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BRF Ii
BRF Ii
BRF Ii
The objectives of the Central Council to promote and protect the rights of the
consumers were –
1. The right to be protected against the marketing of goods and services which are
hazardous to life and property
2. The right to be informed about the quality, quantity, potency, purity, standard, and price
of goods or services, as the case may be to protect the consumer against unfair trade
practises
3. The right to be assured access to a variety of goods and services at competitive prices
4. The right to be heard and to be assured that consumer’s interests will receive due
consideration at appropriate forums
5. The right to seek redressal against unfair trade practises or restrictive trade practises or
unscrupulous exploitation of consumers
6. The right to consumer education.
(The objectives across Central, state, and district levels remain the same)
Present or former High Court Judge, appointed by the State Government, who shall be
its President
Not less than two, and no more than the prescribed number of members, one of whom
shall be a woman. They must not be less than 35 years of age and must possess a
bachelor’s degree from a recognized university
Possess integrity and have adequate knowledge and experience of at least 10 years in
the fields of economics, law, commerce, accountancy, industry, public affairs, or
administration.
DISTRICT-LEVEL
Conclusion
The Consumer Protection Act, 1986 protected the rights and interests of consumers. It
introduced consumer disputes and redressal commissions dealing with compensation,
product liability, and penalties. A three-tier system across the district, state, and centre
made quality assurance, consumer education, and justice accessible to all. A system of
appeals to higher levels, from the State Commission to the National Commission,
ensured grievance redressal.
Q1. Discuss various essential characteristics of a contract of sale under the Sale of Goods Act, 1930.
Ans.= The Sale of Goods Act, 1930, governs contracts of sale of goods in India. It outlines the
essential characteristics that constitute a valid contract of sale. These characteristics are crucial for
the formation and enforcement of sale agreements. Here are the key features:
1. Two Parties
A contract of sale must involve two distinct parties: the seller, who transfers or agrees to transfer
the ownership of goods, and the buyer, who agrees to pay a price for the goods.
- Example: A shopkeeper (seller) sells a bicycle to a customer (buyer).
2. Goods
The subject matter of the contract must be "goods," which are defined as movable property. This
excludes immovable property, services, and actionable claims.
- Example: Items such as books, clothing, and electronics qualify as goods, whereas real
estate and stocks do not.
3. Transfer of Property
The contract must involve the transfer of ownership (property) in the goods from the seller to the
buyer. This transfer can be immediate (in the case of a sale) or future (in the case of an agreement
to sell).
- Example: If a customer purchases a laptop and takes it home, ownership is transferred
immediately. If a customer orders a customized product to be delivered later, it is an
agreement to sell.
4. Price
The buyer must agree to pay a monetary consideration known as the price for the goods. This price
can be fixed, agreed upon, or determined in a manner agreed by the parties.
- Example: A television is sold for Rs. 30,000, which is the agreed price.
5. Essential Terms
The contract must have clear and definite terms regarding the description, quantity, and quality of
the goods, the price to be paid, and the time and place of delivery.
- Example: A contract stating "Sale of 100 units of product X at Rs. 500 per unit, to be delivered by
June 1" clearly outlines the essential terms.
6. Free Consent
The consent of both parties must be free, meaning it should not be obtained through coercion,
undue influence, fraud, misrepresentation, or mistake.
- Example: A buyer purchasing a product based on a false claim made by the seller can void the
contract if it is proven that the seller committed fraud.
7. Competent Parties
The parties involved in the contract must be legally competent, meaning they must be of legal age,
of sound mind, and not disqualified by law.
- Example: A minor or a person declared mentally incompetent cannot enter into a valid contract of
sale.
8. Legality of Object
The object of the contract must be lawful. It should not involve the sale of prohibited items or
involve any illegal purpose.
- Example: A contract for the sale of narcotics would be void as it involves illegal goods.
