Bills of Exchange by Gupta

V8_INDEX

Index
ACCEPTOR?see also  BILL(S)  OF EXCHANGE;   CHEQUE(S); NEGOTIABLE  INSTRUMENT(S)
honour, for, meaning of, 565
meaning of, 195
ACCOUNT
overdue?See  OVERDUE  ACCOUNT
AGENCY? see also AGENT; POWER-OF-ATTORNEY; PRINCIPAL; RATIFICATION
consideration if necessary to create, 17
AGENT? see also  AGENCY; POWER-OF-ATTORNEY; PRINCIPAL, RATIFICATION
appointment of substitute by, permissible when, 18
delegation of authority by, power of, 18
notice to, 756
ratification by principal acts of, done without authority, 20? see also  RATIFICA-
TION
AGREEMENT(S)
adoption, 392
relating to company, 392
charter?see CHARTER AGREEMENT
formation, 391
licence?see LICENCE AGREEMENT
underwriting, 392
relating to reconstruction of company, 392
AMALGAMATION
companies, of
stamp duty for, 396
remissions of, 397
transfer of undertaking
exchange of shares, by, 396
generally necessary for, 395
reconstruction and, difference between, 393
ARBITRATOR(S)
notice to appoint one of two, (form), 786
notice to one arbitrator to act alone on default of other party to appoint, (form),
786
notice to revocation to, (form), 788
10951096 CONVEYANCING, DRAFTING & DEEDS
ARTIST
jewellery manufacturers and, between, for independent contractor services,
(form), 843
sponsorship agreement, (form), 842
sponsorship recording agreement, (form), 829
ASSIGNMENT
indemnity, of, 343
ATTESTATION
bill of exchange, of, 225
negotiable instruments, of, 225
promissory note, of, 225
AUCTION
notice of
collateral security, of, (form), 761
AWARD CEREMONY
sponsorship agreement of, (form), 896
BANK GUARANTEE
enforcement of, 264
interference by courts, and, 266
genuine, must be, 267
invocation of
failure to pay contribution to employees?  welfare fund by contractor, for, 266
sick industry, against, 266
irrevocable letter of credit and, difference between, 267
surety withdrawing, effect of, 271
BANKER?S DRAFT
form of, 250
BAR AND RESTAURANT
general power-of-attorney for carrying on, controlling and managing business
of, (form), 70
BILL(S) OF EXCHANGE?see also   ACCEPTOR; CHEQUE(S); DRAWEE; DRAWER;
HOLDER; FOREIGN INSTRUMENT;  INDORSEMENT; INDORSER;   INLAND INSRTUMENT;
NEGOTIABLE INSTRUMENT(S)
attestation of, 225
cheque and, distinction between, 194
essential of, 193
forms of
bill of exchange drawn without recourse, 248
bill of exchange payable after date, 246
bill of exchange payable on demand, 245
bill of exchange payable on demand to single person, 249INDEX 1097
BILL(S) OF EXCHANGE ? Contd.
forms of ? contd.
bill of exchange payable on demand to two persons, 249
bill of exchange payable after date of specified period to self or order, 247
bill of exchange payable after sight, 247
bill of exchange payable at sight to or to the order of a specified person
with interest, 246
bill of exchange payable on demand to or to the order of a specified person
with interest, 246
bill of exchange payable to self after date of the specified period, 248
bill of exchange payable to three persons or to the order of any one of them
within specified period after presentation, 248
foreign bill of exchange in set of three with indication of source from which
acceptor may recoup himself  or account to be charged, 250
non-transferable bill of exchange, 247
notarial notice of noting or of protest for non-acceptance or non-payment
of bill of exchange to endorser, 255
notarial service of notice of protest for non-payment of bill, 256
notice of dishonour, 249
noting for non-acceptance, 255
protest by judicial magistrate (where there is no notary) for non-acceptance
of bill, 252
protest for non-payment of bill of exchange, 250
payable at stated place, 251
generally, 251
international?see INTERNATIONAL BILLS OF EXCHANGE
meaning of, 192
payable
after sight, meaning of, 198
at sight, meaning of, 198
on demand, meaning of, 198-199
on presentation, meaning of, 198-199
registration of, 225
stamp duty on, 225
BLANK PROMISSORY NOTE
signing and delivery of, 190
effect of, 190
BOAT
booking terms and conditions for, (form), 686
charter agreement, of, (form), 674
BODY CORPORATE?see also COMPANY; CORPORATION
meaning of, 390
BOND
bottomry, (form), 706
indemnity, (form), 348, 388, 389
vendor to purchaser immovable property, 3491098 CONVEYANCING, DRAFTING & DEEDS
CHARTER AGREEMENT
boat, of, (form), 674
yatch,of, (form), 678
CHEQUE(S)?see also  BILL(S)  OF EXCHANGE;  ACCEPTOR;  DRAWEE; DRAWER;
HOLDER; FOREIGN INSTRUMENT;  INDORSEMENT;  INDORSER;  INLAND INSTRUMENT;
NEGOTIABLE INSTRUMENT(S)
bill of exchange and, distinction between, 194
characteristics of, 193
dishonour of
notice ot, (form), 762
ingredients to constitute offence u/s. 138 of N.I. Act, and, (form), 197
meaning of, 193
notice of dishonour to drawer of, (form), 810
stamp duty on, 225
stop payment on
notice to bank to, (form), 762
CHILDREN FILM FESTIVAL
sponsorship request for, (form), 846
CLAIM(S)
advertisement for outstanding, (form), 796, 799
defective goods, of
notice of, (form), 765
lien, of, by sub-contractor, (form), 770
CLUB(S) ? see also SOCIETY(IES)
forms relating to
bye-laws of Bank Employees?  Co-operative Credit Bank Ltd., 617
bye-laws of Indian Crown Green Bowling Association, 554
bye-laws of Hong Kong Hockey Association Women?s Section, 528
bye-laws of middle town radio control society club, 571
bye-laws of shooting club, 570
bye-laws of Sun Lakes Model Airplane Club, 574
bye-laws of Wandsworth swimming club, 566
clearing agents association, 614
model bye-laws and regulations for golf club, 593
model bye-laws for lawn tennis club, 581
model bye-laws for social service organisation, 589
model bye-laws for sports and travel club, 599
model rules and bye-laws for social recreation club, 607
model rules and regulations for atheletic club, 586
silent knights soaring society, 573
tennis club constitution of the golfing society, 549
incorporation of, 526
investment
partnership, if, 527
what is, 527INDEX 1099
CLUB(S) ? Contd.
kinds of, 526
management of, 526
registration of, under Societies Registration Act, 527
rules, 527
alteration in, 527
binding upon members, if, 527
what is, 526
COLLATERAL SECURITY
promissory note with, (form), 235
power of sale, and, (form), 236
COMPANY(IES)?see also BODY CORPORATE; CORPORATION
acquisition of shares upon amalgamation and/or reconstruction of, 394
adoption agreements, 392
agreement to allot shares in consideration of property to be sold or services to
be rendered to, validity of, 393
amalgamation
acquisition of shares upon, of, 394
reconstruction, and, distinction between, 394
stamp duty as to, 396
remissions of, 397
transfer of undertaking
exchange of shares, by, 396
generally necessary for, 395
formation agreements, 391
forms relating to
agreement adopting amalgamation by new company incorporating modi-
fications in principal agreement, 510
agreement between several companies and firms for the purpose of
formation of a new company, 516
agreement between shareholders of a company and a purchasing com-
pany for acquisition of shares with provision for assistance for procuring
other shareholders to consent to sell of their shares, 491
agreement between three persons to form a company for acquisition of land
and development of project block of flats, 467
agreement between two amalgamating companies and a new company for
sale of business and assets of amalgamating companies to new
company, 508
agreement between two companies one devesting its industrial products
division to other company, 438
agreement between two companies to undertake joint venture by forming
a new company for manufacturing and marketing of new product, 470
agreement between liquidator of a company (in liquidation) a new company
and the creditor to discharge debts, 505
agreement between two persons for formation of new company with usual
convenants for investments etc., 4641100 CONVEYANCING, DRAFTING & DEEDS
COMPANY(IES) ? Contd.
