FDI IN INDIA HURDLES GOING DOWN

FDI is becoming the hot cake in Indian Political arena, people who are on the right side and some are on the left side in support and protest. Certainly it is a great growth tonic for any economy, and India requires the stimulant for its current economic growth. According to Nomura report net FDI inflows to India could cross USD 30 billion marks this fiscal year.

Indian Government is aggressive to increase the FDI inflows in India. Way back government had opened the retail sector to FDI with economic relax process set in place by the Industrial Policy of 1991, in 1995 WTO General Agreement on Trade in Services, for wholesale and retailing services was the forwarding step. Year 1997 seems to be the mile stone when 100% rights allowed under the government approval route; in cash and carry. The escalation in the initiatives seen in the year 2011 and 2012 when 100% FDI in Single Brand Retail allowed, and on the very next year government allowed 51 percent foreign investment in multi-brand retail. Recently Consolidated FDI Policy (Effective from April 17, 2014), setting new horizon in FDI in India,  the Intent and Objective says 

“It is the intent and objective of the Government of India to attract and promote foreign direct investment in order to supplement domestic capital, technology and skills, for accelerated economic growth. The Government has put in place a policy framework on Foreign Direct Investment, which is transparent, predictable and easily comprehensible. This framework is embodied in the Circular on Consolidated FDI Policy, which may be updated every year, to capture and keep pace with the regulatory changes, effected in the interregnum.”

India is moving fast from restrictive FDI regime to liberal word. Resource, Equity, Execution, Banking, Insurance, Compliance, Infrastructure, and Transportation were barrier in Indian FDI, even   big firms in India were not permitted to retrench or layoff any workers, or close down the unit without the permission of the state government, now, States have been more reform-oriented and stringent regulations is going down.

Recently, pardhan mantra jan dhan yojna (PMJDY), is considered to be the Financial sector reforms, to strengthen the micro finance structure of Indian society.

The Foreign investors are optimistic to Indian market, due to rapid globalization of many industries and vertical integration but, to accelerate FDI flow in India, there are still needs for transparent sector oriented policies and a drastic reduction in time consuming re-tapism and an affirmative collaborative political approach is much needed.

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Juvenile Justice Act, is seeding the criminality into the mind of Juvenile

The participation of a minor in the terrible Delhi gang rape has sparked a question of the Juvenile Justice Act, including whether exceptions should be made depending on the crime or if the age of a juvenile itself should be lowered.

Children constitute the most vulnerable section of the society and are considered absolutely important assets of our Nation.

But they are “AT RISK”, the practice of Child Protection under the Juvenile Justice Act, is seeding the criminality into the mind of Juvenile, as they are conceiving the thought “NOTHING WILL HAPPEN, AFTER CRIME” or last resort would be rehabilitation to protect them from the criminal mindset.

The idea Juvenile has a right, and society has a special responsibility towards juvenile, are the reference of history, today the questions which are thrown up by the present critique of the Act are numerous and troubling. A juvenile is not only behaving in conflict with the law, but against the very nature of civil society, especially in the case of sexual abuse and other heinous offenses.

We must look at the degree of offense before interpreting the juvenile, it must be the level of maturity or cautiousness before executing the offense, and we must bear in mind that individuals commit crime because they freely choose to do so and have to take responsibility for their action. Since individuals are responsible for their actions this theory advocates that punishment is a way of deterring rational individuals from committing crime.

This is the high time we must not be emotional and advocate individuals commit crimes either because of biology, environmental factors or sociological factors, or they commit crimes for reasons often beyond their control and they should be cured of their disposition to commit crimes.

The individual does not commit crime again as suggested by sociologists, psychologists, doctors, social workers and other experts. 

Law with regard to such a complex area as the interface of children and the criminal law, we must seriously take into account the experiences, and recent incidents.

If a juvenile does commit such offenses, the juvenile must automatically be tried in an adult criminal court.

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Section 125, is designed to help the needy and not the greedy.

Where as the Section 125 of CrPC is meant for support of a women who is not able to support or maintain herself, in reality the same is being grossly misused by unscrupulous women at large.

Delhi High Court in Santosh Malhotra vs Ved Prakash Malhotra And Others, observed that women seems to be trying to abuse the benevolent provisions of Section 125 Cr.P.C. This Section is designed to help the needy and not the greedy. It is not meant for settling the personal scores, but it is experienced that it is often being misused.

