Q: Types of Fundamental rights from 11 to 18.

The Constitution of Pakistan provides for fundamental rights, which include freedom of speech,
freedom of thought, freedom of information, freedom of religion, freedom of association, freedom
of the press, freedom of assembly and the (conditional) right to bear arms. Articles 8 to 28 of the
constitution deals with the all fundamental rights provided to the citizens of Pakistan.

10A. Right to fair trial:

For the determination of his civil rights and obligations or in any criminal charge against him a
person shall be entitled to a fair trial and due process.

11 Slavery, forced labour, etc. prohibited

(1) Slavery is non-existent and forbidden and no law shall permit or facilitate its
introduction into Pakistan in any form.

(2) All forms of forced labour and traffic in human beings are prohibited.

(3) No child below the age of fourteen years shall be engaged in any factory or mine or
any other hazardous employment.

(4) Nothing in this Article shall be deemed to affect compulsory service:-

(a) by any person undergoing punishment for an offence against any law; or
(b) required by any law for public purpose provided that no compulsory service
shall be of a cruel nature or incompatible with human dignity.

12 Protection against retrospective punishment

(1) No law shall authorize the punishment of a person:-
(a) for an act or omission that was not punishable by law at the time of the act or
omission; or
(b) for an offence by a penalty greater than, or of a kind different from, the
penalty prescribed by law for that offence at the time the offence was
committed.

(2) Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation
or subversion of a Constitution in force in Pakistan at any time since the twenty-third
day of March, one thousand nine hundred and fifty-six, an offence.

13 Protection against double punishment and self incrimination.

No person:-
(a) shall be prosecuted or punished for the same offence more than once; or
(b) shall, when accused of an offence, be compelled to be a witness against himself.

14 Inviolability of dignity of man, etc.

(1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.

(2) No person shall be subjected to torture for the purpose of extracting evidence.

15 Freedom of movement, etc.

 Every citizen shall have the right to remain in, and, subject to any reasonable restriction
imposed by law in the public interest, enter and move freely throughout Pakistan and to
reside and settle in any part thereof.
16 Freedom of assembly.
Every citizen shall have the right to assemble peacefully and without arms, subject to any
reasonable restrictions imposed by law in the interest of public order.

17. Freedom of association.

(1) Every citizen shall have the right to form associations or unions, subject to any
reasonable restrictions imposed by law in the interest of sovereignty or integrity of
Pakistan, public order or morality.
(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a
member of a political party, subject to any reasonable restrictions imposed by law in
the interest of the sovereignty or integrity of Pakistan and such law shall provide that
where the Federal Government declares that any political party has been formed or is
operating in a manner prejudicial to the sovereignty or integrity of Pakistan, the
Federal Government shall, within fifteen days of such declaration, refer the matter to
the Supreme Court whose decision on such reference shall be final.

(3) Every political party shall account for the source of its funds in accordance with law.

18 Freedom of trade, business or profession.

Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the
right to enter upon any lawful profession or occupation, and to conduct any lawful trade or
business:

Provided that nothing in this Article shall prevent:-

(a) the regulation of any trade or profession by a licensing system; or
(b) the regulation of trade, commerce or industry in the interest of free competition
therein; or
(c) the carrying on, by the Federal Government or a Provincial Government, or by a
corporation controlled by any such Government, of any trade, business, industry or
service, to the exclusion, complete or partial, of other persons.

19 Freedom of speech, etc.

Every citizen shall have the right to freedom of speech and expression, and there shall be
freedom of the press, subject to any reasonable restrictions imposed by law in the interest of
the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly
relations with foreign States, public order, decency or morality, or in relation to contempt of
court, or incitement to an offence.

19A. Right to information.

Every citizen shall have the right to have access to information in all matters of public
importance subject to regulation and reasonable restrictions imposed by law.