forms relating to ? contd.
agreement between two shareholders to purchase shareholdings of the
other upon his death to make provisions for the widow of the deceased
shareholder, 500
agreement between underwriter and a company under reconstruction for
formation of a new company with provision for adoption of the drafts of
special  resolution, memorandum and articles of association and recon-
struction, 506
agreement confirming title of allottees to shares of a new company formed
by way of reconstruction, 512
agreement for formation of a company between two persons, one making
use of his invention and the other providing requisite funds to exploit the
invention, 460
agreement for formation of new company by way of amalgamation of two
existing companies and sales of amalgamated undertakings to the new
company ? necessary provisions for payment to dissentient sharehold-
ers, 477
agreement for reconstruction of existing company by way of sale to new
company, 513
agreement for sale between two companies of all corporate assets for
shares, 449
agreement for sale by liquidator of the assets of a company in liquidation
in consideration of payment of composition to creditors subject to
sanction of the court or the committee of inspection, 489
agreement for sale of business and assets of a closed company is the form
of sale of whole or the issued share capital of the company to a new
company, 502
agreement for sale of entire share capital of a company to another company,
496
agreement for sale of part of business of a company to a newly formed
wholly-owned subsidiary company, 482
agreement for sale of shares of a company with provision for conversion
of existing ordinary shares and issue of bonus shares, 493
agreement for sale of whole issued and allotted shares capital, 498
appointment of general proxy , 460
contract of sale of all corporate property not in usual course of business,
448
deed poll by way of declaration of sale of all corporate personal property,
448
flying club rules, 572
golf society rules, 550
guarantee for repayment of debts of corporation by shareholders, 451
lease of all or nearly all corporate property not in usual course of business
together with sale of all raw materials, stock-in-trade and work-in-
progress, 444INDEX 1101
COMPANY(IES) ? Contd.
forms relating to ? contd.
licence agreement between corporations, 452
minutes of annual general meeting of shareholders of limited company, 458
minutes of annual meeting of stockholders, 457
minutes of first meeting of shareholders of limited company, 457
model by-laws for small profit company, 453
ratification of minutes of meeting by shareholder, 459
model object clauses
accident insurance business, to carry on, 417
advertising agents, business as, to carry on, 410
airlines business, to carry on, 414
amusement and entertainments performances, business as, to carry on,
420, 421
automobile manufacturers, business of, 404
banking business, to carry on, 431
builders and contractors, business of, 403
business consultants and sales promotion, 409
carriers, business as, to carry on, 414
chemists, manufacturing, 425
cinema and theatre halls, owners of, 428
circus owner, business as, to carry on, 436
club, formation of, 434
cosmetic products, manufacturers of, 427
engineering and manufacturing business, 403
entertainments performances, amusement and, to carry on business as,
421
fabric manufacturers, paper and, 427
farming business, 407
film distributors and film producers, to work as, 428
finance companies, 429
fire insurance business, to carry on, 417
foreign trade, business in, to carry on, 413
gas for lighting, heating, etc, manufacturers and suppliers of, 405
general insurance business, to carry on, 415
hairdressers, business as, to carry on, 424
hire-purchase finance, business in, to carry on, 434
hiring television and radio, to carry business of, 437
hotel business, restaurants and, to carry on, 423, 424
household furnishers and their maintenance, dealers in, 406
immovable property, dealing in, 398
instruments and apparatus, manufacturers of, 406
insurance agents, business as to carry on, 419
insurance business
accident,  to carry on, 417
fire, to carry on, 4171102 CONVEYANCING, DRAFTING & DEEDS
COMPANY(IES) ? Contd.
model object clauses ? contd.
insurance business ? contd.
general, to carry on, 415
life, to carry on, 418
marine, to carry on, 418
insurance consultants, business as, to carry on, 420
investment company, to carry on, 432
life insurance business, to carry on, 418
management consultants, business as, to carry on, 433
marine insurance business, to carry on, 418
mines and minerals, dealing with, 398
mining and timber, to carry on business in, 412
motor garage and servicing centres, establishment of, 405
musical performances, treatrical and, to carry on business of, 435
office premises, providing for, and secure office personnel for principals,
409
office services, business in, 408
oil mill, seed crushers and, business of, 426
paper and fabric manufacturers, 427
patents and inventions, dealing in, 411
pictures and publishers of books, agents and producers of working as, 412
plastic products, manufacturers of, 426
printers and publishers, business of, 411
publishers of books, pictures and, working as agents and producers of, 412
publishers, printers and, business of, 411
radio and television, hiring, to carry on business of, 437
railways and steamships, dealing with, 401
refiners of petroleum products, to work as, 425
restaurants and hotel business, to carry on, 423, 424
road transport, business in, to carry on, 423
sales promotion, business consultants and, 409
school, establishment of professional and vocational, 402
seed crushers and oil mill, business of, 426
shares and securities, to carry on business in, 433
ship, repairs and construction of, 399, 400
steamships, railways and, dealing with, 401
telephone services, renting and maintenance of, business in, 409
television and radio, hiring, to carry on business of, 437
television programme contractors, business as, to carry on, 437
theatrical and musical performances, to carry on business as, 435
threatre halls, cinema and, owners of, 428
timber, dealers in, 405
timber, mining and, to carry on business in, 412
traders association, establishment of, 407
travel agents, business as, to carry on, 410INDEX 1103
COMPANY(IES) ? Contd.
model object clauses ? contd.