The husband who is already fighting a false case of dowry and beating in the Supreme Court of India says “This clearly shows to what level women have gone to extort money from their husbands”.  A lot of the women are getting married just to immediately file false cases and getting their husbands arrested and then they ask for lots of money to settle the case. When are we going to have any law which protects the husbands against such erring wives who are misusing the law and harassing the husbands?”

Indeed the innocent husband is unnecessary burdened to face the trial of such false case. Even though by providing very strong remedies to the petitioner, amelioration of the weaker sex and women empowerment have been uppermost in the mind of the Parliament, everyone concerned should not forget that violence is not to be met by violence. It is very easy to misuse the provisions of the Act and gain an unfair advantage over the adversary. Such tendencies will ultimately turn out to be counter productive.

Andhra HC in 2002 – “….It is for the Law Commission and the Parliament either to continue that provision (Section 498 IPC) in the same form or to make the offence a non cognizable one and a bailable one so that the ill-educated women of this country and their parents do not misuse the provision, to harass innocent people for the sin of contacting marriage with egoistic women….” 

The current family court system has a thoroughly dissatisfying record. Over the last 17 years it has fostered intense anger, frustration and resentment over the continual misuse and abuse of its power and authority. It has become a system that has lost trust of the majority population regarding its capability to provide any kind of a fair and just forum for handling family disputes. Unless the present situation of the family courts is remedied, the women will be forced to continue to remain unsecured within their family and society.

Bibliography: Judgement of different high courts, report of women commission, etc.

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Overview of Share Holding Agreement

What is Share Holder Agreement

A shareholders agreement is a written agreement between the shareholders or partners of a business; it is ground rules of the relationship between the shareholders.

Indian Law and Share Holder Agreement

Shareholders’ agreements are not mandatory under Indian law. Shareholders’ agreements are binding only on the parties to the shareholders’ agreement and as it is a contractual arrangement between the parties

Benefits of a Shareholders' Agreement

It is a commonly use mechanism to regulate avoiding any disputes over the running of a business and its funding.

Main provisions, Clauses and Outline of Share Holding Agreement

 Parties to Agreement

The parties to a holders' Agreement are the shareholders of the corporation. Ideally, all holders will participate in the holders' Agreement.

Definitions and Interpretation Clause

To avoid any misinterpretation or minimize the dispute over a particular point, it is better to have definitions and interpretation clauses, which provide a straight and clear meaning, and in what manner it shall be interrelated of any word or phrases used in the agreement.

Structure of the senior executive team 

This clause defines the board of director, the size of the board, right and liability, restrictions on board, meeting of the board etc. 

Restrictions against Transfer

A provision that prohibits one of the shareholders from selling, transferring, or encumbering shares without the prior written consent of the other shareholders.

Right of First Refusal

This is an agreement between the existing shareholders whereby the shareholder wishing to sell to a third party must first offer the shares to the holder of the first refusal right. Rights of first refusal protect the Company and non-selling shareholders from sales of stock to unfriendly parties or competitors.

Buyout Rights

These give the company the right to redeem the shares of a certain shareholder in specific circumstances, such as withdrawal or death of the shareholder.

Purchase Price

A Shareholders Agreement will generally include some formula for valuing shares purchased. These formulas vary from fair market value determined by one or more appraisers, to book value, or no value, depending on the situation.

Valuation of Shares

The valuation of the Shares of the Company required to be determined under applicable Law in accordance with the method prescribed under the relevant regulations and notifications issued under.

Co-Sale Rights

These provisions can require that the price offered by the third party must exceed a certain threshold before the shareholders have the obligation to sell.

ESCROW ARRANGEMENT

To secure due performance of their obligations, with an escrow agent to be mutually agreed between the Promoter and Investors

NON-COMPETE UNDERTAKING

The Promoters agree shall not, without the prior approval of the Board and prior written approval of the Investors, directly or indirectly, including through an Affiliate or nominee, engage in or be involved in any business or commercial activity other than the Business of the Company. 

INDEMNITIES

The Company and the Promoter agree to jointly and severally indemnify, defend and hold harmless the Investors, respective Affiliates of the Investors, and their respective directors, officers, representatives, employees, managers and members  from and against any and all Losses.

DISPUTE RESOLUTION

The Parties agree to negotiate in good faith to resolve any dispute between them relating to the Transaction Documents.