20 Freedom to profess religion and to manage religious institutions.

Subject to law, public order and morality:-
 (a) Every citizen shall have the right to profess, practice and propagate his religion; and
(b) Every religious denomination and every sect thereof shall have the right to establish,
maintain and manage its religious institutions.
Q: Supreme Court, judicial of Supreme Court.

SUPREME COURT
 The Supreme Court of Pakistan is the apex court in the judicial hierarchy of the country and is
comprised of the Chief Justice and 18 Judges.
 The permanent seat is at Islamabad, but the court also sit, from time to time, at the provincial
headquarters namely Karachi, Lahore, Peshawar and Quetta.
 The Constitution stipulates the qualifications of Judges of the Supreme Court. Such qualifications
are: to be a citizen of Pakistan and having 5 years’ experience as Judge of a High Court or 15
years’ experience as a practicing advocate of a High Court.
 The most senior Judge to be recorded by the President, is appointed as the Chief Justice of
Pakistan.
 A Judge holds office until attaining the age of 65 years, unless resigns earlier or is removed from
office, in accordance with the provisions of the Constitution.

JURISDICTION OF SUPREME COURT

Art 184(1) Original jurisdiction in inter-governmental disputes, issues declaratory judgments;
Art 184(3) Enforcement of Fundamental Rights involving an issue of public importance;
Art 185(2) Appeal from judgment/order of High Court in criminal cases, tried in original and/or
appellate capacity and having imposed death penalty or life imprisonment;

Art 185(2) Appeal when High Court certifies that the case involves interpretation of the
Constitution;
Art 185(3) Appeal (subject to grant of leave) from High Court judgment/order;
Art 186 Advisory jurisdiction on any question of law involving public importance referred by
the President;
Art 187 To issue directions/orders for doing complete justice in a pending case/matter;
Art 188 To review any of its own judgment/order;
Art 204 To punish for its contempt;
Art 212 Appeal from Administrative courts/tribunals; and
Art 203F Its Shariat Appellate Bench hears appeals from judgments/orders of Federal Shariat
Court.
Q: Qiyas, Ijtehad. Explain laws of Ijtehad in legislation.

QIYAS
In Islamic law, the deduction of legal prescriptions from the Quran or Sunnah by analogic reasoning.
Qiyas provided classical Muslim jurists with a method of deducing laws on matters not explicitly
covered by the Quran or Sunnah without relying on unsystematic opinion. There are four
requirements of qiyas which consist of asl, far, illah and finally the establishment the hukm.

IJTIHAD
Islamic legal term meaning “independent reasoning,” as opposed to taqlid (imitation). One of four
sources of Sunni law. Utilized where the Quran and Sunnah (the first two sources) are silent. It
requires a thorough knowledge of theology, revealed texts, and legal theory (usul al-fiqh); a
sophisticated capacity for legal reasoning; and a thorough knowledge of Arabic. It is considered a
required religious duty for those qualified to perform it. It should be practiced by means of analogical
or syllogistic reasoning (qiyas). Its results may not contradict the Quran, and it may not be used in
cases where consensus (ijma) has been reached, according to many scholars.

EXPLAIN ROLE OF IJTIHAD IN LEGISLATION.

In Islamic legislation Ijtihad plays an important role and has central position in the whole process.
Demands of life change day by day thus it become necessary to take on the structural review of
Islamic laws keeping in mind the spirit and discipline of Islamic.

Ijtihad thus play as a perfect tool for legislation. Regarding fatawas the jurists followed the
methodologies of companions, tabieen, and taba Tabaeen. In cases in which they did not find any
legal opinion of their teachers related to a specific problem they themselves tried to find out the
solution for that problem from the relevant Texts and formulate their own fatawa. In Pakistan the
Judiciary that performs the task of interpretation for law-making, Majlis-e-Shura and various Ulama
are exercising the job of Ifta.

The Council of Islamic Ideology is the official legislative body of fatawa. Taqleed is also an acceptable
mode of legislation whose proofs are evident from Quran and Sunnah. It has been used as a source
of legislation in Pakistan as well.
Q: Breach of Contract. Kinds of Remedy. Essentials of valid Contract.
Breach of contract is a legal cause of action in which binding agreement or bargained-for exchange is
not honored by one or more of the parties to the contract by non-performance or interference with
the other party's performance.

