Law Research

Introduction Partnership firms in India are governed by the Indian Partnership Act 1932. Partnership is a special kind of Contract. Section 4 of the Indian Partnership Act 1932 defines the term "Partnership" as the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Persons who have entered into a partnership with one another are called individually as, “partners” and collectively “a firm”, and the name under which their business is carried on is called the “firm name”. Relation of Partners with One Another  The mutual relations between the partners of a firm come into existence through an agreement between all the said partners. Partners can determine their mutual rights and duties by a contract called partnership deed, which largely determines the aspects of general administration, such as which partner will do what work, what will be their share in profits, etc. The partnership deed may be varie

Citation :-ILR 2005 KAR 2210, 2006 144 STC 59 Kar Decided on:- 31 January 2005 Background An important question as to whether an Automated Teller Machines(ATM) can be termed as a computer came up before the courts in this case. In the state of Karnataka under state tax law, electronic goods were taxed at rate of 12% while computer terminals were taxed at 4%. The question was at what rate will an ATM be taxed and under what schedule of the state tax law will it fall. Whether an ATM is an electronic good or a computer terminal was needed to be clarified by the court so as to decide what will be the tax that Diebold Systems will be liable to pay   Facts  This case came up before the Karnataka High Court as an appeal. The appellants in this case, which is Diebold Pvt Ltd is a company engaged in the manufacture and supply of Automated teller machines(ATM). The Company in order to clarify the rate of tax that is applicable on the sale of ATM approached the Advance Ruling Authority

Introduction:- The Motor vehicles Act, which was passed in the year 1988 by the Indian parliament, governs almost all aspects of vehicles of Road Transport in India, from traffic regulations to permits and penalties. In a recent case of Surendra Kumar Bhilawe V. The New India Assurance Company Limited, issues regarding ownership of a vehicle came under question. The case is of importance as the process of RC Transfer in our country which involves the complete transfer of the vehicle and its legal liabilities to the buyer is a lengthy and complex one and any kind of complications if arise in between these proceedings, issues related to who will be considered as the owner and hence their subsequent rights and liabilities will arise depending upon the ownership of the vehicle in question. Motor Vehicles Act: The Supreme Court of India, through its judgement in the case of Surendra Kumar Bhilawe vs. The New India Assurance Company Limited has clarified that “Ownership” will mean th

Introduction "Time is the essence" is a term in contract law which indicates that the parties to the agreement must perform by the time to which the parties have agreed. A common feature of many contracts is the clause stating "time is of the essence".Sometimes it's inserted without any negotiation as a boilerplate clause, while in some instances it is specifically demanded by the parties to be incorporated into the contract. Either way, very little thought is given to the clause or at times is inserted without a clear understanding. Usually, Explicit stipulation for delivery time of a product or service is universal in contracts. Some of the simpler examples of this could be Labour contracts within organizations,sub-contracting parts of a larger contract where strict deadlines are to be followed. A deadline may also be determined exogenously in the cases where the input involves a perishable good as failing to meet production deadlines could mean loss of in

I am sure every one of you who is reading this has heard of the famous rule "Caveat Emptor" which simply means let the buyer be aware. Wherein the buyer has to take the responsibility of the products and services that he purchases or avails. This principle has now been reversed and the burden has been shifted on the seller. The Indian Parliament passed the Consumer Protection Act 2019 which repealed the Consumer Protection Act 1986. The Consumer Protection Act of 2019 has a greater focus on the protection of the interest of the consumer. The New Act has introduced the concept of Product Liability which aims at protecting the interest of the consumers. So let's take a look at this concept in Detail. Product Liability is a new provision introduced by the Consumer Protection Act, 2019 under which a manufacturer or a service provider has to compensate if the goods or services provided by him cause any injury or harm to consumers in the event of goods or services turns to be