Index
ACCOMMODATION
application for, (form), 81
ACCOUNT(S)
balance of
confirmation of, (form), 135
notice to customer closing, (form), 155
ACKNOWLEDGEMENT
agreement to pay time barred debt not amounting to, (form), 78
promissory note, if, 55
time barred debt, of, if gives fresh period of limitation, 79
ACTOR
agreement for appointment of theatrical agency as agent of, (letter form), 578
theatrical company, agreement between, as professional actor, (form), 620
ADMINISTRATION BOND
stamp duty required on, 166
u/s. 34 of the Guardians and Wards Act, 1890 … 165
291 of the Indian Succession Act, 1925 … 165
ADOPTED SON
natural-born daughter and widow (second wife), settlement between, of de-
ceased person about claim of heirship to deceased?s estate, (form), 1039
ADVERTISEMENT
films, of, before public exhibition, procedure for, 536
ADVOCATE
undertaking by, to bank?see BANK
AFFIDAVIT
furnished in lieu of succession certificate for withdrawing final balance standing
to deceased?s account, (form), 148
regarding Hindu joint family property for securing loan against mortgage of
property, (form), 114
regarding Mahomedan owned property for securing loan against mortgage of
immovable property , (form), 115
10511052 CONVEYANCING, DRAFTING & DEEDS
AGENCY
franchising and, difference between, 720
AGENT
artiste singer and
agreement between, for exclusive services, (form), 663
bond by, to collect rents and pay over monies received to principal, (form), 170
AGREEMENT(S)?see also CONTRACT(S)
agent and singer, between, for exclusive services, (form), 663
appointment of a threatrical agency as agent of an actor, (letter form), 578
apprenticeship?see APPRENTICESHIP
area development, 750
articles of, for structural engineering works, (short form), 386
artiste of musical band and hall owner for night stage performance, (form), 626
artiste singer and manager, between for exclusive services, (form), 657
audio development, (form), 652
between bank and guarantors of loan, to mortgage, (form), 111
bank and mortgagor creating equitable mortgage, (form), 108
broadcasting company and individual to appear in a radio or television
programme in a non-dramatic role, (form), 580
building owner and a firm of architects for repetitive housing work,
(form), 267
building owner and architect or a firm of architects for a proposed
project, (form), 268
contractor and owner for construction of building, (form), 247
copyright owner or author and a theatrical manager for production of
a play in a particular theatre, (form), 593
copyright owner or author and manager for production of stage play
under joint venture, (form), 545
film or television company and company making available a star actor?s
service for fee and share of profit, (form), 599
film producer and cine worker, (form), 542
composer of music for a feature film, (form), 563
music publisher and a composer, (form), 547
film producing company and a writer to write a screen play, (form), 596
film production company, a distributor and a finance company for
provision of a loan secured by a charge, (form), 557
investor in a stage play production and a producer, (form), 547
number of producers of cinematograph/video film and creating sole
agency for distribution, (form), 584
owner and architect (alternative form), 249
standard (form), 251
owner of land and television or broadcasting authorities, (form), 568
owner of premises for its use by a film or television company as a
rehearsal room, (form), 572INDEX 1053
AGREEMENT(S) ? Contd.
between owner or rights in a radio or television serial show and the television
broadcasting authority , (form), 617
promoters and an architect or a firm of architects for construction
project, (form), 269
promoter of a sports event or owner of a site and television company,
(form), 570
sub-contract, for, execution of works, (form), 271
shipbuilders firm and steamship company for building steamers,
(form), 370
television broadcasting authority and a writer
in respect of broadcasting rights in various types of work, (form),
614
to grant broadcasting rights in a format for a T.V. serial and to
commission a pilot script with options for further script, (form),
610
television company and editor, director or producer to render profes-
sional service for a television serial, (form), 589
television studios and a production company, (form), 575
video recording company and one or more record artists, (form), 605
bond, distinguished from, 160
building contract, for, general conditions of, (short form), 246
with usual provisions, (alternative form), 244
(form), 241
builder, with, for construction of building, (alternative form), 246
cash credit/loan/overdraft upon security of pledge of goods, produce and
marchandise, for, (form), 84
civil construction work awarded by Government, for, (form), 276
construction of building, for, (form), 229
construction of house, for, where builder supplies materials, (form), 260
construction of ship, for, (form), 365
construction of small building subject to approval of architect, for, (form), 234
contract carriage, for, or asphalt drums from installation to upcountry depots of
other location all over the country, (form), 496
contract for building work, (form), 235
contract to repair a ship, for, 373
machinery for ship, (form), 376
contractor, with, for construction of building, (short form), 240
contractor, with, for construction of building and execution of other works, (form),
255
cost-plus contract for construction of building, 359
contractor supplying materials, labour, equipments etc., with provision for
engaging sub-contractors, (form), 363
definition of, 521054 CONVEYANCING, DRAFTING & DEEDS
AGREEMENT(S) ? Contd.