CONFIDENTIALITY AND NON-DISCLOSURE

In companies where shareholders have different business interests, some being more active than others in the company, it is essential to include confidentiality clauses so as to protect the company from the release of commercial information to competitors or other outsiders.

Other General Provisions

NOTICES

Notice to other party how and in what manner it would serve, where and to whom it would serve, in case of dispute arises.

Entire Agreement

To prevent the parties to a contract being liable for statements or representations, made in the context of contractual negotiations, which are not incorporated into the agreement.The purpose of such clauses is clear - as a matter of commercial certainty, it is desirable that the entire agreement between the parties be contained in one easily accessible document.

Governing Law and Jurisdiction

In case of any dispute what laws are applicable and what would be the jurisdiction.

Effective Date

No Objection

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CRIMINAL TRIAL IN INDIA

Right move at the right time is the pivot of success in criminal proceedings, but for making a right move it is necessary to understand the criminal justice system (CJS).

TYPE OF CRIMINAL TRIAL

Under the Cr.PC, criminal trials have been categorized into three divisions having different procedures, called warrant, summons and summary trials.

1. Warrant Cases (WC): A warrant case relates to offenses punishable with death, imprisonment for life or imprisonment for a term exceeding two years. 

o       Two types of procedure follow in WC by Magistrate –

§        Instituted on Police Report (Upon Charge Sheet)

§        Instituted on Private Complaint ( Examination of Prosecution).

2. Summon Cases (SC): Relating to the offenses punishable with imprisonment not exceeding two years. In respect of summons cases, there is no need to frame a charge. The court gives the substance of the accusation, which is called “notice”, to the accused when the person appears in pursuance to the summons.

3. Summary Trial: Relating to the offenses punishable with a fine or imprisonment for a term not exceeding six months. In a summary trial, no sentence of imprisonment for a term exceeding three months can be passed in any conviction. 

Information of offense to

§        Police

§        Magistrate

Information to Police for Cognizable Offences ( cognizable office means where police can arrest the person without warrant) police are bound to registered the FIR u/s 154 Cr.P.C 

In case of non cognizable offices ( u/s 155 Cr.P.C) / incidences police registers the information but advice the complaint to approach the court / other legal mechanism for remedy.

Section 154 of Cr.P.C, binding on police to 

• Every information relating to the commission of Cognizable office , if given orally to an officer in charge of a Police Station shall:-

Ø     Reduced to writing.

Ø     Read over to the informant

Ø     The substance thereof shall be entered in a DD ( daily diary)

Ø     Provide a free copy of said record information to the informant 

What to do if Officer In charge of the Police Station Refused to Record the Information?

Any person, aggrieved by a refusal on the part of an Officer in charge of a Police Station to record the information u/s 154 of Cr. P.C, may send the substance of such information, in writing and by post to the Superintendent of Police Concerned, and also approaches to Magistrate u/s 156 (3) for directing the Police to lodge an FIR.

Complaint to Magistrate u/s 200 Cr.PC  

Upon receiving the complaint the Magistrate Examine the Prosecution ( Pre Summoning Evidence), and if found any offense is made out, order for investigation and further investigation into Police, after investigation Police file the Status Report before the Magistrate.

Investigation by Police

After the registration of FIR, police investigates the case, investigation includes, collecting the evidence, examination of various persons / accused and recording of  statement of the witness / accused, search and seizure, and, and discovery and arrest of the suspected offender it ends with the formation of the opinion as to whether on the material collected, there is a case to place the accused before a Magistrate for trial and if so, taking the necessary steps for the same by filing of a charge sheet under section 173 of Cr.P.C.     

Disclose Statement of Accused
The Statement (answers and explanations) given by the accused is entirely for the benefit of accused and the accused only. The statement cannot be used by the Court against him or her nor is the prosecution permitted to use to fill up any gap or lacuna left in the prosecution evidence.  (The Indian Evidence Act)

Bail

Following authorities are authorized to grant bail under Cr.P.C

• Police ( In case of bailable offenses)
• Court ( In bailable and Non bailable offense)

Charge Sheet  

The primary object of framing a charge is to give notice of the essential facts which the prosecution proposes to establish to bring home charge to the accused so that he will be able to defend and may not be prejudiced. 