- Example: If a seller fails to deliver the goods, the buyer can claim damages for non-delivery.
a. Right of Lien
The unpaid seller has the right to retain possession of the goods until payment or tender of the
price is made. This right is applicable in the following scenarios:
- If the goods have been sold without any stipulation as to credit.
- If the goods have been sold on credit, but the term of credit has expired.
- If the buyer becomes insolvent.
Example: If a seller has sold goods on credit and the buyer's credit period has expired without
payment, the seller can retain possession of the goods until payment is made.
Example: If goods are shipped and while in transit, the buyer is declared insolvent, the seller can
instruct the carrier to stop the goods and return them.
c. Right of Resale
The unpaid seller can resell the goods if:
- The goods are perishable.
- The seller has given notice to the buyer of the intention to resell and the buyer has not paid within
a reasonable time.
- The seller expressly reserves the right to resell in case the buyer defaults.
Example: If a buyer defaults on payment and the seller has given notice and waited a reasonable
time, the seller can resell the goods to another buyer.
These rights can be exercised irrespective of whether the property in the goods has passed to the
buyer. They include:
Example: If the ownership of goods has been transferred to the buyer but the buyer fails to make
the payment, the seller can file a suit to recover the price.
Example: If a buyer refuses to take delivery of the goods without a valid reason, the seller can claim
damages for the loss incurred.
Example: If there is an agreement specifying that interest will be charged on overdue payments, the
seller can sue for interest on the unpaid price.
Write short notes on the following:
a) Sale and Agreement to Sale
b) Consumer Protection Council
Ans.
b) Consumer Protection Council
The Consumer Protection Councils in India were established under the Consumer Protection Act,
1986 (and continued under the Consumer Protection Act, 2019) to promote and protect the rights
of consumers. These councils are advisory bodies functioning at the national, state, and district
levels.
- Composition: Chaired by the Union Minister in charge of Consumer Affairs. It includes other
official and non-official members representing various interests, such as consumer organizations,
industries, and commerce.
- Objectives: The main aim is to promote and protect the rights of consumers at the national level.
- Meetings: The council meets as and when necessary, but at least once every year.
- Composition: Chaired by the Minister in charge of Consumer Affairs in the state. It includes
officials and non-officials representing consumer interests in the state.
- Objectives: To promote and protect the rights of consumers within the state.
- Meetings: These councils also meet as required, but at least twice a year.
- Composition: Chaired by the District Collector. It includes other officials and representatives from
consumer organizations and local bodies.
- Objectives: To promote and protect the rights of consumers at the district level.
- Meetings: These councils meet as needed, but at least once every quarter.
Key Responsibilities
- Advisory Role: Advising the government on consumer issues and suggesting measures for the
effective implementation of consumer protection laws.
- Educational Role: Educating consumers about their rights and responsibilities through various
programs and campaigns.
- Policy Development: Assisting in the formulation of consumer protection policies and programs.
- Consumer Redressal: Recommending measures for the speedy and fair resolution of consumer
disputes.
Significance
- Empowerment of Consumers: By promoting consumer rights and ensuring their protection, these
councils empower consumers to make informed choices and seek redressal for grievances.
- Policy Influence: The councils influence policy decisions and contribute to the development of a
consumer-friendly legal framework.
- Awareness and Education: They play a crucial role in raising awareness about consumer rights and
educating the public on how to safeguard their interests.
a)
Sale and Agreement to Sale
The Sale of Goods Act, 1930, delineates the legal framework governing the sale of goods in India. It
distinguishes between two key concepts: Sale and Agreement to Sell. These concepts differ
primarily in terms of the timing and transfer of ownership of the goods. Below are concise notes on
each:
Sale
Definition: -
A sale is a contract wherein the seller transfers or agrees to transfer the ownership of goods to the
buyer for a price. In a sale, the transfer of ownership happens immediately.
Characteristics
1. Immediate Transfer of Ownership: Ownership and title of the goods are transferred from the
seller to the buyer at the time of the contract.
2. Risk Transfer: The risk of loss or damage to the goods passes to the buyer immediately upon sale,
as the buyer now owns the goods.