KINDS OF BREACH OF CONTRACT

1. MINOR BREACH
A minor or partial breach is when the non-breaching party of the contract is not entitled to an
order for performance of its obligations but only to collect the damages for which they are owed.
For instance.

2. MATERIAL BREACH
A material breach is when there is a failure to perform a part of a contract that permits the other
party of the contract to ask for damages because of the breach that has occurred.

3. FUNDAMENTAL BREACH
A fundamental breach of a contract is when the person that has had the contract breached
against can sue the breaching party for damages incurred as well as terminate the contract if they
wish to do so.

4. ANTICIPATORY BREACH
An anticipatory breach of a contract is when the non-breaching party realizes that the other party
of the contract will fail to perform his or her part of the contract in the future and can terminate
the contract and sue for damages before the breach happens.

KINDS OF REMEDIES
1. RESCISSION OF THE CONTRACT
On breach of contract, the innocent party may treat the contract as rescinded and is absolved of
all obligations under the contract. Example: A contract to supply cotton to B on 12 dec. B agrees
to pay the price on receipt of cotton. A does not supply on due date. B is discharged from liability
to pay. B can rescind and claim damages.

2. SUIT FOR DAMAGES

A monetary compensation awarded to the injured party for loss faced by him.
Kinds of damages:
1. Ordinary Damages
2. Special Damages
3. Nominal Damages
4. Liquidated Damages

3. SUIT UPON QUANTUM MERIT

The reasonable value of work done. Claim on quantum merit arises from the following:
 When the contract is discovered to be void.
 Where something has been done
 When one party refuses to perform the contract.
  Where the contract is divisible
4. SUIT FOR SPECIFIC PERFORMANCE
Specific performance is granted in the following cases:
 When compensation in money is not an adequate relief.
 When there is no standard for calculating the actual damage caused by the non-
performance.
 When the compensation cannot be obtained.

5. SUIT FOR INJUNCTION

To restrain a person from doing some act- A preventive measure suitable in anticipatory breach.

ESSENTIALS OF VALID CONTRACT

1. OFFER AND ACCEPTANCE
A offers to sell his car to B for Rs.400,000/-. This is an offer. If B accepts this offer, then there is an
acceptance.
2. LEGAL OBLIGATION (INTENTION TO CREATE LEGAL RELATIONSHIP)
The parties must be willing to establish a legal relationship or obligation while offering and
accepting otherwise, it would not constitute a valid contract.

3. CAPACITY OF PARTIES TO CONTRACT

An agreement is enforceable only if it is made by the parties who are competent to contract. A
contract by a person of unsound mind is void ab-initio.
4. LAWFUL CONSIDERATION
Consideration is the benefit to the parties. It is price paid by one party for the promise of the
other party.

5. FREE CONSENT
Consent means that the parties must agree upon the same thing in the same sense. For a valid
contract, it is necessary that the consent of parties must be free.
6. LAWFUL OBJECT
The object or consideration of an agreement is lawful. A hires a house to use for gambling. The
object of agreement is unlawful, so the agreement is illegal and void.
7. POSSIBILITY OF PERFORMANCE (PERFORMANCE TO BE “POSSIBLE”)
For a valid contract, it must be performed. An agreement to do an impossible act is void. A agrees
with B to discover a treasure by magic. Such agreement is not enforceable.
8. NOT EXPRESSLY DECLARED VOID
Agreements, the meaning of which is not certain, or capable of being made certain, are void. A
promises to close his business on the promise of B to pay him Rs.200,000/- is void agreement
because it is in restraint of trade.
9. CERTAINTY OF TERMS
According to Section 29, “Agreements, meaning of which is not certain or capable of making
certain are void”. A promises to sell 20 books to B without specifying their titles. The agreement
is void because the terms are not clear.
10. SHOULD BE IN WRITING IF REQUIRED UNDER SPECIFIC LAWS:
If required by law, that particular contract must be in writing, signed, attested by witnesses and
registered. Sale and Mortgage of land should be in writing and be registered.
Q: Explain Securities and Exchange Commission of Pakistan (SECP)