The charge sheet is the brief summary of how an offense had been committed? What was the role of each person who was involved in the crime and the sections under which the investigating officer had charged all the accused. The charge sheet also contains the names of the person who were investigated but could not be charged due to what of evidence. Filing of the charge sheet generally means that the investigation in the case is over and now the court has to consider the evidence collected by the investigating agency. It is to be noted, that if during the course of the trial, some new facts come to the light, the agency may file additional / supplementary charge sheets.

At the stage of framing a charge, the court has to be satisfied only prima facie about the existence of sufficient grounds for proceeding against the accused. The court is not required to appreciate evidence to conclude whether the materials produced are sufficient for bringing home guilt of the accused

Column no 11 for Particulars of accused persons charge-sheeted.

Column no  12 for Particulars of accused persons – Not charge sheeted

Cognizance of Offense by Magistrate 

Taking cognizance does not involve any formal action or indeed action of any kind but occurs as soon as a Magistrate as such applies his mind to the suspected commission of an offense. Cognizance, therefore, takes place at a point when a magistrate first takes judicial notice of an offense. This is the position whether the magistrate takes cognizance of an offense on a complaint, or to a police report, or upon information of a person other than a police officer.

Framing of Charge / Argument on Charge

This is the beginning of a trial the court looks into the evidence collected by the investigating agency and applies its mind so as to what are the charges under which an accused has to be booked. For example, the police has filed a charge sheet accusing a person of murder under section 324, but the court deems it proper to charge the person for section 323.

Pleads guilty

At this stage, if an accused pleads guilty then the court will apply its judicial mind and decide the punishment accordingly. And if the accused pleads not guilty, he is informed the charges under which he would be required to face the trial.

Discharge of Accused

On the other hand, if the court finds that no offense against an accused is made out; the accused is discharged from the case.

Recording of the Prosecution Evidence

After the charge is framed, the prosecution has been asked to examine its witnesses before the court. 

Examination-in-chiefThe statement of witnesses is on oath. This is called examination-in-chief (The process of recording the statement of PWs.) 

Cross Examination

Interrogation of a witness called by one's opponent. 

Exhibit- The evidence which is brought before the court and which the court considers are called “Exhibit”. 

Statement of accused

The court has powers to examine the accused at any stage of inquiry or trial for the purpose of eliciting any explanation against incriminating circumstances appearing before it. However, it is mandatory for the court to question the accused after examining the evidence of the prosecution if it incriminates the accused. This examination is without oath and before the accused enters a defense. The purpose of this examination is to give the accused a reasonable opportunity to explain incriminating facts and circumstances in the case. 

Evidence of Defense

Accused also asked to lead his evidence. The accused person is also a competent witness under the law. The accused may apply for the issue of process for compelling attendance of any witness or the production of any document or thing. The witnesses produced by him are cross-examined by the prosecution.

The accused person is entitled to present evidence in case he so desires after recording of his statement. The witnesses produced by him are cross-examined by the prosecution.

Final Argument
Both the side argue to establish their case.

Judgment
After conclusion of arguments by the prosecutor and defense, the judge pronounces his judgment in the trial.

Arguments on sentence

Once a person is convicted of an offence, both the sides present their arguments on what punishment should be awarded to an accused. 

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Understanding of Hindu Marriage under Hindu Marriage Act 1955

Evolution of the Institute of Marriage

Pearl S. Buck said

“A good marriage is one which allows for change and growth in the individuals and in the way they express their love.”

For some reason, we have been thinking about that quote a lot during these past couple of days hearing arguments about domestic violence, and dissolution of institution of marriage. I personally believe that dissolution of marriage goes against the spirit of institution of marriage as it has been defined for several centuries as being between a man and a woman.

This got me thinking about history of the institution of marriage. Has the institution of marriage always been the same over the course of human history? Or has it been an institution that has evolved over time, as the understanding of human relations evolved?

concept of marriage

Hon'ble Judges:  Arijit Pasayat and Dalveer Bhandari, JJ  

In  Appellants: Smt. Mayadevi       vs.     Respondent: Jagdish Prasad

The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other's fault to a certain bearable extent has to be inherent in every marriage. Petty quibbles, trifling differences should not be exaggerated and magnified to destroy what is said to have been made in heaven. All quarrels must be weighed from that point of view in determining what constitutes cruelty in each particular case and as noted above, always keeping in view the physical and mental conditions of the parties, their character and social status. A too technical and hyper-sensitive approach would be counterproductive to the institution of marriage. The Courts do not have to deal with ideal husbands and ideal wives. It has to deal with particular man and woman before it.

