limited companies enjoy an increased ability to raise capital since they can issue shares to the public through the stock market. They can also raise additional capital by issuing debentures and bonds through the same market from the public

8.The public company should have word limited in its name.

ONE PERSON COMPANY

1.It is a company which has only one person as member.

2.It is type of a private company

3.To incorporate one person company the natural person should be an Indian citizen and resident in India.

4.Natural person who is an Indian citizen and resident in India shall be a nominee for the sole member of a One Person Company.

5.A natural person shall not be a member of more than One person Company at any point of time and the said person shall not be a nominee of more than a One Person Company.

6.Where a natural person being member in One person Company in accordance with this rule becomes a member in another such company by virtue of his being a nominee in that One Person Company, such person shall meet the eligibility criteria specified in sub rule (2) within a period of 180 days.

7.No minor shall become member or nominee of the One Person Company or can hold share with beneficial interest.

8.Such company cannot be incorporated or converted into a company under section 8 of the Act.

9.Such company cannot carry out Non-Banking Financial Investment activities including investment in securities of any body corporate.

Top 5 tourist places in Odisha

The time when Britain-China clashed over India's Opium -> Opium War 1840

It was in June 1840 when a fleet of British warships went to China’s Pearl River Delta and started war. The security system of China’s coastal areas was weak. China could not last long in front of this British attack and it knelt down.

This was the first Opium War in which thousands of people were killed and that too in the name of free trade. The opium trade in China was a profitable business but it was also illegal. Two Scottish men were involved in this business and both played a major role at the start of the war.

William Jardine was a doctor by profession and also a businessman.

From Tea to Opium :

After the first meeting in a Chinese brothel, another businessman named James Matheson became William’s partner. In 1832, the two together formed Jardine, Matheson and Company, headquartered in Canton, southern China. The canton is now known as the Ganzhou of China.

Foreigners were allowed to do business only in this area of China. They used to trade opium instead of tea. There was a great craze for tea in Britain. By the end of the 18th century, Britain was importing 6 million pounds of tea from the canton every year.

Business in Silver :

But soon Britain started facing problems in this business because China’s condition was that it would take only silver as the price of tea. Britain offered things like carved utensils, scientific instruments and woolen cloth as the price of the tea. But China refused to take it.

Qian Long, the then emperor of China, wrote in a letter to King George III, “We have all those things and are of better quality. I do not value such useless things and we have no use for things made in your country.”

Smuggling of Opium :

In the span of fifty years, Britain paid China the equivalent of 270 million pounds of silver, and in return could only sell them 9 million pounds of goods. This tea coming from China for Britain gradually started becoming expensive and they did not see any other way to make money there.

At least legally it was so. But British businessmen in India saw it as an opportunity. Opium was grown on a large scale in the Bengal region. Although opium was banned in China, opium has been used in Chinese medicine for thousands of years.

Ban in China :

But by the time of the fifteenth century, Chinese people started using it for intoxication by mixing it with tobacco. Soon a large section of Chinese society became addicted to opium and fell into its grip. Its social side effects also started coming to the fore. The victims of opium addiction started selling their valuables for it.

In 1729, Emperor Yongzheng of China completely banned the sale and sale of opium and its use as a drug. But after a hundred years had passed, the craze for opium of the Chinese had not diminished in the slightest and the British started exploiting their addiction.

Eastern Part of India :

By the year 1836, 30,000 boxes of opium started reaching China every year from India. Jardine, Matheson & Company held a quarter of this business. By breaking the government order banning opium in China, Britain had found a way to increase its income from China.

According to Professor Jan Carroll of the University of Hong Kong, “The British realized that opium is grown in the eastern region of India and that smuggling it into China can make a lot of profit.” And this was made easy for Britain by the coastal position of Canton city of China.

China’s action :

Professor Jan Carroll said, “They easily carried opium in small boats to the shores of the canton. There was always someone there to help them on the shore. From an economic point of view, it was making a lot of profit.”

But breaking the law of Britain in this way did not remain hidden for long. In 1839, Emperor Daoguang of China declared war on drugs. An order was given to launch a raiding campaign against Western businessmen.

British Government :

Warehouses located in the 13 Factories area of Canton were raided and sealed by Chinese troops. The Chinese forced the foreign businessmen to surrender. In this action of China, goods worth 2 million pounds were confiscated. It also had 20,000 boxes of opium and 40,000 opium pipes.

Following this seizure, Pershan left for London from William Jardine Canton, where he pleaded with the British Foreign Minister, Lord Palmerston, to retaliate against China. Opium played a major role in the British’s revenue from India, so it did not take long for the British government to decide to send a navy to China.