Securities and Exchange Commission of Pakistan (SECP) established under the Securities and
Exchange Commission of Pakistan Act 1997 was operationalized as a corporate body in January 1999.
SECP replaced Corporate Law Authority, the former being corporate regulatory body. It has been
vested with adequate operational, administrative and financial autonomy.

SECP’S MAIN FUNCTIONS

 Regulation of securities market and related institutions like Central Depository Company (CDC),
Credit Rating Companies and Modarabas (Funds operating on the basis of Islamic economic
principles)

 Administration of the company law.

 Regulation of non-banking finance companies like leasing companies, investment banks and
mutual funds.

 Regulation of insurance business and private pensions.

 One important function of the SECP is the incorporation/registration of companies. This task has
been entrusted to the Registration Department, Company Law Division which has its field offices
known as Company Registration Offices (CROs) for the purpose of incorporation / registration of
different type of companies.
Q: Rights of Unpaid seller and buyer.

RIGHTS OF UNPAID SELLER

The seller of goods is deemed to be unpaid (Sec. 45-1):-
 When whole of the price has not been paid of tendered.
 When the bill of exchange or negotiable instrument has been received as a condition of payment
and the condition on which it was received has not been fulfilled by the reason on dishonor of
the instrument or otherwise.

The unpaid seller has following rights:

 Rights against goods.
 Rights of lien
 Rights of stoppage of goods in transit
 Right of rescale
 Rights against buyer personally
 Suit for price
 Suit for damages for non-acceptance
 Suit for special damages and interest

RIGHTS OF BUYER
 Suit for damages for non-delivery of the goods (Sec. 57)
 Suit for specific performance (Sec. 58)
 Suit for breach of warranty (Sec. 59)
 Suit for repudiation of contract before the date of contract (Sec. 59)
 Right to claim interest

DISTINGUISH BETWEEN RIGHT OF LIEN AND RIGHT OF LIEN

Q: Doctrine of Caveat Emptor.
The doctrine of ‘Caveat Emptor’, i.e., let the buyer beware, means that the buyer while purchasing
goods must act with a “third eye and ear”. i.e. :-

 He should be careful to see that goods purchased will serve his purpose well.

 If the buyer is not careful and he finds later on that the goods do not serve his purpose, he
cannot hold the seller liable for it.

 The seller is under no obligation to tell the defects of his articles.

Exceptions of this doctrine :-

1. Implied conditions as to quality or fitness.

2. Sale of goods by description.
3. Merchantable quality.
4. Usage or custom of trade.
5. Consent by fraud.
Q: Essentials of Contract of sales. What includes in Section 4.
Types of Injunction.
Contract of sale of goods is a contract, whereby, the seller transfers or agrees to transfer the
property in goods to the buyer for a price. There can be a contract of sale between one part-owner
and another.

ESSENTIALS ELEMENTS OF A CONTRACT OF SALE

 Goods - The subject matter of a contract of sale must be goods. Every kind of movable property
except actionable claims and money is regarded as ‘goods’.
 Price - The buyer must pay some price for goods. The term ‘price’ is ‘the money consideration for
a sale of goods’.
 Two parties - A contract of sale of goods is bilateral in nature wherein property in the goods has
to pass from one party to another. One cannot buy one’s own goods.
 Transfer of ownership - Transfer of property in goods is also integral to a contract of sale. The
term ‘property in goods’ means the ownership of the goods. In every contract of sale, there
should be an agreement between the buyer and the seller for transfer of ownership.
 All Essentials of a Valid Contract of Sale - A contract of sale is a special type of contract,
therefore, to be valid, it must have all the essential elements of a valid contract, viz., free
consent, consideration, competency of contracting parties, lawful object, legal formalities to be
completed, etc. A contract of sale will be invalid if important elements are missing.
 Includes both a “sale” and “an agreement to sell”- The ‘contract of sale’ is a generic term and
includes both sale and an agreement to sell. The sale is an executed or absolute contract whereas
‘an agreement to sell’ is an executory contract and implies a conditional sale.