Religious Validity

In Hindu’s religion system marriage treated as a holly bond or union between the two soul. It is not the union for the life but the coming life as well. Marriage treated as an essential Sanskaras and every Hindu must marry.

According to Satpatha Brahman- Wife is considered as Ardhangani. In addition, no religion duty can be fulfilled without wife or marriage. It has been treated that marriage is the tie, which cannot be untied.

Manu says- Husband and wife are united to each other not merely is this life but even after death

 Apasthamba says – marriage was meant for doing good deeds for attainment of Moksha.

Courts observations on Hindu Marriage

GOPAL KISHAN V/S MITHILESH KUMARI-

The institution of matrimony under the HINDU LAW is a sacrament and not a mere socio legal contract, it is not performed for mere emotional gratification in its context it is religious a husband and wife become one. The bride on the Seventh Step of the Saptapadi losses her original gothra and acquired the gotra of the bridegroom.

SHIVANANDY V/S BHAGAWANTHYAMMA

Marriage is binding for life because the marriage tie completed by Saptapadi and once it tie it cannot be untied. It is not a mere contract in which a consenting mind is indispensable.

Modernize view

Generally affirmed, though the Hindu Marriage Act has introduced fundamental changes in regard to divorce and judicial separation, it has maintained the basic feature of the marriage which is partly consistent with the provisions of ancient religious texts. Under the Act, Hindu Marriage is not a sacrament in the religious sense; but, nevertheless; it is founded on the basic moral postulates, as evidenced, for instance, by the continuance of the pre-existing requirement.

Muthusmi Vs. Mahalaxmi

 Marriage whatever else it is i.e. a sacrament or an institution, is undoubtedly a contract enters into for consideration with correlative rights.

HINDU MARRIAGE ACT 1955

We have already referred to the spirit underlying to Institution of Marriage is to give the social stability of humans needs.  While enacting this Hindu Marriage Act 1955, Parliament has taken care to preserve what it thought to be consistent with the spirit of modernism and social justice. It has also taken care to preserve what it thought to be the essential features of any fundamental proposition of Hindu law. In regard to marriage, for instance, it has preserved the requirement that the marriage should not take place between persons who are within the prohibited degree of Sapinda relationship, vide section 5 (iv) and (V). Similarly, it has preserved the requirement as to Saptapadi 

This Act has introduced some far reaching consequences which have undermined the sacramental character of marriage and rendered it contractual in nature to a great extant.

Section 5, 11 and 12 of this Act are pertaining provisions which deals whether marriage is a contract or sacrament.

Section 5 of HM Act 1955-  deals with the condition of Marriage.

Clause (ii) of Section 5 deals with the MENTAL CAPACITY.

Clause (iii) of Section 5 deals with the AGE OF THE PARTIES.

This means Age and Soundness of mind is the essential conditions of a valid marriage.

If we compare it with the SECTION 11 OF INDIAN CONTRACT ACT- it says-

The consent of minor or a person of unsound mind is void.

But the fact of the matter is that- Marriage of a person who is of unsound mind is a valid marriage under this act, not merely the violation of the requirements of clause (ii) & (iii) of Section 5 not render the marriage void.

THUS THE SECTION 11 OF IC Act IS NOT APPLICABLE TO MARRIAGE IF MARRIAGE REGARDED AS A CONTRACT.

U/S 12 OF HM Act 1955-  violation of Section 5 render the marriage merely voidable while U/ Law of Contract for want of capacity is totally vide. Thus HM Act does not consider the question of consent of much importance.

But the only concern is the consent is obtain by forced or fraud the marriage is voidable which follow the same line of IC Act 1872.

Section 9 Restitution of Conjugal Rights (Efforts to save the Institution of Marriage or Violation of Art. 21)

The leading idea of Section 9 of Hindu Marriage Act 1955 is a control mechanism to preserve the Institution of Marriage and maintain the social and economic stability, which is govern by the philosophy which deep routed in Hindu religious text. conjugal rights may be viewed in its proper perspective by keeping in mind the dictionary meaning of the expression "conjugal" as "of or pertaining to marriage or to husband and wife in their relations to each other"

In SARITA Vs. VENKAT SUBBAIAH it was decided that no spouse can be compelled to share a bed with other spouse. But in successive cases it was decided that a husband can have right to compel her of conjugal rights.