China’s Defeat :

In June 1840, Britain sent 16 warships and 27 ships to China’s Pearl River Delta. There were 4000 people on these ships. The fleet also had the iron warship Nemesis, on which rocket launchers that could be fired up to two miles were stationed.

Although the Chinese were ready for this attack, they did not have the ability to counter the British power. His cannon could last only four to five hours in front of Britain. For the next two years, the British Navy started moving through the Chinese coast towards Shanghai.

Treaty of inequality :

Most of the Chinese soldiers were victims of opium addiction and were defeated everywhere. There were 20 to 25 thousand Chinese casualties in this war while Britain lost 69 soldiers. After this war, China was completely shaken. In August 1842, on HMS Cornwallis near Nanking, the British signed an agreement with the Chinese, which the world knows as the ‘Equal Treaty’ or ‘Treaty of Equality’.

China had to open five ports to foreign trade and paid 201 million silver dollars to Britain as damages caused by the opium trade and the war. Britain got possession of Hong Kong from this treaty, which was to be used to increase the opium trade in China.

Plight of Victim in Criminal Justice System

(Photo: The Daily Guardian)

You want to report,
but that could get your family in danger… And if you snitch on a real gang
leader…. they can get you bad… [The] police don’t have your back unless
you’re like someone on the news or whatever, and they will kind of give you
witness protection. But that doesn’t happen in the real world.

–FEMALE,
SACRAMENTO

The expression
‘victims of crime’ has been defined in section 2 of the code of criminal
procedure, 1973. Initially, the criminal justice system in India was focused on
punishment as part of the crime without much attention on the suffering of
victims of crime. The rights of prisoners were protected even after their
conviction whereas little concern was shown for the rights of victims of crime.
Though there is a wealth of data on victims of reported crime nationally, as
well as various services and programs intending to meet their needs, there
remains a dearth of clear information on how to interrupt cycles of violence
and the persistence vulnerability that keeps such an overwhelming percentage at
high risk of experiencing more crime.

However, with the
emergence of public interest litigation, the higher courts’ attention was drawn
to this lacunae in the existing criminal justice system by social activists,
and the courts started granting compensatory relief to victims of crime, but
comprehensive legislation on this aspect of criminal justice was still awaited.
In recent times, among the many reforms canvassed for improving the criminal justice
system is the one that advocates a victim orientation to criminal justice
administration. Though there are some provisions under the Indian constitution
and some sections in the code of criminal procedure, 1973 to protect the rights
of the victims and for providing compensation, the criminal courts at the lower
level in India have ignored those provisions for a long time and not utilized
them during their sentencing processes.

Victim plays an
important role in the criminal justice system but his or her welfare is not
given due regard by the state instrumentality. Thus, the role of high courts or
the supreme court in our country in affirming and establishing their rights
holds much importance. “Tears shed for the accused are traditional
and trendy but has the law none for the victim of crime, the unknown martyrs“?
This remark by the Hon’ble Justice VK Krishna Iyer aptly describes the plight
of victims in the criminal justice system in our country. The victim is almost
a forgotten entity in the criminal system rather the irony is that the victim
sets the wheel of justice moving by giving information to the state
instrumentalities without which the entire system would collapse.

“Victims
should come first“…

It is of
course an indisputable fact that victims of crime have long been a forgotten
group, a group that suffered for centuries not only from society’s neglect but
also from the exploration of their rightful dias by the state. It is also true
that they had their conflicts stolen by professionals and by the criminal
justice system. However, the exceptional speed with which they were
rediscovered and their cause adopted by the politicians, let alone the
political climate that prevailed at the time of their rediscovery, is bound to
raise questions about the real interests and motives behind what has been
portrayed as a genuinely humanitarian and disinterest cause.

A comprehensive
legal code for victim compensation is a dire necessity. The time has come for
the legislature to stop shirking its duty. Hence, a comprehensive legal code
should be enacted providing for fair treatment, assistance, and adequate
compensation to victims of crime. Only on embarking on this step can justice in
its more altruistic forms be obtained. It should be made mandatory for the
state to pay compensation to the victims of the crime of not only the private
criminal wrongs but also for the criminal acts perpetrated by its agencies.
This mandatory duty of the state gains importance from two points of view
namely as a welfare state committed to the constitutional goal of social
justice and secondly, for its failure to protect the life, liberty, and
security of its citizens.

Therefore, I would
like to conclude with this quote-

“Too
much money…. often resulted in further crimes which were fatal to innocent
victims who need not have been victims if justice had been put first and mercy
second.”