demolition of structures and clearance of a site and preparation to receive new
buildings, (short form), 420
demolition works, for, (form), 410
conditions, for, (draft), 412
dwelling-house contract, for, (form), 274
(short form), 274
exhibition of film newsreel, (form), 551
film producer and composer, between, (form), 622
franchise, 733?see FRANCHISE AGREEMENTS
guaranting completion of a film by producer and delivery thereof to the distributor,
finance being provided by investor, (form), 549
house building loan?see HOUSE BUILDING LOAN
hypothecation of goods, for, (form), 98
letter of hypothecation-cum?see HYPOTHECATION
master franchise, 750
mechanical or electrical engineering works for, (short form), 404
merchandise licence
granting exclusive right within the territory, (form), 962
mortgage, to, between bank and guarantors of loan, (form), 111
mother, by, to pay to younger son if elder son fails to pay, 998
family arrangement, if, 998
music company and record publisher, between, for granting exclusive right of
recording and publication of songs and lyrics composed by composer of
music company, (form), 686
musicians, between, to form musical group for mutual benefits under agreed
terms and conditions, (form), 695
orchestra company and recording company, between, for recording performance
and to publish audio cassettes, (form), 645
pay, to, relation with promissory note, 56
payment of time barred debt not amounting to acknowledgment, (form), 78
pledge goods, to, to secure cash credit/demand loan, (form), 88
pledge, to, goods to secure cash/demand loan, (form), 88
promoter and artiste, between, (form), 666
purchase of copyright, for, in literary work for production of cinematograph film
reserving certain rights by the author, (form), 581
reduce to writing, distinguished from correspondence, 3
review claim, to, for a time barred debt, (form), 117
sale and demolition of buildings by purchaser, (form), 418
sale of rights of share, for, 999
tests of, 999
schedule of conditions of a building contract, (form), 264
singer and agent, between, for exclusive services, (form), 663
singer and recording company, between, for recording performance and granting
exclusive selling and distribution right of audio/audio-visual records, (form),
671INDEX 1055
AGREEMENT(S) ? Contd.
small construction contract, (short form), 230
song-composer and music publisher, between, assigning worldwide copyright
in all pre-exisitng and future composition of songs and lyrical works, (form),
702
standard form of sub-contract for construction of building, (form), 253
theatrical company and actor, between, to serve as professional actor, (form),
620
to carry tea from one place to another, (form), 501
video distribution, (form), 648
AIRWAY BILL
claim for loss or non-delivery of goods under, period of, 478
conditions stipulated in, 478
ALBERTA DEPARTMENT OF MUNICIPAL AFFAIRS DIRECTOR, INDUSTRY STAN-
DARDS, HOUSING AND CONSUMERS AFFAIRS DIVISION, 735
AMERICAN ASSOCIATION OF FRANCHISEES & DEALERS, 735
AMERICAN BAR ASSOCIATION, 735
AMERICAN FRANCHISE ASSOCIATION, 735
ANNUITY
bond for securing payments of, (form), 175
deed of family settlement whereby widow accepts, in lieu of her rights under
Hindu Adoptions and Maintenance Act, 1956, (form), 1016
ANTI-TRUST THEMES
competition law or, 754
ARCHITECT
agreement between
building owner and a firm of
individual or a firm of, for proposed project, (form), 268
respective house work, for, (form), 267
owner and, (form), 249
standard form of, (form), 251
promoters and, or a firm of, appointed for a construction project, (form), 269
agreement for construction of small building subject to approval of, (form), 234
letter from, with terms of offer for his service, (form), 270
AREA DEVELOPER
regarding franchising, 720
ARGENTINE FRANCHISE ASSOCIATION, 7351056 CONVEYANCING, DRAFTING & DEEDS
ARTISTE
audio cassette recording company and, agreement between, for recording of
musical works, (form), 629
musical band, of
hall owner for night stage performance, agreement between, 626
promoter and
agreement between, (form), 666
release form, 631
singer and manager, agreement between, for exclusive services, (form), 657
ASSESSED VALUE
meaning of, 13
ASSETS
hypothecation of, (form), 74
ASSIGNMENT(S)
notice of
financier?s right under hire-purchase agreement to be sent to Regional
Transport Authority , (form), 72
hire-purchasers, guarantors etc., (form), 73
ASSISTANT CASHIER
fidelity bond by, of a bank for faithful discharge of duties, (form), 196
ASSOCIATION COLOMBIANA, 735
ASSOCIATION DE FRANCHISING DE CHILE, 735
ASSOCIATION PORTUGUESE DA FRANCHISE, 736
ATTORNEY UNDER POWER
bound for payment of judgment debt with appointment of, (form), 174
AUCTIONEER
agent, if, 1
authority of, 22
authority to, to sell beforehand by private treaty, (form), 5
entitled to commission, when, 3
stamp duty if required in, 3
capacity to accept deposit by, 3
dealer, if, 1-2
duty of, 2-3
form of arrangement between, and vendor, 3
letter accepting appointment from, (form), 8
letter of, confirming his instructions, (form), 9INDEX 1057
AUCTIONEER ? Contd.