underwriting business, to carry on, 419
transfer of assets including immovable property of a company in voluntary
liquidation in favour of two shareholders holding the entire shares, in
satisfaction in specie of their interest in the company, the property being
subject to legal charge, 487
transfer of immovable property by a company in voluntary liquidation in
favour of a shareholder in satisfaction in specie of his interest in the
company, 848
meaning of, 390
pre-incorporation contracts by, 391
reconstruction
acquisition of shares upon of, 394
amalgamation, and, distinction between, 393
transfer of undertaking
exchange of shares, by, 396
generally necessary for, 395
registration
immovable properties of, of, 397
shareholder of, when, transfers his share, 397
sale of undertaking by, 394
memorandum of articles, under power in, 396
scheme of contract for acquisition of entire share-capital of, upon amalgamation
or reconstruction, 393
transfer of undertaking
exchange of shares, by, 396
generally necessary for, 395
underwriting agreements, 392
CONSIDERATION
enforceability of, 262
CONSULTANCY
development, 908
kinds of, 908
process, 908
research, 908
resource, 909
what is, 907
CONSULTANCY PROJECT CONTRACT
what should normally be included in, 921
CONTINUING GUARANTEE
fixed sum until repayment of debt, for, (form), 287
meaning of, 261
revocation of, 2751104 CONVEYANCING, DRAFTING & DEEDS
CONTRACT
indemnity, of
contingency insurance and, distinction between, 343
contract of guarantee and, distinction between, 338
extent and nature of indemnifier?s liability, 338
notice of session of, (form), 802
CORPORATION?see also BODY CORPORATE; COMPANY(IES)
meaning of, 390
DAMAGED GOODS
notice to elect to accept, (form), 770
DAMAGES
indemnity and, distinction between, 343
DEBT
bond
notice to obligor of assignment of, (form), 799
mortgage
notice requiring payment of, (form), 794
notice to debtor of assignment of, (form), 800
DEBTOR
joint
suretyship and, 269
DEVELOPER
general power-of-attorney for development, construction and sale of flats by,
(form), 73
DISABLED PERSON
notice to, 758
DISHONOUR OF CHEQUE
notice of, (form), 762
offence u/s. 138 of N.I.Act, 197
DISSOLUTION
notice of, (form), 804
DONEE
capacity of, 17
DONOR
capacity of, 16
DRAWEE?see also BILL(S)  OF EXCHANGE; CHEQUE(S) ; NEGOTIABLE  INSTRUMENT(S)
meaning of, 195
DRAWER? see also BILL(S) OF EXCHANGE; CHEQUE(S); NEGOTIABLE INSTRUMENT(S)
meaning of, 195INDEX 1105
FILM FESTIVAL?see CHILDREN FILM FESTIVAL
FIRM
promissory note by, (form), 233
registered
notice to, 757
FLYING CLUB
rules of, (form), 572
FOREIGN INSTRUMENT
meaning of, 197
GENERAL POWER-OF-ATTORNEY
forms relating to, 39, 40
special power-of-attorney, or, determination of, 9
competency of, to dispose as witness, 17
power of, 9
GOLF SOCIETY
tennis club constitution of, (form), 549
rules of, (form), 550
GOVERNMENT
notice to, 758
GUARANTEE
bank?see BANK GUARANTEE
enforcement of, 264
conditional
meaning of, 263
consideration for, 262
contract and term of contract, distinction between, 262
enforceablity of, 262
continuing, revocation of, 275
contract of
contract of indemnity and, distinction between, 338
essentials of, 258
kinds of, 258
meaning of, 258, 261
creditor, meaning of, 258
forms relating to, 277
agreement between co-sureties setting their mutual rights and obligations,
330
agreement for release of retiring surety, principal debtor, creditor and new
surety joining the agreement, 333
agreement of guarantee to secure debts of company with collateral
undertakings by stockholders, 279
G : CDD (Vol. 8) ? 701106 CONVEYANCING, DRAFTING & DEEDS
GUARANTEE ? Contd.
forms relating to ? contd.
agreement subordinating financial claims of creditor to other claims, 288
agreement whereby one of the joint obligators is converted into surety for
the other, 332
continuing guarantee by joint sureties for a running account limited to an
aggregate sum, 325
continuing guarantee by joint sureties up to specified amount for supply of
goods to a trader, liabilities of co-sureties being for unequal sums, 326
continuing guarantee covering supply of goods on credit to third party , 320
continuing guarantee for fixed sum until repayment of debt, 287
contract of guarantee for providing telecommunication services, 282
continuing guarantee for repayment of money secured by debentures, 321
continuing guarantee in favour of bank securing advances to be made to
customers, 322
deed of release in favour of surety as to his obligation under the guarantee,
334
demand for repayment of advances, 290
demand on guarantor, 289
fidelity guarantee by individual for an employee of a company, 313
fidelity guarantee by insurance company guaranteeing fidelity of govern-
ment official, undertaking by the official as to his own fidelity, 317
fidelity guarantee given by association of officers of local body for named
officers who are members of association, 314
fidelity guarantee policy for an employee of local authority, 306
fidelity guarantee policy for an employee with variation for more than one
employee and for collective policy containing several guarantee for
respective employees, 311
fidelity guarantee policy on behalf of a government official by insurance
company where personal undertaking is not given by the official, 309
general guarantee, 277
guarantee against performance of obligation under promissory note, 277
guarantee and hypothecation of fixed deposit receipt moneys, cash
certificates, monthly income certificate, 335
guarantee by second mortgagee on behalf of mortgagor in consideration
of first mortgagee not exercising his power of sale, 298
guarantee by separate instrument, 284
guarantee by surety on behalf of tenant for payment of rent and observance
of terms of tenancy agreement by tenant, 302
guarantee for prompt repayment of loan to lender, 276
guarantee for supply of goods on credit to third party limited to single
transaction, 299
guarantee given by bank upon reduction of share capital by a company for
payment of debt or claim, 300
guarantee given to finance company securing performance of dealer?s
obligations under master agreement, 303INDEX 1107
GUARANTEE ? Contd.
forms relating to ? contd.
guarantee in respect of payment of arrears of rent, 295
guarantee in respect of payment of dividends, 295
guarantee of pledges to secure debt, 278
guarantee under hire-purchase agreement for payments due and payable
thereunder, 303
guarantee under hire-purchase agreement securing performance of hirer?s
obligations, 304
guarantee with collateral security for securing payment and performance
of obligations, 281
joint and several guarantee in favour of bank securing advances to be made
to customers, 327
letter of guarantee by surety in favour of seller to secure buyer?s obligation
under credit sale agreement, 296
letter of guarantee creating charge upon securities deposited to secure
advances, 296
letter of guarantee furnished by surety under hire-purchase agreement, 294
letter of guarantee in favour of bank by surety securing repayment of
liabilities of borrower, 291
notice of revocation of guarantee, 291, 760
notice of revocation of guarantee by executors of deceased surety, 817
notice of revocation of guarantee where no power of revocation is reserved,
816
notice of revocation of guarantee where power of revocation is reserved,
816
notice to surety that principal debtor has made default and requiring
payment, 817
simple guarantee for supply of goods on credit to third party with appro-
priation of payments, 300
subordination agreement between secured creditor and debtor in respect
of claim against collateral securities, 289
unlimited guarantee as to the amount and duration, 286
unlimited guarantee respecting credit, 285
joint debtors and suretyship, 269
joint promisor, if co sureties, 269
meaning of, 258
performance, 259
principal debtor, meaning of, 258
registration of, 276
revocation of
notice of, (form), 291
revocation of continuing, 275
stamp duty on, 276
suretyship, joint debtors and, 2691108 CONVEYANCING, DRAFTING & DEEDS
GUARANTEE ? Contd.
surety
discharge of, 271
creditor when compounds with, gives time to, or agrees not to sue,
principal debtor, 272
release or discharge of principal debtor, 273
variance in terms of contract, by, 271
joint, 268
liability, 269
meaning of, 258, 268, 269
position of, 268
remedies of, 274
rights of, 274
when not discharged, 273
creditor?s forbearance to sue, 273
release of one co-surety does not discharge others, 273
when agreement is made with third person to give time to principal
debtor, 273
GUARANTOR
demand on, (form), 289
notice of, (form), 761
HINDU UNDIVIDED FAMILY
notice to, 758
HOLDER
due course, in, meaning of, 195
meaning of, 195
HONG KONG HOCKEY ASSOCIATION WOMEN?S SECTION
bye-laws of, (form), 528
IMMOVABLE PROPERTY (IES)
company of
registration of, 397
INDEMNITY
assignment of, 343
contract of
contingency insurance, and, distinction between, 343
contract of guarantee and, distinction between, 338
indemnifier?s liability for
extent of, 338
nature of, 338
meaning of, 337
registration of, 344
stamp duty on, 344INDEX 1109
INDEMNITY ? Contd.