 Does it mean we are trying to establish the supremacy of Male over Female?

If the answer of above question is not in affirmative then Why the Legislature made a general provision in s. 9( 1) and then proceeded to control it rigorously by s. 9( 2)

Restitution of conjugal rights covers a very sensitive area in matrimonial relations and it seems to that it should be permissible for the party  resisting restitution of conjugal rights to satisfy the  court that restitution should not be granted on grounds, which may otherwise be reasonable, though they may  not satisfy the test prescribed by s. 9(2). lt is because courts felt that interpreting s. 9(2) as overriding s. 9(1) may lead to social injustice that they felt compelled in substance to ignore the provisions of , s. 9(2) and treat s. 9(I) as though it were independent of s. 9(2).

Thus Marriage not only under Hindu Marriage Act 1955, many High Courts and Supreme Court also observed that Marriage must be preserve. In any civilized and progressive society, marriage is an institution of great importance. It is the centre of a family which in turn, is a significant unit of the social structure. Children, who are born of marriage, also contribute to the stability of the institution of marriage. These factors are material and have to be taken into account; but in some cases, their validity cannot be over—estimated because, if the marriage which primarily concerns husband and wife is irretrievably broken, then collateral considerations about the significance of the marriage institution or about l the importance of children and their interest may have to play a subordinate role.

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Case Law Discussion - Suit for partition- Definition of ouster ( if it has not been proved)- what is the principle of deciding the court fee

I would like to thanks Jai Thakur (http://www.facebook.com/profile.php?id=617180617) who have share these information.
Below are the related case law for captioned subject.

• BABLI BRAR V/S ADESH KANWARJIT SINGH BRAR - HIGH COURT OF DELHI - 03 June 2011
  RAJ RANI & ANR V/S BIMLA RANI - HIGH COURT OF DELHI - 03 June
  PRAMOD KUMAR JAIN AND ANR V/S RAMESH KUMAR JAIN - HIGH COURT OF DELHI - 19 May 2011
  KRISHNA SAINI V/S CHAMELI DEVI & ORS - HIGH COURT OF DELHI - 16
  RANGAMMAL V/S KUPPUSWAMI & ANR - SUPREME COURT OF INDIA (FROM MADRAS) - 13 May 2011
  suit for partition
  HARJIT SINGH UPPAL V/S ANUP BANSAL - SUPREME COURT OF INDIA - 13 May 2011
  SURESH PRASAD AND ORS V/S SARYUG PRASAD AND ORS - HIGH COURT OF PATNA - 12 May 2011
  
  PREMA V/S NANJE GOWDA AND ORS - SUPREME COURT OF INDIA - 10 May 2011
• LEKH RAM V/S SHYAM LAL - HIGH COURT OF DELHI - 06 May 2011
  & Ors. decided on 09.5.2006, in a suit for partition of abadi land of village Mauzpur which by a ... dispossession. He filed a suit for permanent injunction. Injunction was not granted. The appeal ... suit property? OPP 3. Whether the plaintiff is entitled to relief for permanent injunction as prayed ... decree dated 10.09.2007 which had endorsed the finding of the trial judge whereby the suit filed by ... dispossessing the plaintiff from the suit land/interfering in his peaceful possession had been
  
  DHRUV KUMAR GUPTA & ANR V/S DWARKA NATH @ MAST RAM - HIGH COURT OF DELHI - 06 May 2011
  Subject : Civil, Constitution
  case titled as Radhey Shyam v. Sri.Kishan Dass? Suit No. 536/1968, for fixing the standard rent ... for partition between the respondents which was decided by a compromise decree. The grievance of ... contended that the suit property was partitioned on 7th April, 1993, much before filing of the ... asserted that the son of deceased Sh. Dwarka Nath namely Sh.Deepak Kumar had also filed a suit for ... - Saving of Inherent powers of Court(C) Delhi Rent Control Act, 1958 - Special
• HAFEEZA BIBI & ORS V/S SHAIKH FARID (DEAD) BY LRS & ORS - SUPREME COURT OF INDIA (FROM ANDHRA PRADESH) - 05 May 2011
  Subject : Civil, Property
  'plaintiffs' - filed a suit for partition against Mehboob Subhani, Mohammed ... -- defendant 2 -- contested the suit for partition. He set up the defence that Shaik Dawood ... previous suit for partition filed by some of the parties which was dismissed in ... (Hiba) - in question - partition suit filed - the trial Court recorded a categorical finding that ... registered may be received as evidence of a contract in a suit for specific
  