meaning of, 1
release of deposit in the hands of, (form), 10
remuneration of, 3
standard commissions of, (form), 6
vendor?s letter of authority to, (form), 7
vendor?s solicitor?s letter indemnifying auctioneer aginst liability upon premature
transfer of deposit, (form), 10
AUDIO
agreement between singer and recording company for recording performance
and granting exclusive selling and distribution right of, (form), 671
development agreement, (form), 652
AUDIO CASSETTE
agreement between orchestra company and recording company for recording
performance and to publish, (form), 645
AUSTRALIA
franchising in, 784
AUSTRIA FRANCHISE ASSOCIATION, 736
AUTHOR
who is, 527
AUTHORISED DISTRIBUTOR
bill, in case of sale of machinery by, of the manufacturer drawn by the purchaser,
which carries the acceptance of the purchaser?s bank, (form), 118
certificate from the machinery manufacturer to be furnished in case of sales by,
(form), 123
certificate to be furnished by, as selling of machinery, (form), 122
promissory note to be executed by the purchaser in case of sale by, of machinery,
(form), 120
AUTHORISED SELLING AGENT
bill, in case of sale of machinery by, drawn by the purchaser, which carries the
acceptance of the purchaser?s bank, (form), 118
certificate from the machinery manufacturer to be furnished in cases of sales
by, (form), 123
certificate to be furnished by, as seller of machinery, (form), 122
promissory note to be executed by the purchaser in the case of sale by (form),
120
AUTHORSHIP
joint?see JOINT AUTHORSHIP
G : CDD (Vol. 3) ? 671058 CONVEYANCING, DRAFTING & DEEDS
BAILEE
agreement for bailment of goods with general liabilities of, (form), 34
agreement to store furniture by, with the owner, (form), 45
cold storage contract with usual terms where, described as storage company,
(form), 43
delivery of goods to, how may be made, 31
duties of, 32
obligation of, under contract, 32
standard of care and diligence of, 32
in case of damage of goods by fire, 33
terms and conditions of warehousing agreement where, named as warehouse
company, (form), 41
warehouseman acting as, of goods sold, agreement in case of, (form), 37
bond for performance of, (form), 40
who is, 31
BAILMENT
agreement for, of goods with general liabilities of bailor and bailee, (form), 34
constituted, how, 31
form of, 33
meaning of, 31
registration of, if required, 33
stamp duty on a contract of, 33
BAILOR
agreement by, to store furniture, (form), 45
agreement for bailment of goods with general liabilities of, (form), 34
cold storage contract with usual covenants where, named as the owner, (form),
43
duties of, 83
terms and conditions of warehousing agreement where, named as depositor,
(form), 41
who is, 31
BALANCE OF ACCOUNTS
confirmation of, (form), 135
BANK?see BANK GUARANTEE
advance against security of Unit by, letter to be sent to U.T.I. (form), 132
affidavit furnished in lieu of succession certificate for withdrawing, final balance
standing to deceased?s account, (form), 148
agreement between, and mortgagor creation equitable mortgage, (form), 108
agreement for cash credit/loan/overdraft upon security of pledge of goods,
produce and merchandise by, 84
agreement for house building loan to employees of, under ?House Building Loan
Scheme?, (form), 146INDEX 1059
BANK ? Contd.
authority to, to utilize funds from personal account partnership accounts, (form),
152
bill drawn by manufacturer, which carries the aceptance of purchaser?s (form),
119
bill drawn by purchaser which carried the acceptance by, (form), 119
declaration for advance to joint account holders of, (form), 128
u/s. 293 of the Companies Act to, (form), 127
fidelity bond by an assistant cashier of a, for faithful discharge of duties, (form),
196
indemnity bond to, executed for withdrawing final balance standing to deceased?s
account without furnishing succession certificate, (form), 149
letter accompanying securities lodged with, for advance, (form), 128
letter borrower, by, in cash credit account where the borrower does not agree
both for the arrangement of a chowkidar or to take out burglary insurance,
(form), 140
declaring trust for delivery of pledged goods and securities to, (form), 142
for legal right to enter the godown by, (form), 140
obtained from borrower by, where hired godowns with no free access are
offered for storage of stocks as security, (form), 141
of lien to, on deposit of certificates, (form), 139
waiver to, absolving risks and responsibilities for loss of or damage
to pledged stocks, (form), 139
regarding free access to godown to be obtained from borrower/third party
by, (form), 141
letter for acceptance of bills by constituents, (form), 136
letter from depositors to, for advance against recurring deposit account balance,
(form), 128
letter of authority to be obtained from holder in the case of advances against
units held on bank transfer by, (form), 132
letter of confirmation of balance of account by, (form), 135
letter of continuity to, (form), 97
guarantee to, (form), 94
letter of counter-indemnity to be obtained for acceptance by on account of
customs, (form), 135
bills for cash-credit facility, (form), 135
letter of demand loan against fixed deposit to, (form), 134
letter of disclaimer to, by several legal heirs authorising one of them to withdraw
final balance standing to a deceased?s account, (form), 150
letter of guarantee for payment of premium of insurance policy, (form), 131
waiver by holder of demand promissory note to, (form), 133
letter to, authorising setting of liability in one account against other account held
with, (form), 153
memorandum if deposit of title deeds with undertaking to execute legal mortgage
to secure balance of account to, (short form), 1531060 CONVEYANCING, DRAFTING & DEEDS
BANK ? Contd.
notice of interest of, in fire insurance policy , with acceptance, (form), 130
notice to customer by, closing account, (form), 155
proforma of endorsement of the hypothecation charge of, on insurance policy,
(form), 130
specimen of advocate?s certificate to, (form), 144
solicitor?s certificate to, (form), 144
trust certificate issued by, authorising the pledgor of goods under bills of lading
to take delivery of the goods pledged or deal with the same, as trustee for
the said with the undertaking to pay off the debts, (form), 77
undertaking by
advocate to, for custody of title deeds pending sale of mortgage of property
and to account for the net proceeds, (form), 145
customers to, to keep specified balance in consideration of bank making
advances, (form), 151
customer to keep specified balance in consideration of discounting bills,
(form), 152
solicitor/advocate to send title deeds or certificate of registration to bank on
completion of a purchase where the bank (or a customer) has provided
purchase monies, (form), 145
solicitor, to for custody of title deeds pending sale or mortgage of property
and for net proceeds, (form), 145
BANK GUARANTEE?see also BANK
bond, in favour of the government, (form), 177
counter indemnity by customer to fulfil obligation under, executed by the bank
in favour of third party at the request of the customer, (form), 137
furnished in lieu of security deposit for performance of a contract for supply of
goods, (letter form), 155
government, in favour of, (form), 177
in lieu of security deposit for due fulfilment of contract, (form), 116
proforma of
bid bond, for, 436
instructions for filling-up, 439
performance bond, for, 463
BANKER
becomes bailee by virtue of provisions of secs. 148, 151 and 172 of Indian
Contract Act, 50
lien of, u/s. 171 of Indian Contract Act, 52
BANKING DOCUMENT(S)
classification of, 52
bond or an agreement, 52
bond or promissory note, 53INDEX 1061
BANKING DOCUMENT(S) ? Contd.