covenant not amounting to, idemnity and, distinction between, 342
creation of rights of, 339
damages, and, distinction between, 343
enforcement of, 340
forms of, 344
agreement and indemnity relating to foreign documentary credit, 359
assignment of indemnity against lost title deeds by vendor pursuant to a
clause in original indemnity by erstwhile owner, 352
clauses on indemnification provision in contract, 344
counter-indemnity by customer in favour of bank against bank guarantee
issued by bank at the request of customer, 386
counter-indemnity in the form of letter, 387
indemnity against outstanding calls on shares, 355
indemnity agreement, 347
indemnity bond, 348
indemnity bond by vendor to purchaser immovable property, 349
indemnity bond to accompany application for sanction of building plan
under sec. 29 of Urban Land (Ceiling and Regulation) Act, 1976 .. 357
indemnity clause in highway development project contract against injury
to persons to property, 346
indemnity by company secured by assignment of book debts of guarantors
who have requested the company to discharge them from the guarantee,
369
indemnity by company to guarantors and secured by assignment of book
debts, 370
indemnity by contractor against any loss or damage to owner resulting from
breach in performance of contract by contractor, 361
indemnity by drawer of bill in the form of undertaking to provide for
accommodation bill, 356
indemnity by insurance company to surety in respect of his liability under
fidelity bond, 367
indemnity by landlord to tenant protecting rents paid during pendency of
suit against landlord as to the title to property let out, 353
indemnity by one of joint purchasers of immovable property to other co-
purchaser who had provided his one-half share or purchase money and
balance of purchase money was secured by mortgage of entire property,
372
indemnity by shareholder to company against legal costs and expenses to
defend suit in company?s name, 358
indemnity by vendor in favour of purchaser of immovable property which
was originally subject to lease but no formal surrender has been made
thereof by assignee, 355
indemnity given by beneficiaries to trustees who have made certain
investment out of trust fund not authorised by settlement at the request
of beneficiaries, 3791110 CONVEYANCING, DRAFTING & DEEDS
INDEMNITY ? Contd.
forms of ? contd.
indemnity given by beneficiaries to trustees who have purchased property
out of trust fund in breach of trust, 380
indemnity given by beneficiaries under a will in favour of executors for
allowing time to debtor?liabilities shall be limited to their respective
shares, 377
indemnity given by borrower in support at mortgage for repayment of
advances made by building society, 358
Indemnity given by tenants for life to executors for holding on investments
without sale or conversion, contrary to terms of the will, 375
indemnity given to executors by beneficiaries under the will for carrying on
testator?s business although the same was not authorised by the will, 378
indemnity given to executor by debtor who has been granted extension of
time for repayment of debt due to testator?s estate, 382
indemnity given to trustees by husband and wife for exclusion from vesting
certain pecuniary legacy in favour of trustees, 383
indemnity given to trustees by husband and wife upon payment to husband
of trust fund subject to life interest do wife in default of a child being born
of the wife who has crossed her age of materials, 384
indemnity in the form of trust certificate given to bank in consideration of
the latter handling over documents of title to goods pledged, 373
indemnity to executors by legatee in consideration of payment of legacy
pending, 374
indemnity bond by shareholder to company against issue of duplicate share
certificate for the original that has been lost?two sureties joining, 388
indemnity bond for transmission of shares to heirs of deceased share-
holder, 389
indemnity under hire-purchase agreement against any loss to be suffered
by owner, 366
letter of indemnity by surety in favour of seller to secure buyer?s obligation
under credit sale agreement, 354
letter of indemnity in lieu of guarantee furnished in support of hire-purchase
agreement, 350
letter of indemnity to company by shareholder for issue of new share
certificate in lieu of original which has been lost or destroyed, 387
open indemnity in favour of finance company by dealer under hire-purchase
or credit sale agreements, 364
indemnifier, rights of for subrogation, 341
illegal, 341
liability of indemnifier?s heirs and succesors, 344
marine insurance, as applicable to, 339
meaning of, 337
registration of, 344
rights of indemnifier for subrogation, 341
stamp duty on, 344
subject-matter of, 339INDEX 1111
INDIAN CROWN GREEN BOWLING ASSOCIATION
bye-laws of, (form), 554
INDORSEMENT?see also  ACCEPTOR; BILL(S)  OF EXCHANGE; CHEQUE(S); DRAWEE;
DRAWER;  HOLDER;  INDORSER; PAYEE; PROMISSORY NOTE
form of, 196
meaning of, 195
nature of, 196
INDORSER?see also  ACCEPTOR;  BILL(S)  OF EXCHANGE; CHEQUE(S); DRAWEE;
DRAWER; HOLDER; INDORSEMENT; PAYEE;  PROMISSORY NOTE
meaning of, 196
INDUSTRY
sick?see SICK INDUSTRY
INFRINGEMENT
trade-mark, of
notice against, (form), 818
INLAND INSTRUMENT
meaning of, 197
INSOLVENCY
notice of reclamation of goods upon, (form), 765
INSURANCE
contingency
contract of indemnity and, 343
marine?see MARINE INSURANCE
INTERNATIONAL BILLS OF EXCHANGE
international promissory notes and, 206
IRREVOCABLE LETTER OF CREDIT
bank guarantee and, difference between, 267
JOINT DEBTOR(S)
suretyship and, 269
JOINT PROMISOR
co-sureties if, 269
LEASE
agreement
operation of service station within shopping mall, (form), 1077
shopping centre, of, (form), 1050
shop-room, in, (form), 1030
restaurant, of
shopping mall, within, 10521112 CONVEYANCING, DRAFTING & DEEDS
LETTER OF CREDIT
irrevocable
bank guarantee and, difference between, 267
LICENCE AGREEMENT
corporations, between, (form), 452
LIEN
claim of
sub-contractor, by, (form), 770
MALL?see SHOPPING MALL
MARINE INSURANCE
indemnity as applicable to, 339
MARITIME GLOSSARY,  721-750
MEGAMALL
meaning of, 1009
MIDDLE TOWN RADIO CONTROL SOCIETY CLUB
bye-laws of, (form), 571
MORTGAGE
forms relating to
notice by second mortgagee to first mortgagee, 795
notice of intention to pay off mortgage, 794
notice requiring payment of mortgage debt, 794
notice to mortgagor of transfer of mortgage, 795
notice to mortgagor where money is payable on demand, 794
NEGOTIABLE INSTRUMENT(S)?see also  ACCEPTOR; BILL(S)  OF EXCHANGE;
CHEQUE(S); DRAWEE;  DRAWER;  FOREIGN INSTRUMENT;  HOLDER;  INDORSEMENT;
INDORSER;  INLAND INSTRUMENT;  PAYEE;  PROMISSORY NOTE
agent?s capacity to, 200
alteration in, material, effect of, 205
attestation of, 225
capacities of parties to, 199
consideration for, 201
corporation?s capacity to, 200
forms of
banker?s draft, 250
bill of exchange?see BILL(S)  OF EXCHANGE
promissory notes ? see PROMISSORY NOTE
material alteration in, 191
effect of, 205
notice of dishonour of, 202
mode of service of, 202
necessary when, 203INDEX 1113
NEGOTIABLE INSTRUMENT(S) ? Contd.