3. Rights of the Buyer: The buyer gets the right to take legal action if the seller fails to deliver the
goods as per the contract.
4. Enforceability: It is an executed contract, meaning it is complete and enforceable.
Example
A shopkeeper sells a television to a customer, and the customer pays for it and takes it home
immediately. Ownership and possession of the television are transferred at the point of sale.
Agreement to Sell
Definition: -
An agreement to sell is a contract wherein the seller agrees to transfer the ownership of goods to
the buyer at a future date or upon the fulfillment of certain conditions. The ownership remains with
the seller until the future date or the conditions are met.
Characteristics
1. Future Transfer of Ownership: Ownership and title of the goods are not transferred immediately
but will occur at a future date or when certain conditions are met.
2. Risk Transfer: The risk remains with the seller until the ownership is transferred to the buyer.
3. Rights of the Buyer: The buyer has the right to demand the transfer of ownership once the
agreed conditions are met or the specified time arrives.
4. Enforceability: It is an executory contract, meaning it is to be performed in the future and
becomes a sale once the conditions are fulfilled.
Example
A customer agrees to purchase a customized piece of furniture from a manufacturer. The
manufacturer promises to deliver the furniture in two weeks, upon which the customer will pay the
remaining balance. Ownership of the furniture remains with the manufacturer until delivery and
final payment.
Differences between Sale and Agreement to Sell
1. Ownership Transfer:
- Sale: Immediate transfer of ownership.
- Agreement to Sell: Future transfer of ownership.
2. Risk Transfer:
- Sale: Risk transfers to the buyer immediately.
- Agreement to Sell: Risk remains with the seller until ownership is transferred.
3. Nature of Contract:
- Sale: Executed contract.
- Agreement to Sell: Executory contract.
What do you understand by Crossing of Cheque .Explain its significance .Explain various types of
crossing
Ans.=
A cheque is a part of the active financial system that makes it a crucial instrument to send and get
money without any physical transfer of cash. How useful is the cheque, and what is a cross cheque?
In simple words, a cheque is tagged as a critical document that could be used by an individual,
organization, or government for the transaction of varied fund values.
Cross Cheque Meaning
•A crossed cheque is primarily any cheque that is crossed with two parallel lines.
•The lines could be drawn either across the whole cheque or with the top left-handed corner.
•It simply means that the particular cheque could only be deposited straightway into a bank
account and would not be instantly cashed by a bank or by any credit institution.
•This ensures a level of security for the payer since it needs the funds to be handled with a
collecting bank.
•Includes the words "Account Payee" or "A/C Payee" within the crossing lines.
•Ensures the cheque can only be credited to the account of the named payee, further securing the
transaction.
Q5. State the difference between "Holder" and "Holder in due course. Explain the privileges of a
holder in due course under Negotiable Instruments Act, 1881
Ans.=
Difference Between "Holder" and "Holder in Due Course"
Holder:
•Definition: An HDC is a holder who acquires the negotiable instrument in good faith, for value, and
without notice of any defect or claim against the instrument before it becomes overdue.
•Acquisition: Must meet specific conditions: acquire the instrument for consideration, in good faith,
and without notice of any prior defects or claims.
•Rights: Has superior rights and is protected against many defenses that could be raised against a
regular holder. Can enforce the instrument free from any defects of title of prior parties and from
personal defenses.
•Protection: Protected against claims and defenses that prior parties might have, except for real
defenses like forgery, fraud in the execution, or incapacity.
•Example: If someone buys a promissory note in good faith and without knowledge of any issues
with it, they become an HDC and can enforce payment despite any previous problems.
Privileges of a Holder in Due Course Under the Negotiable Instruments Act, 1881
1. Better Title:
•Free from Defects: An HDC holds the instrument free from any defect of title of prior parties and
from defenses available to prior parties among themselves. This means they can claim the amount
despite issues such as fraud or illegality in prior negotiations.