classification of ? contd.
hypothecation or mortgage, 53
mortgage by deposit of title deeds, 55
mortgage deed or indemnity bond, 54
mortgage or trust, 54
mortgage or undertaking affidavit, 55
promissory note, bill of exchange of hundi, 56
promissory note or agreement to pay, 55
promissory note or bond, 56
promissory note or charge/mortgage, 55
receipt/acknowledgment or promissory note, 55
security bond or mortgage deed, 53
execution of, 58
forms of, 58
stamp duty to be paid on, 52, 58
standard forms for different purposes, use of, 48
documents of security for credit facility, banker?s lien on, 49
BENEFICIARY(IES)
deed of family arrangement between, under will to divide immovable properties,
(form), 1025
deed of family arrangement between, under will agreeing to continue deceased?s
business instead of realising it as directed by will, (form), 1026
BENEFIT(S)
franchising, of, 718
BILL
drawn by (in case of sale of machinery by an authorised selling agent/distributor
of the manufacturer), (form), 119
drawn by manufacturer, which carries acceptance of purchaser/purchaser?s
bank, (form), 119
drawn by purchaser, which carries acceptance of his bank, (form), 119
BILL OF EXCHANGE
meaning of, 56-57
promissory note distinguished from, 57
treated as, 56-57
BILL OF LADING
carrier?s immunity under, if can be increased by contract, 474
pledge of goods with bank against, to secure advances obtained, (form), 76
trust certificate issued by bank authorising the pledgor of goods under, to take
delivery of the goods pledged or deal with the same, as trustee for the bank
with the undertaking to pay off the debts, (form), 771062 CONVEYANCING, DRAFTING & DEEDS
BILL OF QUANTITIES CONTRACT(S)
meaning of, 226
BOARD OF DIRECTORS
specimen resolution to be passed by, of payee company, (form), 125
BOND
agent, by, to collect rents and pay over monies received to principal, (form), 170
attestation of, requirement of, 166
bid
instructions for filling up bank guarantee for, 439
proforma of bank guarantee for, 436
bottomry, executed by the master of the ship to secure emergency fund for repair
and other necessaries of the ship, (alternative form), 216
executed by the master of a ship to secure repayment of money borrowed
during course of, voyage, (form), 215
builders, by, in favour of financing company for construction loan, (form), 208
builder-cum-promoter, by, to financing company for the advance for construction,
(form), 209
building contractor, by, (alternative form), 205
classes of
administration bond, 165
annuity bond, 164
average bond, 165-166
bottomry bond, 165-166
conditional bond, 163
grain bond, 164
instalment bond, 164
respondents bond, 165-166
security bond, 165
simple money bond, 164
collateral, to secure payment of bond and mortgage, (form), 181
contractor, by, in favour of employer to comply with various statutory obligations/
provisions while performing works under work order, (form), 219
contractor, by, in favour of owner for construction of building, (form), 210
debtor, by, for payment of a debt by instalments, (form), 171
definition of, 52
u/s. 2(d) of Limitation Act, 1963 … 159
2(5) of Indian Stamp Act, 1899 … 159-160
depository, executed by surety, (proforma of condition), 179
distinguished from agreement, 160
mortgage deed, 162
pledge, 163
promissory note, 161
employee, by, not to compete in business with employer, (form), 187INDEX 1063
BOND ? Contd.
execution of a conveyance, for, (short form), 202
father, by, to pay sum to trustees of his daughter?s marriage settlement as
daughter?s portion, (form), 176
fidelity?see FIDELITY BOND
general average, and guarantee executed by Lloyd?s for settlement of claims
abroad, (form), 211
general average, executed in consideration of release of the shipowner?s lien
on the cargo for general average contribution, (form), 213
general performance, for future contracts of supplies executed by contractor with
surety joining, (form), 207
given by contractor guaranteeing fulfilment of contractual obligations, (form), 204
guarantee, in favour of government, (form), 177
indemnity, of, by vendor to purchaser for inability to deliver missing title deed,
(form), 198
lessee?s bond (operative part only), (form), 206
meaning of, 159
mortgage, with interest, insurance, tax, water rates and assessment clauses with
surety joining, (form), 182
mortgage, with power-of-attorney, (form), 180
obligation under, 53
meaning of, 53
obligation, with, obligation to pay a fixed sum as liquidated damages to preserve
a trade secret, (form), 169
one obligor, by, to one obligee for payment of sum by equal instalments with
interest the agreement being recited, (form), 168
one obligor, by, to one obligee for payment of sum by unequal instalments with
interest, without recitals, (form), 167
pay to, a sum of money at a stated date or on demand, (form), 170
payment of judgment debt with appointment of attorney under power, (form), 174
payment of money instalments, for other, (form), 172
with interest in yearly instalments, for, (form), 173
with interest, for, (form), 169
payment of outstanding consideration money, for, by purchaser under a sale
deed (form), 186
performance, against specific agreement, (short form), 197
performance of mortgagor?s obligation, for, by second mortgagee to first
mortgagee, (form), 183
performance proforma for bank guarantee for, 463
preservation of secret formula or invention, for, (form), 197
quality of work, for, executed with guarantee for maintenance-surety joining the
bond, (form), 207
registration of, requirement of, 166
secure payment of mortgage, to, (form), 180
secure performance of agreement without recitals, to, (form), 1751064 CONVEYANCING, DRAFTING & DEEDS
BOND ? Contd.