notice of dishonour of ? contd.
non-acceptance, due to, 202
non-payment, due to, 202
who will give, 202
whom, to be given to, 202
legal representative?s capacity to, 201
meaning of, 186
minor?s capacity to, 199
partner?s capacity to, 201
restriction on drawing or accepting, payable to bearer on demand, 187
rules of presumption as to, 204
stamp duty on, 225
which are not, 186
NEGOTIABLE INSTRUMENTS ACT, 1881
sec. 138
dishonour of cheque and ingredients to constitute offence under, 197
NOMINATION
notice of, of sons as partners, (form), 808
NON-NEGOTIABLE RECEIPT
form of, 703
NOTICE(S)
advocate, by, 755
advocate, to, 757
agent, by, 755
agent, to, 756
association of persons, to, 757
body corporate, to, 757
club, to, 757
company, by, 755
company, to, 757
construction of, 752
contractual, 754
corporation, by, 755
corporation, to, 757
directory, 754
Government, to, 759
forms of, 758
advertisement for outstanding claims, 796, 799
application by tenant to landlord for licence to assign or underlet, 776
appointment of meeting (in the matter of arbitration) with notice of intention
to proceed ex parte, 793
circular announcing change in partnership on death of partner, 807
circular announcing change in partnership on retirement of partner and
mission of new partner, 8051114 CONVEYANCING, DRAFTING & DEEDS
NOTICE(S) ? Contd.
forms of ? contd.
claim of lien by sub-contractor, 770
demand of possession, 778
enlargement of time by arbitrator under power in submission, by endorse-
ment, 791
final notice before legal action, 771
final notice of demand by owner to hirer u/s. 18 of Hire Purchase Act, 1972
.. 813
interlocutory direction (in the matter of arbitration) as to pleadings and other
matters, 792
interlocutory direction (in the matter of arbitration) that parties to deliver
particulars of claim and defence etc., 792
notice against infringement of trade mark, 818
notice by hirer of termination of hire-purchase agreement u/s. 10 of Hire
Purchase Act, 1972 … 815
notice by landlord of consent to proposed improvements, 779
notice by landlord of consent to proposed improvements subject to
modifications, 779
notice by landlord of objection to improvements proposed by tenant, 778
notice by landlord offering to execute improvements himself in consider-
ation of increase of rent, 779
notice by landlord to determine tenancy-at-will, 773
notice by landlord to resume possession, 780
notice by landlord to tenant before proceedings for re-entry, 771
notice by landlord to tenant calling upon to carry out repair and pay
compensation as per terms of lease, 774
notice by landlord to tenant of election to exercise opinion  to purchase
fixtures removable by tenant, 777
notice by owner to hirer pursuant to hirer?s persistent default to make
payment or respond to final notice of demand sent by owner, 812
notice by owner to hirer terminating hire-purchase agreement pursuant to
provisions of agreement, 811
notice by owner to hirer terminating hire-purchase agreement u/s. 18 of Hire
Purchase Act, 1972 … 812
notice by purchaser avoiding contract on property becoming subject to
order of acquisition, 782
notice by second mortgagee to first mortgagee, 795
notice by tenant or landlord to determine lease in accordance with proviso
in that behalf, 772
notice by tenant to landlord of intention to remove fixtures in accordance
with proviso contained in lease, 777
notice by transferee of hirer?s rights under hire-purchase agreements to
owner, 815
notice by transferee of owner?s rights under hire-purchase agreements to
hirer, 814INDEX 1115
NOTICE(S) ? Contd.
forms of ? contd.
notice by vendor to purchaser to complete purchase of land where sale is
subject to conditions of sale, 783
notice calling upon arbitrators to act, 791
notice determining tenancy for fixed term determinable by notice after death
of tenant, 778
notice electing to wind up on retirement of a partner, 808
notice exercising option to purchase share of deceased partner, 807
notice from tenant to landlord that he has assigned term, 776
notice of application to stay to party who has commenced action in respect
of matters agreed to be referred, 785
notice of assignment of demised premises by assignee and requiring
payment of future rent to assignee, 775
notice of assignment of lessor?s residual right in the demised premises by
the solicitor or agent of lessor requiring payment of rent to assignee, 775
notice of auction of collateral security , 761
notice of claim by tenant for compensation for improvements, 780
notice of  claim of defective goods, 765
notice of C.O.D.  terms, 765
notice of credit limit, 764
notice of default on promissory note, 763
notice of demand on guarantor, 761
notice of demand to endorsers, 763
notice of dishonour to drawer of cheque, 810
notice of dishonour to endorser of bill, 809
notice of dishonour to endorser of promissory note, 810
notice of dishonoured cheque, 762
notice of dissolution by partner, 804
notice of dissolution or retirement for insertion in the India Gazette, 809
notice of dissolution containing statement of reasons for dissolving part-
nership, 805
notice of expulsion to partner following on preliminary notice, 806
notice of increase of rent on account of improvements, 774
notice of increase of rent on account of increased rates, 773
notice of intended sale of deposited goods, 802
notice of intention to pay off mortgage, 794
notice of intention to publish new work incorporating whole or part of old
unpublished work, 819
notice of meeting to creditors to adopt resolution, 797
notice of nomination on sons as partners, 808
notice of overdue account, 764
notice of private sale of collateral security , 761
notice of reclamation of goods upon insolvency, 765
notice of refusal to accept delivery, 768
notice of rejection of goods, 7661116 CONVEYANCING, DRAFTING & DEEDS
NOTICE(S) ? Contd.
forms of ? contd.
notice of rejection of non-conforming goods, 767
notice of retirement by partner, 804
notice of return of goods sold on appeal, 769
notice of revocation of guarantee, 760
notice of revocation of guarantee by executors of deceased surety, 818
notice of revocation of guarantee where no power of revocation is reserved,
816
notice of revocation of guarantee where power of revocation is reserved,
817
notice of revocation of power-of-attorney, 760
notice of revocation to arbitrator, 788
notice of revocation to party , 789
notice of session of contract, 802
notice of termination of hire-purchase agreement by hirer to owner pursuant
to provision of agreement, 813
notice of witheld delivery, 768
notice requiring arbitrators to appoint umpire in place of one who has died
or refused to act, 789
notice requiring creditor to give particulars or prove of debt, 796, 798
notice requiring payment of mortgage debt, 794
notice to bank to stop payment on cheque, 762
notice to appoint arbitrator in place of one appointed by party or by
agreement where appointed arbitrator refuse to act, 790
notice to appoint one of two arbitrators, 786
notice to appoint or concur in appointing umpire, 789
notice to bailor that goods are ready for re-delivery, 801
notice to cancel entire order, 767
notice to cancel shipment of back-ordered goods, 767
notice to complete purchase of freeholds by purchaser to vendor, 784
notice to complete purchase of freeholds by vendor to purchaser, 783
notice to contractor determining contract works at site, 803
notice to creditors of intention to declare dividend, 796
notice to creditor of intention to pay composition, 795
notice to creditors of proposal for composition, 797, 798
notice to debtor of assignment of debt, 800
notice to debtor of assignment of simple contract debt, 799
notice to debtor or resolution by creditors for winding up of business, 800
notice to elect to accept damaged goods, 770
notice to hirer by assignee or owner?s rights for specified period under rental
agreement, 810
notice to hirer by assignees of owner?s rights under rental agreement, 814
notice to insurance company of assignment of life policy, 801
notice to landlord by tenant of election to make renewal of lease, 775
notice to landlord by tenant to exercise option to purchase demised
premises, 780INDEX 1117
NOTICE(S) ? Contd.