–Agatha Christie

How Psychology has affected my life?

by Shashikant Nishant Sharma

(Photo: EduAdvisor)

It takes the
innocence out of everything. You don’t see love (or any other feeling) as love
but dig deep to uncover a subconscious need. Of course, that usually turns out
to be true, in which case it worsens the lack of spontaneity. A psychologist
will define it or forever be in pursuit of the meaning behind it. Some people’s
brains are like that. They’re good at it. But nobody likes to be under a
scanner all the time. It’s unnerving.

Psychology softens
one’s understanding of oneself. But the same distance or unattached
empathy has to be maintained to achieve that. At first, psychology and its
study is a way to answer personal conflicts. Studying psychology has affected
and taught me to recognize and check my biases. I used to think that I was fair
and unbiased in how I viewed other people and myself. I have learned about
various psychological errors and biases which made me realize how wrong I was.

Psychology is all
about observing how we behave and why behave that way in every situation of our
life. It changes your way of approaching a problem or situation drastically and
you can find a solution easily to any problem. It changed my way of thinking
and increased my maturity level to better standards. Now I’m able to receive
people as they are without judging them and able to find out the root causes of
my emotional problems and carefully editing my emotions.

It’s an old saying:
“For the world, a psychologist is crazy; for a psychologist, the
whole world is crazy.” This is so true. We consider a psychologist as
a mental. We fail to understand the benefits which we can derive from a
psychologist or simply by studying psychology. In today’s world of rush, it’s
hard to keep yourself calm and your mind in peace. Psychology helps you to deal
with that. So, it is very much needed in today’s world.

They say that
knowledge is power, and indeed it’s true that studying certain subjects gives
you an edge over others, and in life in general. Psychology proved to be one of
those. It helps in inculcating various skills that are relevant in today’s
world. Along with my problem, psychology has helped me in developing five major
skills which are: communication skills, critical thinking skills, insight into
people’s behavior skills, research skills, and understanding skills.

In a nutshell, a
mind is a powerful tool, and psychological insight can hone it into something
invincible. It has the power to change your perspective and outlook. It has the
power to change you into a better person. Studying psychology has proved to be
a blessing for my life and it has affected my life positively.

What's happening in Afghanistan?

Afghanistan is again under the control of the Taliban, a fundamentalist group that ruled the nation for five years before U.S.-led forces ousted them in 2001. Refugees fleeing the group’s ultraconservative brand of Islam have swelled the population of Kabul, the airport has been besieged by Afghans desperate to find a way out, and worries are spreading that the Taliban’s return might encourage Islamist movements elsewhere in Central Asia more than two decades after Osama bin Laden first sought refuge under their protection.

Q1) What is happening in Kabul?

Taliban forces entered the capital of Kabul on Aug. 15, effectively ending a 20-year effort by the U.S. and other Western nations to remodel Afghanistan as a modern democracy. They were buoyed in part by an agreement with the Trump administration in February last year for U.S. forces to leave the country, with President Biden subsequently setting Aug. 31 as the exit date. With Afghan government forces losing air cover and plagued by desertions, the Taliban quickly expanded their footprint before taking the last remaining cities, including Kabul.

Their arrival in the capital sparked panic. Afghans who worked with Western armed forces or agencies rushed to Hamid Karzai International Airport seeking a way out. Western embassies moved their staff to the airport, which is under U.S. military control. In chaotic scenes there, crowds of Afghans ran alongside military transport planes as they prepared for takeoff, with some people trying to cling to the sides of the aircraft. Afghans and Westerners stranded in Kabul trickled into the airport for evacuation, but entry remained difficult, with Taliban fighters manning checkpoints and no clear system to bring people in. On Friday, military personnel fired tear gas to control the crowds trying to get in to board evacuation flights and clear to space for families authorized to leave.

Q2) Why did Afghanistan’s capital fall so quickly?

Afghanistan’s national army and police forces, theoretically numbering 350,000 men and trained and equipped at huge cost by the U.S. and Western allies, were supposed to be a powerful deterrent to the Taliban. They were trained to match the way American forces operate, combining ground operations with air power and using aircraft to resupply far-flung outposts and collect intelligence.

But following Mr Biden’s withdrawal plan, the U.S. pulled its air support, intelligence and contractors servicing Afghanistan’s planes and helicopters. That meant the Afghan military couldn’t function anymore. In many instances, soldiers simply changed out of the uniforms into civilian clothes. Speaking at the White House on Aug. 16, Mr Biden said he stands “squarely behind” his decision to withdraw U.S. troops from Afghanistan, though he acknowledged that the Taliban took control far more quickly than he expected. He cast much of the blame on the Afghan military for failing to take up the fight with the insurgents.

The Taliban have put the three conditions before the people of Afghanistan – Either they accept Sharia law or leave Afghanistan or die. To all the readers of this very article, let’s pray for the safety of the people of Afghanistan.

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