securing payment of annuity , for, (form), 175
security?see SECURITY BOND
seller of a business, by, to the purchaser undertaking not to carry on the said
business in any manner within a specified area during the specified period,
(form), 188
son, by, for payment of sum of money lent by father and conditional to be on
death of father, (form), 176
stamp duty on, 54, 56, 166
sub-contractor, by, for materials, (form), 206
sureties, with for due performance of duties on appointment to an office, (form),
189
surety, for fidelity of cashier, (form), 194
surety, for performance by new partner of covenants contained in deed of
partnership, (form), 191
surety, to work as customs house agents, (form), 218
surviving partner, by, for payment of value of the deceased partner?s share by
instalment to his legal heirs and for indemnifying the deceased partner?s
estate against partnership liability, (form), 184
two or more obligors, by, to one or more obligees jointly, (form), 167
two or more sureties, by, for faithful service of employee during period of
employment, (form), 193
vendor, by?see VENDOR
BOOK DEBT
letter of hypothecation-cum-assignment of, in respect of advances, against Hire-
purchase Agreement relating to motor vehicle, (form), 67
BOOK VALUE
meaning of, 13
BORING
contract for, (form), 406
BORROWER
declaration of trust by, etc.?see BANK
letter to be obtained from, where hired godown etc.?see BANK
BOTTOMRY BOND
executed by the master of a ship to secure
emergency fund for repair and other necessaries of the ship, (form), 216
repayment of loan, (form), 217
money borrowed during course of voyage, (form), 215
stamp duty required on, 166
u/s. 16 of the Indian Stamp Act, 1899, definition of, 165
use of, in shiping document, 165INDEX 1065
BRAZIL FRANCHISE ASSOCIATION, 736
BRITISH FRANCHISE ASSOCIATION, 736
BROADCAST
definition of, 527
BROADCAST REPRODUCTION RIGHT, 534
not infringing, 535
BROADCASTING AUTHORITY
agreement by?see AGREEMENT
television, of, for a T.V. Serial, (form), 610
in various types of works, (form), 614
BROADCASTING COMPANY
agreement by, with an individual?see AGREEMENT
BROKER
estate agent, if, 25
BROTHER
widow and
deed of family settlement between, of deceased Hindu, (form), 1043
BUILDER-CUM-PROMOTER
bond by, to the financing company for the loan advanced for construction, (form),
209
BUILDER(S)
bond by, in favour of financing company for construction on loan, (form), 208
BUILDING
agreement for sale and demolition of, by the purchaser, (form), 418
construction of
agreement for, (form), 229
preparation to receive new, agreement for demolition of structures and clearance
of a site, (form), 420
small
construction of, subject to approval of architect, agreement for, (form), 234
BUILDING CONSTRUCTION?see also BUILDING CONTRACT; BUILDING WORK
agreement with contractor for, 240
execution of other works, and, (form), 255
where builder supplies materials, (form), 260
cost-plus contract for, (form), 359
standard form of agreement between contractor and owner for, (form), 247
sub-contractor for, (form), 2531066 CONVEYANCING, DRAFTING & DEEDS
BUILDING CONTRACT
agreement for construction of building, (form), 229
agreement in, nature of, 222
agreement with schedule of conditions of, (form), 264
classification of, 225
bill of quantities contract, 226
cost reimbusement contract, 227
direct contract between building owner and specialist, 227
fixed price contracts, 225
lump sum contract, 226
schedule contract, 226-227
turnkey contracts, 227
construction of incomplete flat by vendor on behalf of purchaser, (form), 238
construction of small building subject to approval of architect, agreement for,
(form), 234
documents of, 228
definition of, 222
essential conditions of, 224
forms of, 223
schedule of conditions of, (form), 265
stamp duty on, 228
types of, 225
use of standard forms in, 223
by Government Departments, 223
professional bodies, 223
public sector organisations, 223
usual provisions, with, (form), 241
BUILDING CONTRACTOR
bond of, (form), 205
BUILDING OWNER?see OWNER
BUILDING WORK
agreement for, (form), 244
general conditions of, (form), 246
agreement with contractor for, (short form), 240
contract of, (form), 235
contract with builder for construction of building, (form), 246
usual provisions, (form), 241
BULGARIAN FRANCHISE ASSOCIATION, 736
BUSINESS
joint family?see JOINT FAMILY BUSINESS
franchise, 790INDEX 1067
BUSINESS ? Contd.