WHAT DOES THE CONTRACT INCLUDES IN SECTION 4?

4. Sale and agreement to sell.---(1) A contract of sale of goods is a contract whereby the
seller transfers or agrees to transfer the property in goods to the buyer for a price. There
may be a contract of sale between one part-owner and another.

(2) A contract of sale may be absolute or conditional

(3) Where under a contract of sale the property in the goods is transferred from the seller to
the buyer, the contract is called a sale, but where the transfer of the property in the goods is
to take place at a future time or subject to some condition thereafter to be fulfilled, the contract
is called in agreement to sell.

(4) An agreement to sell becomes a sale when the time elapses or the conditions are
fulfilled subject to which the property in the goods is to be transferred. Formalities of the
Contract
INJUNCTION
A court order by which an individual is required to perform, or is restrained from performing, a
particular act.

TYPES OF INJUNCTION
1. PRELIMINARY INJUNCTION
It is a provisional remedy that is invoked to preserve the subject matter in its existing
condition. The main reason for use of a preliminary injunction is the need for immediate
relief.

2. PREVENTIVE INJUNCTION
An injunction directing an individual to refrain from doing an act is preventive injunction.

3. MANDATORY INJUNCTION
Mandatory injunction is an injunction which orders a party or requires them to do an
affirmative act or mandates a specified course of conduct.

4. PERMENANT INJUNCTION
A permanent or perpetual injunction is one that is granted by the judgment that ultimately
disposes of the injunction suit, ordered at the time of final judgment.
Q: Agent. Section 182 – 189.
182. An "agent" is a person employed to do any act for another or to represent another in
dealings with third persons. The person for whom such act is done, or who is so represented,
is called the "principal".

183. Any person who is of the age of majority according to the law to which he is subject,
and who is of sound mind, may employ an agent.

184. As between the principal and third persons any person may become an agent, but no
person who is not of the age of majority and of sound mind can become an agent, so as to
be responsible to his principal according to the provisions in that behalf herein
contained.

185. No consideration is necessary to create an agency.

186. The authority of an agent may be expressed or implied.

187. An authority is said to be express when it is given by words spoken or written. An

authority is said to be implied when it is to be inferred from the circumstances of the
case; and things spoken or written, or the ordinary course of dealing, may be accounted
circumstances of the case.

188. An agent having an authority to do an act has authority to do every lawful thing which
is necessary in order to do such act.

189. An agent has authority, in an emergency, to do all such acts for the purpose of
protecting his principal from loss as would be done by a person of ordinary prudence, in his
own case, under similar circumstances.
Q: Kind of guarantee. Rights of surety.

A "contract of guarantee" is a contract to perform the promise, or discharge the liability, of a third
person in case of his default.

Kinds of Guarantee

Specific Guarantee Continuous Guarantee (Sec 129)

A guarantee which A guarantee which extends to

extends to a single debt series of transaction
or specific transaction

X guarantees payment to Y of the price of 5 On X’s recommendation, y employed Z for the

flour bags delivered by Y to Z. Y delivers to Z. Z collection of rents from his tenants. X promised
pays for them. This is specific guarantee as X to make good any default made by Z.
intended to guarantee only price of 5 bags

In this, surety liability comes to end when A surety liability comes to end when
promise is fully performed revocation of guarantee takes place

RIGHTS OF SURETY
 Right of subrogation (interchange)
When the surety has paid the guaranteed debt on default of the principal debtor, he is then
entitled to all the rights which the creditor had against the principal debtor.

 Right to securities
Surety is entitled to the benefit of all the securities given by the principal debtor to the creditor.
Surety can recover the securities only after making full payment.