forms of ? contd.
notice to mortgagor of transfer of mortgage, 795
notice to mortgagor where money is payable on demand, 794
notice to obligator of assignment of bond debt, 799
notice to obligee of a bond that one of two joint obligators has become surety
for the other, 816
notice to one arbitrator to act alone on default of other party to appoint, 786
notice to proceed with diligence works at site, 803
notice to produce documents before arbitrator, 793
notice to tenant by landlord or his agent to repair where lease contains
covenant to repair on notice, 772
notice to quit by tenant or his agent ? yearly , quarterly or monthly tenancy,
773
notice to stop goods in transit, 769
notice to surety that principal debtor has made default and requiring
payment, 817
notice to suspend progress of engineering works, 803
notice to umpire by arbitrators of disagreement, 791
notice to vendor by purchaser of intention to rescind contract unless
requisition is withdrawn, 781
notice to vendor to deliver abstract title, 781
preliminary notice to partner with a view to expulsion, 806
revocation or arbitrator?s authority to a power contained in arbitration
agreement, 788
revocation of arbitrator?s authority pursuant to order of court, 787
stoppage in transit notice by unpaid vendor, 785
H.U.F., to, 758
incompetent to contract, by persons, 755
karta of H.U.F., by, 755
kinds of, 753
legally disabled persons, 758
mandatory, 753
meaning of, 751
minor, by, 756
minor, to, 758
object of, 752
partner, to, of registered firm, 757
partnership firm, by registered, 755
partnership firm, to registered, 757
private, 754
public, 754
registered partnership firm, by, 755
registered partnership firm, to, 757
partner of, 757
registration if necessary for service of, 7591118 CONVEYANCING, DRAFTING & DEEDS
NOTICE(S) ? Contd.
requirements of, 754
service of, 758
advocate, to, 757
agent, to, 756
registration if necessary for, 759
solicitor of party, to, 757
stamp duty if necessary for, 759
whom, by, 755
whom, to, 756
society, to unregistered, 757
solicitor of party, to, 757
stamp duty if necessary for service of, 759
statutes, in various, provisions as to, 759
statutory, 757
unregistered society, to, 757
unsound mind, to person of, 758
who can give, 755
ON-LINE SHOPPING MALL AGREEMENT
form of, 1084
OVERDUE ACCOUNT
notice of, (form), 764
PARTY
notice to revocation to, (form), 789
PAYEE ? see also BILL(S) OF EXCHANGE; CHEQUE(S); NEGOTIABLE INSTRUMENT(S)
meaning of, 195
PERSON
disabled
notice to, 758
PLEDGE(S)
guarantee of, to secure debt, (form), 278
POSSESSION
landlord?s notice to resume, (form), 780
POWER-OF-ATTORNEY
agency of necessity ? principles of, 14
agency, to create, consideration if necessary, 17
agent
appointment of substitute by, permissible when, 18
delegation of authority by, power of, 18
ratification by principal acts of, done without authority , 20INDEX 1119
POWER-OF-ATTORNEY ? Contd.
authentication of
execution and, 28
form of, 29
authority of constituted, 13
limitation of, 13
authority of counsel, attorney and advocates, 10
carry on proceedings in court does not include authority to present
document for registration, 6
conduct and represent in certain proceedings before court does not include
the right of audience, 6
authority to
pay debts and implied authorities, 12
receive payments and other implied authorities, 12
recover debts and implied authorities, 12
sell and implied authorities, 12
transact, conduct and manage all affairs and for that purpose to use or sign
principals?  names in all and every documents, includes authority to
execute a lease, 5
cannot go beyond principal, 3
capacities of parties to, 16
donee, capacity of, 17
donor, capacity of, 16
construction of, 4
examples, of, 5
authority to
carry on proceedings in court does not include authority to present
document for registration, 6
conduct and represent in certain proceedings before court does not
include the right of audience, 6
transact, conduct and manage all affairs and for that purpose to use
or sign principals?  names in all and every documents, includes
authority to execute a lease, 5
power to
borrow when
implied, 6
unauthorised, 6
negotiate and sell promissory notes includes power to endorse, 5
purchase goods for cash or on credit in connection with business
and to make, draw, sign or accept bills of exchange or promissory
notes for such purpose does not include power to borrow money
against bills of exchange, 5
sell when implied, 7
contract of agency and, distinction between, 3
donee, capacity of, as to, 17
donor, capacity of, as to, 161120 CONVEYANCING, DRAFTING & DEEDS
POWER-OF-ATTORNEY ? Contd.
execution and authentication of, 28
forms of
affidavit by attesting witness of execution of power of attorney, 180
agreement for bailment with security-cum-indemnity bond and power to
realise debts or sell assets to enforce security, 168
appointment of substitute under power-of-attorney, 174
clause appointing second attorney to act in the event of death or otherwise
of attorney appointed earlier, 181
clause in power-of-attorney granted with consideration that powers con-
ferred therein will be irrevocable, 183
clause in power-of-attorney undertaking to ratify acts of attorney and to
indemnify for the same, 183
clause on power of sale of goods and merchandise, 183
clause on power to vote a meetings of any company and to act as proxy,
183
clause providing authority to attorney to appoint substitute, 182
clause providing binding effects of acts of attorney after death of principal
until information of death comes to the knowledge of attorney, 183
clause providing declaration that power is to continue in force until notice
of revocation is actually received by attorney, 183
clause providing undertaking for ratification of acts of attorney and for
indemnity and declaration for protecting persons, 182
covenant to protect attorney for acts done between death of principal and
receipt of notice of death, 183
declaration by attesting witness of execution of power-of-attorney by donor
of power, 179
declaration of donee of power-of-attorney that power has not been revoked,
178
declaration by donee of power-of-attorney that power has not been revoked
by principal, 180
deed appointing substitute under power-of-attorney, 174
deed of appointment of substitute by attorney in exercise of power conferred
by original power-of-attorney, 174
deed of appointment of substitute by attorney in exercise of power conferred
in the original power-of-attorney, 175
deed of revocation of power-of-attorney, 77, 176, 177
deed of revocation of power-of-attorney with consent of attorney, 177
deed ratifying and confirming execution of document by attorney on behalf
of principal, 173
general power-of-attorney, 39, 40, 103, 127
general power-of-attorney appointing purchaser?s nominee to execute and
register sale deed in respect of flat and proportionate undivided share
in land, 66
general power-of-attorney between partners to carry on partnership busi-
ness, 113INDEX 1121
POWER-OF-ATTORNEY ? Contd.
forms of ? contd.