outdoor decor
franchise agreement for, 949
retail
exclusive franchise agreement for, within specific territory, (form), 919
CANADIAN FRANCHISEE ASSOCIATION, 735, 736
CARRIAGE BY AIR ACT, 1972
provisions of, 477
Sch. I Sec. 23, under, 477
32, under, 477
33, under, 477
rules 23(1), 33 and 34 to Sch. II Sec. 4 of, 478
scope and application of, 477
CARRIAGE OF GOODS BY SEA ACT, 1925
application of, 476
?contract of carriage? under Art. 1(b) of, applicability of, 474
relevant provisions of, 476
Sch. Art. V : immunities under, 476
increase of responsibilities and liabilities under, 476
surrender or rights under, 476
Sch. Art. VI : special conditions under, 476
Sch. Art. VII : limitation on the application of Rules, 476
Sch. Art. VIII : limitation of liability under, 476
CARRIER
forwarding agents if, 481
goods, for, liability of, being carried on deck of a ship, 476
CARRIERS ACT, 1865
one carrier entrusting goods to another carrier for transport under, 480
suit for damages in case of, lies against whom, 480
who can file, 480
provisions of, 477
sec. 6, under, 477
sec. 7, under, 477
sec. 2, definition of common carrier under, 472
liability carrier under, 471
CASH CREDIT ACCOUNT
letter to be taken from the borrower in, etc.?see BANK
CASH CREDIT FACILITY?see BANK1068 CONVEYANCING, DRAFTING & DEEDS
CASH CREDIT LIMIT FACILITY
supplemental deed for additional security with the existing, (form), 100
supplemental deed of hypothecation of goods for an increase, without additional,
102
supplemental deed of hypothecation proceeding additional security to enhance
the existing, 103
CASHIER
fidelity bond by, of organisation with sureties, (form), 195
CERTIFICATE
furnished by purchaser of, to be, (form), 124
letter of lien on deposit of, 139
specimen of advocate?s, on verification of title, 144
solicitor?s, on verification of title, 144
CERTIFICATE OF REGISTRATION
undertaking by solicitor/advocate?see BANK
CESKA ASOCIA FRANCHISING, 736
CHARGE
defaulting clause, with, effect, 55
CHARGE DEED
registration of, stamp duty for, 58
CHARITABLE TRUST?see TRUST(S)
CHIND(REN)?see also MINOR
illegitimate?see ILLEGITIMATE CHILD(REN)
settlement for benefit of
benefit to accrue upon fulfilment of condition?otherwise property to go as
donation of charity , (form), 1048
wife and
settlement by husband in favour of, (form), 1046
CHILE FRANCHISE ASSOCIATION, 736
CHOWKIDAR?see BANK
CINEMA
agreement in letter form between film producer and composer as non-package
deal, (form), 622
agreement in letter form between film producer and composer as package deal
to write compose produce orchestrate record complete and deliver instru-
mental score to producer, (form), 639
music publisher and film company for music synchronization in film or television
production, agreement between, (form), 643INDEX 1069
CINEMATOGRAPH
agreement for distribution of?see AGREEMENT
definition of, 526
CINEMATOGRAPH ACT, 1952
certification of film under, 531
licence for exhibition of film under, 533
sec. 2(c), definition under, 526
7, penalties under, for exhibition of uncertified film, 532-533
11, licensing authority for exhibition of film, under, 534
CINEMATOGRAPH FILM
definition of, 527
?producer? relating to, meaning of, 528
CINE WORKER
agreement between, and film producer, (form), 542
construction of agreement of, 530
definition of, 530
employment of, conditions of, 530
CIVIL CONSTRUCTION WORK
awarded by Government, agreement for, (form), 276
CIVIL ENGINEERING
building engineering, and, distinguished from, 223
shipbuilding engineering, distinguished from, 223
CLAIMS ABROAD
general average bond and guarantee executed by Lloyd?s for settlement of,
(form), 211
CLEANING AGENTS
liability under Customs Act, 1962 … 482
CLEANING CONTRACT
handling consignment of fertilizer, for, (letter form), 504
CLOSING ACCOUNT
notice to customer, (form), 155
COLD STORAGE CONTRACT
usual covenants, with, where bailor named as owner, (form), 43
COLOMBIA FRANCHISE ASSOCIATION, 736
COMMISSION AGREEMENT
letter to agent for, in substitution for original instructions, (form), 28, 291070 CONVEYANCING, DRAFTING & DEEDS
?COMMUNICATION TO THE PUBLIC?
meaning of, 527
COMPETITION LAW(S)
anti-trust themes on, 754
applicable to franchise agreements, 754
Indian, 755
COMPOSER
film producer and, agreement in letter form between, as non-package deal,
(form), 622
film producer and, agreement in letter form between, as package deal to write
compose produce orchestrate record complete and deliver instrumental
score to producer, (form), 639
musical work, relating to
meaning of, 528
COMPUTER
what it includes, 528
COMPUTER EDUCATION
franchising, through, 746
CONDITIONAL BOND
attestation of, not required, 166
?condition? in, 163
parts of, 163
CONSTITUENTS
letter to be addressed by, requesting for acceptance, on their account, of bills
under new bill market scheme, (form), 136
CONSTRUCTION OF BUILDING
agreement for, (form), 229
subject to approval of architect, (form), 234
CONSTRUCTION OF CONTRACT
film performance, for, 530
stage, for, 530
CONSTRUCTION OF HOUSE(S)?see BUILDING CONSTRUCTION
CONSTRUCTION OF INCOMPLETE FLAT
agreement for, by vendor on behalf of purchaser, (form), 238
CONSUMER PROTECTION LAW(S)
applicable to franchise agreement, 754INDEX 1071
CONTINUING EDUCATION PROGRAMME
franchisee, of, (form), 976
CONTINUING TRUSTEE?see TRUSTEE
CONTINUITY
letter of, to bank, (form), 554
CONTRACT(S)?see also AGREEMENT(S)
boring, for, (form), 406
building, with usual provisions, (form), 241
building work, of, (form), 235
demolition work, for, (form), 410
disputed, right of franchisers, 804
identifying interest behind the clauses, 805
involving non-parties and other interests, 807
putting on a show : what does franchisers actually do, 806
documents consisting with, 228
due fulfilment of, bank guarantee in lieu of securing deposit for, (form), 116
electrical engineering works, in?see ELECTRICAL ENGINEERING WORK(S)
form of item rate tender and, for P .W.D. Works, (form),283?see also COST-PLUS
CONTRACT
franchise
investigation of, 793
sample recording, (form), 633
small construction, (short form), 230
selection of types, 227
types of, 225-227
CONTRACT ACT
secs. 151 and 152, application of, in carriage of goods, by sea, 476
CONTRACT CARRIAGE
asphalt drums, of, from installation to upcountry depots of other locations all over
the country, (form), 496
classification of carriers under, 472
common carrier, 473
liability of, 473
rights and duties of, 473
private carrier, 474
goods carried by successive carriers under single, 479
liability under, 479
goods, of, by sea, meaning of, 474
indemnity bond/undertaking for due performance of, of goods, (form), 518
liability of carrier in, 4701072 CONVEYANCING, DRAFTING & DEEDS
CONTRACT CARRIAGE ? Contd.