  SUDHA DEVI V/S CHINTAMANI AND ORS - HIGH COURT OF PATNA - 28 April 2011
  Subject : Civil, Family
  compelled the Plaintiff to demand for partition. The Defendants refused to partition the suit property ... the Plaintiff's suit for partition be decreed to the extent of 1/6th share. [15] On the other hand ... submitted that the simple suit for partition is not maintainable. There had already been oral family ... not been made party to the suit and, therefore, the simple suit for partition in absence of the ... been paid by the Plaintiff and, therefore, the suit for partition was not maintainable. The learned
  
  BACHAN KAUR AND ORS V/S KABAL SINGH AND ANR - HIGH COURT OF PUNJAB & HARYANA - 26 April 2011
  Subject : Tenancy
  except by filing a suit for partition. [7] Learned Counsel for the landowners have further argued ... long as the property has not been partitioned. He can alone maintain a suit for eviction of tenant ... -owners can alone and in his own right file a suit for adjustment of tenant and it is no defence open ... of the co-owners can file a suit for eviction of a tenant in the property generally owned by the co ... agency. One co-owner filing a suit for eviction against the tenant does so on his own behalf in his own.
• MANJUR ALI & ORS V/S HASIMUDDIN SHEIKH & ORS - HIGH COURT OF CALCUTTA - 26 April 2011
  Subject : Civil
  suit for partition against the petitioners before the learned Civil Judge (Senior Division), Malda. In that suit, the petitioners entered appearance on February 20, 2008 and prayed for time for filing ... plaintiffs/opposite parties herein instituted a suit for partition against the co-owners. The defendants ... ] Though, it is a suit for partition and everybody of the parties may be treated as plaintiff and ... Judge (Senior Division), Malda in Partition Suit No.258 of 2007 thereby not accepting the written
  
  PROBHAT BASAK & ORS V/S RANI SAHA & ORS - HIGH COURT OF CALCUTTA - 26 April 2011
  Subject : Civil
  Section 4 of the Partition Act is available when a suit for partition is filed and the stranger ... ) 61and thus, he submits that unless the suit for partition is instituted by the stranger purchasers in ... petitioners. [2] The short question involved in the suit is whether a suit for declaration of title ... parties herein instituted a suit being Title Suit No.258 of 1998 against the petitioners praying for ... through the materials on record, I find that in a single suit, the plaintiffs have prayed for decree
  
  LT COL SHEILESH JUNG (RETD ) AND ORS V/S RAKESH JUNG AND ORS - HIGH COURT OF HIMACHAL PRADESH - 20 April 2011
  Subject : Family
  -applicants (hereinafter referred to as 'non-applicants' for convenience sake) have filed detailed reply to the same. [2] Non-applicants have filed a suit for partition of the estate of late Sh. Chaudhary Pratap Singh and also for declaration to the effect that the sale deeds effected by applicants No. 1 to 12 were void and not binding on the Plaintiffs and for rendition of accounts. Issues were ... to 6, 8 to 10 and 24 (hereinafter referred to as 'applicants' for convenience sake) have preferred
  
  BIJENDRA KUMAR GUPTA V/S BIRENDRA KUMAR GUPTA - HIGH COURT OF PATNA - 19 April 2011
  Subject : Property
  filed Title Suit No. 190 of 1987 in the said Court for partition of the ancestral dwelling house ... both the earlier Title suits for partition, Sukhdeyi Devi was party. She filed written statement ... dismissed the suit with cost. [2] The Plaintiff-Appellant filed the application for grant of probate or ... dwelling house. Smt. Sudha Rani filed Title Suit No. 82 of 1984 in the Sub Judge 1st Munger for ... already been partition of the said dwelling house left by Rajendra Narayan. However, the said suit
  
  JANAK PRASAD AND ORS V/S STATE OF LATE SHIBU MAHATO AND ORS - HIGH COURT OF PATNA - 15 April 2011
  Subject : Property
  for partition being title suit No. 49 of 1989 in the Court of Sub Judge, Hilsa. An application for ... cause of action for the suit? (iii) Whether the deed of Will purported to have been executed by ... Respondent submitted that after filing partition suit by these Respondents, the Appellants have ... Shibu Mahato. These Respondents have also filed partition suit being title suit No. 49 of 1989 ... Mahato. In spite of the above facts, the probate case was filed after the said partition suit wherein it
  