general power-of-attorney by bank appointing agents at its overseas
branches, 140
general power-of-attorney by coparceners of joint Hindu family for manage-
ment of ancestral property, 60
general power-of-attorney by limited company in favour of individual, 127
general power-of-attorney by managing shebait of debuttar estate sold to
society subject to existing tenancy to prosecute all suits, claims and
litigations on behalf of vendor, 47
general power-of-attorney by mother of deceased intestate in favour of her
youngest son for management and control of deceased?s estate, 57
general power-of-attorney by person in ill-health appointing agents to act
jointly for management of general affairs and business during periods of
incapacity, 94
general power-of-attorney by person in ill-health appointing more than one
agents to act jointly in the management of general affairs and business,
93
general power-of-attorney by person leaving country for a long period, 29
general power-of-attorney by person leaving India for management of his
affairs relating to shares and investments, 151
general power-of-attorney by principal leaving India for the purposes of
management of general affairs and properties during the absence from
India, 145
general power-of-attorney by vendor in favour of developer/purchaser for
development of property to be sold, 63
general power-of-attorney for carrying on, controlling and managing
business of bar and restaurant, 70
general power-of-attorney for development and sell of immovable property,
114
general power-of-attorney for development construction and sale of flats
by developer (form), 73
general power-of-attorney for management and development of immovable
property , 128
general power-of-attorney for management of all properties, business and
affairs of a person, 110
general power-of-attorney to manage control look after and supervise all
affairs relating to flat of principal, 36
general power-of-attorney for the purpose of management of properties,
business and general affairs of the principal, 105
general power-of-attorney in favour of developer company by owners of a
plot of land for development of a building project and sale of flats to be
constructed thereon, 124
general power-of-attorney in favour of manager for management of affairs
of the owner relating to such property during his absence from India, 153
G : CDD (Vol. 8) ? 711122 CONVEYANCING, DRAFTING & DEEDS
POWER-OF-ATTORNEY ? Contd.
forms of ? contd.
joint power-of-attorney by several legal heirs of Hindu intestate in respect
of joint property sold to religious trust in favour of its managing trustee,
52
joint power-of-attorney by two co-owners in respect of sale of respective,
undivided share in joint property to secure purchaser?s interest in
obtaining sale of remaining undivided share of other co-owner, 67
joint power-of-attorney by two married sisters in favour of their brother in
respect of management and sale of joint property, 61
notice of revocation of power-of-attorney, 760
power-of-attorney authorising sale of immovable property situated abroad,
90
power-of-attorney authorising execution and registration of deed of convey-
ance in favour of purchaser, 102
power-of-attorney authorising to execute lease in favour of named person,
101
power-of-attorney by beneficiary under a will appointing attorney to receive
his share in residuary estate/trust fund and for setting and adjusting
claims relating thereto, 139
power-of-attorney by businessman authorising, to receive and collect all
business debts, to deposit the collections into bank, to transact business
and to sell named business and for that purpose execute all necessary
documents etc., 81
power-of-attorney by company authorising attorney to collect debts and
retain his fees out of proceeds, 82
power-of-attorney by company authorising its attorney to stop goods in
transit, 160
power-of-attorney by co-owner in favour of other co-owner in respect of
investments held by donor jointly , 113
power-of-attorney by co-owner of joint property for development, construc-
tion and sale upon demolition of existing structures, 49
power-of-attorney by executors authorising attorneys to obtain letters of
administration, 134
power-of-attorney by executor to a legatee under the will to obtain letter of
administration and for administration of the estate of the testator, 80
power-of-attorney by husband to wife authorising purchase of property in
joint names upon mortgage of property, 91
power-of-attorney by Indian company to its overseas agents to manage
affairs of company?s business abroad, 161
power-of-attorney by intending purchaser to his solicitor for completion of
transaction of purchase under preconcluded contract, 89
power-of-attorney by lessor in favour of lessee?s nominees for development
of demised premises, 42
power-of-attorney by limited company to the manager of a branch for
transacting its business including opening and operation of bank ac-
count, 132INDEX 1123
POWER-OF-ATTORNEY ? Contd.
forms of ? contd.
power-of-attorney by owner of ship in favour of the attorney to take
possession of the ship from the present master and to act himself as the
new master, 130
power-of-attorney by owner of ship in favour of manager in connection with
the management and operation of ship, 164
power-of-attorney by partnership firm appointing agent to enter into any
composition or settlement in respect of a debt due from a company, 121
power-of-attorney by person going abroad to raise money by mortgage of
specified property , 83
power-of-attorney by person leaving India to take over possession, man-
agement and control of flat held as shareholder of a company and also
to sell and transfer his share in the said company, 45
power-of-attorney by principal to his foreign agent giving authority to borrow
money on security of property in foreign country, 163
power-of-attorney by purchaser of flat to appear before registering authority
? representing purchasers to present document for registration and
admit execution, 44
power-of-attorney by trustee in favour of co-trustee in exercise of powers
of delegation expressly conferred by instrument of trusts, 108
power-of-attorney by trustees under will appointing attorney to deal with
property situated abroad, 109
power-of-attorney by vendor for execution  and registration of conveyances
in favour of purchasers, 88
power-of-attorney empowering execution and registration of sale deed and
receiving sale consideration, 88
power-of-attorney giving authority to creditor to collect and receive rents
of houses as security for debts, 157
power-of-attorney giving authority to receive payment of debts secured
upon a bond or mortgage, 158
power-of-attorney in favour of brother for completion of sale of property in
terms of agreement executed by person who is leaving town, 55
power-of-attorney in favour of creditor to collect and receive rents from
tenants by way of security for the amount due, 144
power-of-attorney in favour of Customs House Agent for import, export and
delivery of goods through the Customs House and to issue bond or
transact any business therein, 120
power-of-attorney in favour of developers to develop, construct and sell
prescribed covered area of the building reserving the remaining covered
area to be sold by the donors through attorney jointly appointed, 121
power-of-attorney to agent for purchase of materials for the business of the
principal, 120
power-of-attorney to borrow specified amount upon security of mortgage
on immovable property and execute all necessary instruments for the
purpose, 1321124 CONVEYANCING, DRAFTING & DEEDS
POWER-OF-ATTORNEY ? Contd.
forms of ? contd.
power-of-attorney to comprise and settle a pending action for damages
against a company and to collect or receive compensation money upon
execution of a full discharge and receipt, 118
power-of-attorney to conduct legal proceedings and for matters connected
therewith, 81
power-of-attorney to deal with all kinds of investments and securities
including powers of sale and purchase of new investments, 133
power-of-attorney to demand and collect rent and to recover possession
in the event of default according to the terms of lease, 118
power-of-attorney to demand, receive and collect rents from tenants and
institute proceedings against defaulting tenants including re-entry, 119
power-of-attorney to effect insurance on properties or to cancel any such
insurance and pay the premium, 137
power-of-attorney to execute and register sale deeds and other instru-
ments, 87
power-of-attorney to grant lease, receive rents and premiums and under-
take repairs and insurance on buildings to be leased, 138
power-of-attorney to institute and carry on legal proceedings against
named defendant with power to compromise or refer to arbitration such
proceedings, 133
power-of-attorney to obtain letters of administration in respect of testator?s
estate on behalf of a person residing outside India, 87
power-of-attorney to operate bank account, accept drafts or bills of
exchange and make endorsements on all negotiable instruments, 138
power-of-attorney to receive dividends on shares held in different compa-
nies with powers to appoint substitutes, 78
power-of-attorney to receive dividends and interests in investments and to
give good receipts and discharge for the same, 128
power-of-attorney to receive payment of a mortgage debt secured by a
bond with other necessary powers, 78
power-of-attorney to sell immovable property and execute and register
deeds of conveyance in favour of purchasers, 85
power-of-attorney to sell land comprised in several plots as building sites
with other necessary powers, 86
power-of-attorney to sue, demand, collect and receive payments, to issue
receipts and/or to compromise any claim, 119
power-of-attorney to take delivery and possession of goods in transit
consigned to a firm declared insolvent and to sell or dispose of the same
and account for the sale proceeds and to institute claim against non-
delivery, 79
power-of-attorney to transferee of shares in limited company to deal with
transferred shares with power of appointing substitutes, 80
power-of-attorney to vendor?s solicitor for registration of conveyance
already signed by vendor himself and for admitting execution, 131INDEX 1125
POWER-OF-ATTORNEY ? Contd.