 Right of surety when the creditor loses the securities of the principal debtor
If the creditor by negligence loses any security held by him, the liability of the surety is reduced to
the extent of the value of those securities.

 Right of reimbursement (compensation) from the principal debtor

A surety is entitled to recover from the principal debtor whatever amount, he has rightfully paid
to the creditor
Q: Provincialism.

Provincialism is a process of achieving national cohesion, stability, prosperity, strength and feelings
of being united as a nation.

Pakistan has faced varying degree of religious, ethnic, linguistic, economic and political problems that
are often in conflict with our national interests. To guard against all challenges to the solidarity and
security of Pakistan, a well knitted and integrated nation is a must.

Local government usually neglect some area of certain provinces. Ineffectiveness of local
government system justifies the creation of more provinces in Pakistan, so that every part of the
country can be developed and administrated properly.

Few provinces that can be created are listed below:

 Lower Sindh  Lower Balochistan  Lower Punjab  Lower KPK

 Karachi ©  Turbat ©  Multan ©  Dera Ismail Khan
 Thatta  Jiwani  Rahimyar ©
 Umerkot  Gawadar Khan  Leiah
 Mithi  Pasni  Khanpur  Jang
 Digri  Ormara  Bahawalpur  Bannu
 Badin  Bela

 Upper Sindh  Upper Balochistan  Upper Punjab

 Sukkur ©  Quetta ©  Rawalpindi ©  Upper KPK
 Sikharpur  Zhob  Wah  Chitral ©
 Khairpur  Pishin  Jhelum  Tall
 Larkana  Sibi  Mianwali  Dir
 Dadu  Mastung  Gujrat  Mingaora
 Mach  Sialkot

 Central Sindh  Central Balochistan  Central Punjab

 Hyderabad ©  Khuzdar ©  Lahore ©  Central KPK
 Sanghar  Kharan  Gujranwala  Peshawar ©
 Mirpur Khas  Dalbandin  Faisalabad  Kohat
 Tando Adam  Kalat  Shekhupura  Attobabad
 Nawabshah  Nushki  Sargodha  Mardan
 Bhag  Sahiwal  Mansehra
 Okara
Q: Explain,
a. Types of negotiable instrument.
b. Essential characteristics of negotiable instruments.

“Negotiable instrument” literally means ‘a written document which creates a right in favour of
somebody and is freely transferable by delivery.’

TYPES OF NEGOTIABLE INSTRUTMENT

Negotiable instruments are of two types which are as follows:

Negotiable Instruments recognized by status:

e.g. Bills of exchange, cheque and promissory notes.

Negotiable instruments recognized by usage or customs of trade:

e.g. Bank notes, exchequer bills, share warrants, bearer debentures, dividend warrants, share
certificate.

ESSENTIAL CHARACTERISTICS OF NEGOTIABLE INSTRUMENT

 Free transferability or easy negotiability
Negotiable instrument is freely transferable from one person to another without any formality.

 Title of holder is free from all defects

A person who takes negotiable instrument bona-fide and for value gets the instrument free from
all defects in the title. The holder in due course is not affected by defective title of the transferor
or of any other party.

 Transferee can sue in his own name without giving notice to the debtor
 A bill, note or a cheque represents a debt, i.e., an “actionable claim” and implies the right of
the creditor to recover something from hid debtor.
 The creditor can either recover this amount himself or can transfer his right to another
person.

 Presumptions
Certain presumptions apply to all negotiable instruments. Section 118 and 119 lay down the
following presumptions:
a. For consideration: that every negotiable instrument, was made, drawn, accepted,
endorsed or transferred for consideration.
b. As to date: that every negotiable instrument bearing a date was made or drawn on such
date.
c. As to time of acceptance: that every bill of exchange was accepted within a reasonable
time after its date and before its maturity.
d. As to transfer: that every transfer of a negotiable instrument was made before its
maturity.
Q: Insolvency of firm and its effects. Difference between partnership and co-
ownership.