  MER DHANIBEN WD/O DECD MER MALDE VAGHA & ORS V/S MER RUPIBEN VIRAM & ORS - HIGH COURT OF GUJARAT - 08 April 2011
  case relied upon would suggest that plaintiff in that case had filed suit for partition of ... shall be hereinafter referred to as per their original status in the suit, for the sake of convenience ... prayed for in the suit and they were entitled to recover possession of the disputed lands and ... partitioned by metes and bounds in the year 1974. 8.2 Mr.Shastri, learned counsel for the appellants ... the year 1974, when the partition took place, Viram Vagha would not have consented for partition of
  
  KRISHNA KUMARI V/S BINOD MISHRA AND ORS - HIGH COURT OF PATNA - 07 April 2011
  Subject : Civil, Family, Family , Property
  decreeing the Plaintiffs-Respondents' suit for partition. [2] The Plaintiff-Respondent Nos. 1 and 2 filed ... the Defendant No1 to partition the joint family property but he refused and, therefore, the suit for ... Mishra. The main defence is that the suit is bad for partial partition because the Plaintiffs have ... suit property ? (8) Are the Plaintiff entitled to a decree of partition as prayed for ? (9) To what ... in the impugned judgment. According to the Appellant the suit is bad for partial partition because.
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when does an agreement become a contract

A contract is an agreement which gives rise to obligations which are recognized by law. Thus, the course of dealings between the contracting parties would be governed by stipulations contained in the agreement which is enforceable if it is not repugnant to law of the land.

Anson- A contract is an agreement enforceable at law made between two or more persons by which rights are acquired by one or more to acts or forbearance on the part of the other or others.

Fredrick Polllock- Every agreement and promises enforceable by law is a contract.

Salmond- Contract is an agreement, creating and defining obligations between the parties.

Section 2(h) of Indian Contract Act 1872 defines-

An agreement enforceable by law is a contract.

Section 10 of Indian Contract Act 1872 defines-

An agreement is a contract when it made for some consideration, between parties who are competent, with their free consent and for a lawful object.

The analysis of above definitions- A contract is an agreement the object of which is to create an obligation i.e. a duty enforceable by law. For example – if there is an agreement between A and B that A will make a furniture for B, and B will pay a Rs 1,000/ to A, the agreement is a contract.

Section 10 defines a valid contract-

1.     All agreements are contract which are made by the-

2.     Free consent of parties.

3.     Competent to contract.

4.     A lawful consideration.

5.     With a lawful object.

Thus every contract is an agreement, but every agreement is not a contract.  An agreement becomes a contract when it fulfills the following conditions:

1. 1. Consideration.
2. 2. Competent parties to contract.
3. 3. Free consent.
4. 4. Lawful object.

There are some agreements which literally satisfy the requirements of a contract, such as proposal, acceptance, consideration etc. but which do not catch its sprit and they are not enforced because it does not sound to be reasonable to do so.

Constituent Element of Agreement:

1. Several parties- There must be two or more parties to initiate a contract. Where one who has to discharge the obligation and the other entitled to enforce the obligations.

For example- A borrowed money from a joint account in which A & B are the owner. Here the obligation was not enforceable since A was both the creditor and debtor.

1. Obligation- Obligation is the prime constituent, where one person agrees to do or obtains from doing a definite act or acts. It is the bond of legal necessity which binds together two or more parties.  It is also necessary the obligation must be definite acts, otherwise there may be uncertainty or indefiniteness about the obligations, and it may be possible that if one has to be under an obligation to do or abstain from doing acts for all the time, it would similar like slavery.
2. Identity of Mind- Both parties must be agreed on the subject matter at the same time and at the same manner.
3. Mutual Communication-Law does not go into the mind of the contracting parties but recognizes what is expressed in writing. Till such time there is complete understanding on the terms and there is communications in this respect, there can be no agreement in law.
4. Legal Relationship-it is also most important there must be some legal relationship than the social relationship.

For example- if A offers to B for go to movie or invite for lunch and B did not fulfill this the B would not amount to breach of any legal contract.

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