liberty to go out of, by carrier, 471
defeating the provisions of law, if valid, 471
permissible, if, 470
stamp duty to be paid on, 483
standard conditions of, of goods by road, (form), 484
structural engineering materials by trucks & trailors from works to various places,
(form), 489
tea, of, from one place to another, (form), 501
terms and conditions of, 470
CONTRACT FOR BORING
form of, 406
CONTRACTOR
agreement between, and owner for construction of building, (form), 247
agreement with, for building construction and execution of other works, (form),
255
agreement with, for construction of a building, (short form), 240
bound by, in favour of owner for construction of building, (form), 210
CONTRACTUAL OBLIGATIONS
bond given by contractor guaranteeing fulfilment of, (form), 204
CONVEYANCE
bond for execution of, (short form), 202
COPYRIGHT
agreement for purchase of, in literary work for production of cinematograph film
reserving certain rights by author, (form), 581
COPYRIGHT ACT, 1957
applicability of
video film, to, 529
particulars to be included in sound recording video film under, 536
sec. 52A, under, 536
COPYRIGHT OWNER
agreement by, (form)?see AGREEMENT
CORRESPONDENCE
distinguished from agreement reduced in writing, 3
COST(S)
franchising, of, 719INDEX 1073
COST-PLUS CONTRACT
construction of a building, for, (form), 359
contractor supplying the materials, labour, equipments etc. with provisions for
engaging sub-contractors, (form), 363
proposal for a, (letter form), 360
terms of payment under a (form), 360
COST REIMBURSEMENT CONTRACT
meaning of, 227
COTTON BALE(S)
receipt for storage of, (form), 47
COUNTER INDEMNITY
obained for acceptance, on account of customers, of bill for cash credit facility,
(form), 135
COUSIN BROTHER
sister and
agreement between, to resolve dispute regarding family property?settle-
ment made in writing and registered, 999
effect of, 999
CREDIT CARD(S)
special franchise programmes, (form), 985
CUSTOMER
undertaking by, to keep specified balance in consideration of bank discounting
bills, (form), 152
undertaking by, to keep specified balance in consideration of banks making
advances, (form), 151
CUSTOMS ACT, 1962
sec. 146 of, customs house agents to be licensed under, 483
sec. 147 of, liability of principal and agent under, 482
CUSTOMS BOND
stamp duty required on, 166
CUSTOMS HOUSE AGENT(S)
licensing of, u/s. 146 of Customs Act, 1962 … 483
meaning of, 483
surety bond to work as, (form), 218
DAMAGES
liquidated
bond with obligation to pay fixed sum, to preserve trade secret, (form), 168
meaning of, 163
G : CDD (Vol. 3) ? 681074 CONVEYANCING, DRAFTING & DEEDS
DANISH FRANCHISE ASSOCIATION, 736
DAUGHTER
father and
family arrangement between, giving present right under marriage settlement
which was to take effect after father?s death, (form), 1013
DAYABHAGA LAW
deed of family arrangement between alleged heirs of deceased Hindu intestate
governed by, (form), 1008
DEALER
auctioneer if a, 1-2
definition of, 1-2
DEBT
hypothecation of, (form), 74
DEBTOR(S)
bond by, for payment of debt by instalments, (form), 171
DECEASED?S ESTATE
deed of family settlement between diverse parties claiming against each other
of, (form), 1041
DECEASED PARTNER?S ESTATE
bond by surviving partner for payment of, etc.?see BOND
DEED
supplemental?see SUPPLEMENTAL DEED
DEED OF HYPOTHECATION
form of, 59
supplemental
providing additional security to enhance existing cash credit unit, (form), 130
DEED OF PARTNERSHIP
surety bond for performance by new partner of covenants contained in, (form),
191
DEMAND LOAN
fixed deposit, against, (form), 134
DEMAND PROMISSORY NOTE
form of, 133INDEX 1075
DEMOLITION WORK(S)
agreement for sale and, of building by purchaser, (form), 418
agreement for structures, of, and clearance of site and its preparation to receive
new buildings, (short form), 420
contract for, (form), 410
DEMOLITION VALUE
meaning of, 13
DEPOSITORY BOND
executed by surety, (form), 179
DESIGN ENGINEER
certificate to be furnished by, (form), 121
promissory note to be executed by the purchaser in the case sale by design
engineering concern, (form), 120
DEVELOPER
area?see AREA DEVELOPER
DISPUTE
family settlement, over, 1001
DISPUTED CONTRACT
right of franchisers, 804
DISPUTED WILL(S)
two
deed of family arrangement between widow and son of deceased Hindu
claiming under, (form), 1004
DISTRESS VALUE
meaning of, 13
DISTRIBUTORSHIP
franchising and, difference between, 720
DOMINICAN REPUBLIC FRANCHISE ASSOCIATION, 736
DONATION FOR CHARITY
settlement for benefit of minor children?benefit to accrue upon fulfilment of
condition?otherwise property to do as, (form), 1048
DRAMATIC WORK
definition of, 527
DWELLING HOUSE CONTRACT
owner to pay for materials and labour, in case of, (form), 274
(short form), 2741076 CONVEYANCING, DRAFTING & DEEDS
EDUCATION PROGRAMME
continuing
franchisee, of, (form), 976
E-GREETINGS BUSINESS
perceived threat from, 769
ELECTRICAL ENGINEERING WORK(S)
contract for, (short form), 404
general condition of contracts for, (form), 387
guarantee for, (form), 405
EMPLOYEE(S)
bond by, not to compete in business with employer, (form), 187
bond by two or more sureties for faithful service of, during period of employment,
(form), 193
fidelity bond by surety company to employer against performance of duty of,
(form), 190
firm, of
surety bond by, and surety for faithful service, (form), 192
franchise
standards, (form), 976
training, for
franchise agreement, (form), 978
EMPLOYER
bond by, not to compete in business with, (form), 187
ENDORSEMENT
proforma of, of the bank?s hypothecation charge on insurance policy, (form), 129
ENGINEERING CONTRACT?see BUILDING CONTRACT
classification of, 225-227
essential conditions of, 224
types of, 225
ENGINEERING STORES
render documents for purchase of, (form)?see INDIGENOUS PURCHASE
EQUADOR FRANCHISE ASSOCIATON, 736
EQUITABLE MORTGAGE
agreement between bank and mortgagor creating, (form), 108
memorandum for creation of, (form), 104
ESTATE AGENT
authority of, 24
broker, if a, 25INDEX 1077
ESTATE AGENT ? Contd.