INSOLVENCY OF FIRM AND ITS EFFECTS

Insolvency will probably mean that your business will cease trading and if you are a limited company
go into liquidation. If you are a sole trader or partnership you may go bankrupt and lose your
personal assets such as your home.

Effects for Limited Companies and LLPs

For limited companies (or limited liability partnerships known as “LLPs”) the consequences of
insolvency will mean that the business will go into liquidation and stop trading or go into
administration and be sold (maybe to a new owner). In some cases the outcome may be a company
voluntary arrangement.

Effects of Insolvency for Sole Traders And Partnerships

For sole traders or partnerships (non LLP’s) the business owners are liable for the debts and their
personal assets are at risk of being sold to repay their debts. This includes debts due to suppliers,
Revenue and Customs, faulty work to customers and anyone else owed money by the business.

DIFFERENCE BETWEEN PARTNERSHIP AND CO-OWNERSHIP

PARTNERSHIP
1 There must be an agreement. 1 There is not always an agreement.
2 Partnership involves in profit or loss. 2
One partner cannot transfer his rights to
3 3
stranger without consent of other partners.
A partner has lien on partnership properties
4 4
of other partners.
5 Every partner is agent. 5
6 Partnership exists for gain. 6
7 There are accessory rights. 7 There are not available accessory rights.
CO-OWNERSHIP
Co-ownership does not involve in profit or
loss.
A Co-owner can transfer his rights of co-
ownership to stranger without consent of
co-owner.
A co-owner has no lien on general out lays
and expresses.
One co-owner is not agent of another co-
owner.
Co-ownership does not necessary exists for
gain.
Q: Difference between partnership and company. Mention kinds of
Partnership. Effect of non-registration section 69.

PARTNERSHIP COMPANY
1 Partnership is not a legal person. 1 Company is legal person.
Company incorporates according to
2 There is agreement between partners. 2
company law.
The shares cannot be transferred in the
The shares can be transferred in the
3 partnership without the consent of the 3
company as freely.
other partners.
In company each and every one is not a
4 In partnership each and every one is agent. 4
agent.
Each partner is liable in full for the debits of The liability of company shareholder is
5 5
the firm, except in a limited partnership. limited by shares or by guarantee.
6 A partner cannot contract with his firm. 6 A shareholder can contract with company.
Partners make any private arrangements Arrangements in company is restricted by
7 7
among themselves. law and statues.
8 The partner may buy his partners shares. 8 A company cannot.
A company having legal existence can go
Death or retirement of a partner result
9 9 on, irrespective of the death or retirement
dissolution of partnership.
of members.

KINDS OF PARTNERSHIP
 Active Partners
These are the partners, who take active part in the business. They invest capital and share in
profit and loss.
 Silent Partners
These are the partners, who invest capital but do not take active part in management.
 Secret Partners
The secret partners are those who are not known to the public as a partner. They have capital in
the business and enjoy profits and losses.
 Nominal Partners
These are the persons, who are not real partners but to the general public they are declared as
partner. They have no investment in business, that’s why they do not share loss or profit.
 Minor Partner
These are the partners, who have not attained the age of majority, they can see management
through their attorney and so having limited liabilities.
 Partnership at Will
It is form of partnership in which no provision is made by the contract between the partners for
the duration of their partnership.
 Particular Partnership
A person may become a partner with another person in particular adventure or undertakings.
EFFECTS OF NON-REGISTRATION

If the firm is not registered with the concerned registrar the following effects may come on face:-

 If affirm which is not registered cannot not apply for filling of arbitration agreement and referring
dispute to arbitration.

 No suit would be filed in Court on behalf of a firm against any third party.

 Beside that following exceptions are also lays down:

 Where the suit is for the dissolution of firm.
 Where the suit is for rendition of account of a dissolved firm.
 Where the suit is for realization of the property of dissolved firm.
 Where the suit is for small cause, which does not exceed Rs.100/- in value.
 Where the official receiver or the official assignee of the Court as the case may be seeks to
realize the suit in the name of the firm as well as the suit by individual partners.
Q: Goods and types of goods.