forms of ? contd.
revocation of power-of-attorney, 77, 176, 178
special power-of-attorney for medical authorisation, 41
special power-of-attorney on behalf  of a limited company for registration
of a document, 117
special power-of-attorney to collect and recover debts from a debtor
abroad, 165
supplemental deed conferring further powers by endorsement on original
deed, 167
supplemental power-of-attorney given as collateral security for payment of
principal money and interest secured by assignment of life insurance
policy, 166
warrant of attorney to confess judgment as collateral security for payment
of money secured by mortgage of policy of assurance, 172
general clause in, versus special power-of-attorney, 3
held to be void, 16
husband and wife when agency to be presumed, 9
implied powers to manage business, 11
irrevocable when, 26
joint agents appointed by one principal by way of, 15
jointly given in favour of single individual, 15
kinds of, 8
general power, 8
particular power, 8
special power, 8
meaning of, 2
one principal appointing joint agents, 15
principal
appointing joint agents, as to, 15
ratification by, acts of agents done without authority , 20
ratification by principal acts of agents done without authority, 20
? see also RATIFICATION
registration of, 29
revocation of, 23
when takes effect, 23
special
versus general clause in power-of-attorney, 3
stamp duty as to, 29
statutory authority, by, beyond statutory provision, 22
termination of agency
effect of, 25
retrospective termination of, 26
when illegal, 26
void, when, 261126 CONVEYANCING, DRAFTING & DEEDS
POWER-OF-ATTORNEY HOLDER
general
competency of, to depose as witness, 17
sale by, if conveys title to purchaser, 12
PRINCIPAL ? see also POWER-OF-ATTORNEY
acts done after death of principal ? ratification by heirs ? validity, 22
appointing joint agents, 15
ratification by, acts of agents done without authority , 20 ? see also RATIFICATION
PROJECT CONSULTANCY AND SERVICE AGREEMENT(S)
commitment to implement project results, 920
consultancy, what is, 907
consultant liaison with client department, 917
consultants, when to engage, 909
contract management, 919
finalising the contract, 914
forms relating to
independent consultant agreement, 942
information technology project consultancy service agreement, 958
pre-bid general terms and conditions ? project consultancy agreements,
990
project consultancy agreement for engineering services, 972
project consultancy agreement for setting up super thermal power project
on turn-key basis, 921
project consultancy service agreement, 950, 978
project engineering service system design, construction and inspection
agreement, 982
tie-up agreement for project consultancy service on case-to-case basis,
929
monitoring procedure, 919
?pay by results?, 915
preparation business case, 910
project management, 917
responsibility for project, 918
selection of consultants, 910
skills transfer, 919
tenders, preparing request for, 911
value for money, 909
what is consultancy, 907
when to engage consultants, 909
PROMISOR
joint
co-sureties, if, 269
PROMISSORY NOTE(S) ? see also FOREIGN INSTRUMENT; INDORSEMENT; INDORSER;
INLAND INSTRUMENT; NEGOTIABLE INSTRUMENT(S)
attestation of, 225INDEX 1127
PROMISSORY NOTE(S) ? Contd.
blank
signing and delivery of, 190
effect of, 190
construction of, 189
essentials of, 188
executed by karta of H.U.F., 190
effect of, 190
executed without consideration, 189
effect of, 189
forms of, 225, 229, 230
demand promissory note, 244
discharge of pronote, 244
interest reduced on prompt payment, 243
joint and several promissory note, 227, 231
joint and several promissory note payable by instalments,  231
joint promissory note, 231
joint promissory note in favour of a company for payment in instalments with
interest, 242
joint promissory note with power to the payee or holder to enter upon
drawers?  premises and take possession of goods, 240
notice of default on, 763
notarial notice of protest for non-payment of promissory note, 253
notarial service of notice of protest for non-acceptance of promissory note,
256
promissory note, 231
promissory note and statement of disclosure, 228
promissory note as security for unpaid purchase money for land purchased
? provision in sale deed to the effect, 233
promissory note by company, 232
promissory note by firm, 233
promissory note by guardian of minor, 233
promissory note by single maker, 230
promissory note by way of hypothecation of collateral security with power
to sell and convert the security in case of default in making payment, 238
promissory note by way of security for unpaid purchase money, 241
promissory note containing pledge of collateral security , 232
promissory note creating  security for unpaid purchase money in respect
of a vehicle, 241
promissory note in favour of company by way of security supported with
collaterals with powers of sale and conversion and covenants to pay
deficiencies, if any, 236
promissory note made payable at particular place, 232
promissory note on behalf of limited company, 233
promissory note to make repayment in monthly instalments, 226
promissory note to settle account payable, 2271128 CONVEYANCING, DRAFTING & DEEDS
PROMISSORY NOTE(S) ? Contd.
forms of ? contd.
promissory note with collateral security, 235
promissory note with collateral security and power of sale, 236
promissory note with collateral security for sums secured with interest,
negotiable through bank, with powers of sale and conversion, 234
promissory note with collateral security with power to sell in the event of
default in making payment, 238
promissory note with joint and several liabilities, 244
promissory note with surety, 244
promissory note without interest, 243
protest for non-payment of promissory note payable at stated place, 253
protest for non-payment of promissory note payable generally, 254
receipt and discharge of promissory note, 245
international
international bills of exchange and, 206
meaning of, 187
payable
after sight, meaning of, 198
at sight, meaning of, 198
on demand, meaning, of, 198-199
on presentation, meaning of, 198-199
stamp duty on, 225
PROXY
appointment of, (form), 460
RATIFICATION ? see also AGENT; POWER-OF-ATTORNEY; PRINCIPAL
acts done after death of principal ? ratification by heirs ? validity, 22
effect of, 22
essential requisites of valid, 20
act intended to be ratified should not be void or illegal, 22
act to be ratified must relate to existing thing, 22
act  to be ratified should have been done on behalf of ratifier, 20
ratification must be communicated to the party affected by it, 21
ratification must be done with full knowledge of facts, 21
ratification should be done within a reasonable time without prejudice to
any of the parties, 20
ratifier should be competent to authorise the act intended to be ratified, 21
principal must have been in existence or capable of being ascertained at
the time of the act to be ratified, 21
principal, by, acts of agents done without authority, 20
statutory authority, by, beyond statutory provision, 22
RECONSTRUCTION
amalgamation and, difference between, 393INDEX 1129
REGISTRATION
company, of
immovable properties of, 397
shareholder of, when transfers his share, 397
guarantee, of, 276
indemnity, contract of, of, 344
notice, service of, if requires, 759
power of attorney, of, 29
REMEDY(IES)
surety, of
rights and, 274
RESTAURANT
bar and
general power-of-attorney for carrying on, controlling and managing
business of, (form), 70
shopping mall, within
lease of, (form), 1052
RETIREMENT
notice o