2. Protection Against Prior Defects:
•Unconditional Payment: The HDC can claim payment from all prior parties to the instrument,
including the maker, acceptor, drawer, and endorsers, even if there were problems in previous
transfers.
3. Right to Sue in Their Own Name:
•Legal Standing: An HDC can sue on the instrument in their own name and recover the full amount
due without being subject to defenses that could be raised against the original holder.
4. Negligence Not an Issue:
•Good Faith Presumption: The law presumes that the HDC acquired the instrument in good faith,
placing the burden of proof on the defendant to show otherwise.
5.No Requirement for Consideration:
•Assumed Value: Consideration is presumed to have been given for the instrument in the hands of
the HDC, simplifying the process of enforcement.
6.Estoppel Against Denying Original Validity:
•Validity Assurance: Parties who sign the instrument are estopped (prevented) from denying its
original validity in the hands of an HDC.
7.Defenses Limited to Real Defenses:
•Limited Defenses: The HDC is only subject to real defenses such as forgery, incapacity, or material
alteration. Personal defenses like lack of consideration or breach of contract do not apply against an
HDC.
Ans.=
a) Registration of a Partnership Firm
Registering a partnership firm in India is not mandatory under the Indian Partnership Act, 1932, but
it is highly recommended due to the various legal benefits it provides. Here is a detailed explanation
of the registration process:
- Partnership Deed.
- Form No. 1 (Application for Registration).
- Affidavit declaring the intention to start a partnership firm.
- Proof of principal place of business (e.g., rent agreement, utility bill).
- PAN card and address proof of all partners.
1. Legal Recognition: Registration gives the firm a legal identity, which helps in opening bank
accounts, obtaining licenses, and entering into contracts.
2. Dispute Resolution: Only registered firms can sue and be sued in a court of law. This legal
capability ensures protection and recourse in disputes.
3. Proof of Existence: A registered firm is considered more credible by clients, suppliers, and
financial institutions.
4. Conversion to Other Entities: Registration simplifies the process of converting the partnership
into a Limited Liability Partnership (LLP) or a private limited company in the future.
5. Access to Government Schemes: Registered firms can avail themselves of various government
schemes and subsidies designed for businesses.
b)
A partnership deed is a written legal document that outlines the terms and conditions agreed upon
by the partners of a partnership firm. It serves as a foundational agreement that governs the
operations, rights, responsibilities, and obligations of the partners within the partnership. Here's a
breakdown of its components and significance:
1. Partnership Details:
- The deed starts by stating the name of the partnership firm.
- It also includes the date when the partnership was formed or will commence its operations.
- Additionally, it mentions the names and addresses of all partners involved in the partnership.
2. Nature of Business:
- Describes the nature of the business activities that the partnership will engage in.
- Specifies any limitations or restrictions on the type of business activities that the partnership can
undertake.
3. Capital Contribution:
- Outlines the initial capital contributed by each partner to the partnership.
- Specifies whether the capital contribution will be made in cash, assets, or other forms of
investment.
- Defines the procedures for additional capital contributions if required in the future.
4. Profit-Sharing Ratio:
- Specifies the proportion in which profits and losses will be shared among the partners.
- The profit-sharing ratio may be equal among all partners or based on the capital contribution,
effort, or other agreed-upon criteria.
9. Miscellaneous Provisions:
- Includes any other relevant provisions agreed upon by the partners, such as non-compete
clauses, confidentiality agreements, or dispute resolution mechanisms.
- Clarity and Understanding: Provides clarity and understanding of the rights, duties, and obligations
of each partner within the partnership.
- Legal Protection: Serves as a legal document that can be used as evidence in case of disputes,
disagreements, or legal proceedings.
- Prevention of Misunderstandings: Helps prevent misunderstandings and conflicts among partners
by clearly defining the terms of the partnership agreement.
- Guidance for Operations: Provides guidance for the day-to-day operations and management of the
partnership, ensuring smooth functioning.
- Regulatory Compliance: Helps ensure compliance with legal and regulatory requirements
governing partnerships in the jurisdiction.