GOODS
Goods means every kind of movable property other than actionable claims money; and includes
stock and shares, growing crops, grass and things attached and forming part of lands which are
agreed to be served before sale or under the contract of sale.

TYPES OF GOODS
 Existing Goods
These are the goods which are in existence and are physically present in the seller’s possession.
 Future Goods
Goods to be manufactured or produced or acquire by the seller after the making of the contract
of sale.
 Contingent Goods
These are the future kinds of goods which is contingent upon the happening or non-happening of
an uncertain event.
 Specific Goods
Goods which are identified and agreed upon at the time when a contract of sale is made.
 Ascertained Goods
These are identified after the formation of the contract.
 Unascertained Goods
These are the goods which are not specifically identified or agreed upon at the time of the
contract of sale.
Q: What do you understand by jurisdiction? Types of jurisdiction.
Explain Plea Bargain.
Jurisdiction means the power of the court to hear and decide a case.

TYPES OF JURISDICTION
1. Territorial Jurisdiction: means power over the area.
2. Pecuniary Jurisdiction: means power over the financial value of case.
3. Subject Matter Jurisdiction: means power over the issues in the case.
4. Personal Jurisdiction: means power over the parties to the case.

PLEA-BARGAIN
The plea bargain is any agreement in a criminal case between the prosecutor and defendant
whereby the defendant agrees to plead guilty or nolo contendere to a particular charge in return for
some concession from the prosecutor.

PROCEDURE
1. Not a part of the juvenile court originally, not seen as necessary because the court was there to
help.
2. Increasing role of the prosecutor.
3. Most states have now addressed and regulate the practice, but the amount of regulation varies
widely.
4. More formal in urban areas.
5. Considerable debate over whether it should be used in the juvenile system.
6. It appears to be much less common in the JJS as compared to the adult system, but on the
increase.
7. Less common because some of the incentives to plea bargain are less important in the juvenile
system (i.e. dropping a felony to a misdemeanor)
Q: Property, Property System. Problem of limited resources.

PROPERTY
Property is any physical or virtual entity that is owned by an individual or jointly by a group of
individuals. An owner of property has the right to consume, sell, rent, mortgage, transfer and
exchange his or her property.

PROPERTY SYSTEM
The goal of society is to produce more of what people need and want, one of the legal framework is
superior to the other. All members of society must have an equal guarantee of exclusive right to their
resources.

PROBLEMS OF LIMITED RESOURCES

According to Western Political Theory, the State comes into being in response to the problems of
limited resources through law, the State establish a framework for handling the problem. At least
two basic legal frame work exist. In one framework the state itself, represented by a ruler or
legislature, makes the above decision about the production and distribution of resources.

A second legal framework that orders how people relate to each other to concerning scarce
resources in private property. Private Property, which we will just call property is a system of law
recognizes and enforces individual rights to acquire, possess, use and transfer the resources.
Q: Patents and how to acquire patents.

PATENT
A patent is a “contract” between the inventor and the Government (Patent Office). The Limited time”
or life of a patent is 20 years from the filing date of a utility application (no rights during pendency)
and 14 years from issuance for a design patent.

TYPES OF PATENT
Utility Patent
Granted for a process, machine or manufacture, or composition of matter or an improvement
thereof. Designated with numbers.
Design Patent
Protects the ornamental design for an article of manufacture. Only protects the appearance…not the
utility. Document numbers preceded by letter “D”.
Plant Patent
granted on any distinct and new variety of an asexually reproduced plant. Document numbers
preceded by “PP”.

HOW TO ACQUIRE PATENTS

1. Make sure there has been no disclosure
2. Establish novelty – patent/literature search
3. Establish who owns what – review any contractual or collaborative elements
4. Produce full specification, drawings, sequences etc, usually with help of patent agent