capacity to accept deposit by, 25
duties and powers of, 25
form of instructions containing onerous commission term, (form), 17
letter from
confirming briefly normal instruction, (form), 17
including abnormal commission term, (form), 27
instructions with provisions for scale of commission, (form), 26
sole-agency agreement, (form), 27
offering sub-agency instructions, (form), 28
letter to
authorising him to contract on vendor?s behalf, (form), 26
commission agreement in substitution for original instructions, (form), 28, 29
meaning of, 24
receipt by, subject to contract with receipt for deposit, (form), 29
ESTIMATE
(form) of, 271
model (form) of, 270
ESTOPPEL
family arrangement if operates as, in favour of parties, 997
EUROPEAN FRANCHISE FEDERATION, 736
EXCLUSIVE FRANCHISE AGREEMENT
retail business within specific territory, for, (form), 919
EXECUTION
banking documents, of, 58
bond for
conveyance, of, (form), 202
sale deed, of, (form), 202
work, of
sub-contract for, (form), 271
EXECUTOR(S)
beneficiary and
deed of family arrangement between, of will making provisional, distribution
of part of testator?s estate, (form), 1028
EXHIBITION OF CINEMATOGRAPH FILM
licence, under, 533
licensing authority for, 534
EXHIBITION OF FILM NEWSREEL
agreement for, (form), 5511078 CONVEYANCING, DRAFTING & DEEDS
?FAMILY?
meaning of, 989-990
FAMILY ARRANGEMENT?see also FAMILY SETTLEMENT
acceptance and participation by all members if necessary, 1000
agreement for sale of rights of shares if can be treated as, 987
agreement, whether, 987
all members, acceptance and participation by, if necessary, 1000
alleged heirs, between, of deceased Hindu intestate governed by Dayabhaga
law, (form), 1008
antecedent title in parties to, if essential, 991
beneficiaries of will, between
agreeing to continue deceased?s business instead of realising it as directed
by will, (form), 1026
divide, to, immovable properties?some to be enjoyed in absolute ownership
and others upon joint trust for themselves as tenants-in-common, (form),
1025
executor and, making provisional distribution of part of testator?s estate,
(form), 1028
three sons as, in respect of immovable properties to which they are entitled
as tenants-in-common, two of them are releasing their undivided share
in legacy in favour of other, (form), 1036
trustees and, making provisional distribution of part of testator?s estate,
(form), 1028
varying reversion of share on future death of one of beneficiaries, (form),
1014
bona fide nature of, 996
brother and sister, and release by, of their shares in freehold property to another
brother who is appointed as trustee for sale of property under his father?s
will the mother having life interest, since deceased, 1023
deed of
not registered, 1001
effect of, 1001
estoppel in favour of parties, if operates as, 997
family
meaning of, 989-990
parties whether should belong to one, 990
father and daughter, between, giving present right under marriage settlement
which was to take effect after death of father, (form), 1013
gift and, test of, 994
heirs and legatee, between, of deceased testator of will, (form), 1006
heirs, between, of deceased intestate, (form), 1009
illegitimate children, admitting, to share in residuary estate of testator equally
with legitimate children for avoiding future dispute, 1019
ingredients of, 988INDEX 1079
FAMILY ARRANGEMENT ? Contd.
instances of, 998
legal heirs of deceased intestate, between, agreeing to divide properties to be
enjoyed in specific?some in absolute ownership and others in joint owner-
ship, (form), 1012
meaning of, 986
memorandum of
record, to, settlement of past disputes amongst heirs of deceased Hindu
regarding deceased?s estate, (form), 1005
minor children, for benefit of, where benefit to accrue upon fulfilment of condition
otherwise property to get as donation for charity, (form), 1048
minor if can be party to, 1000
oral
made, if can be, 1003
validity of, 1000
parties whether should belong to one family, 990
partition and, 995
registration of, 1002
necessary, if, 1003
registration when necessary, 1002
not necessary, 1002
release, and, to give effect to testator?s presumed intention in respect of
unprobated will, (form), 1038
releasing devised property from condition subsequent, (form), 1035
sale of rights of share, for, 999
test of, 999
son and daughter, between, being beneficiaries in equal shares under will where
son taking immovable property by paying equality money and daughters
taking investments, (form), 1021
stamp duty for, 1001
unattested will, adopting, (form), 1033
unregistered deed of, whether admissible under Evidence Act, 1001
widow accepts annuity in lieu of her rights under Hindu Adoptions and
Maintenance Act 1956, whereby (form), 1026
widow and son of deceased Hindu claiming under two disputed wills, (form),
1004
writing if necessary for, 1000
FAMILY SETTLEMENT?see also FAMILY ARRANGEMENT
adopted son, natural-born daughter and widow (second wife), between, of
deceased person about claim of heirship to deceased?s estate, (form), 1039
agreement
how to be construed, 1001
cousin brother and sister resolving dispute regarding family property by written
and registered agreement if can be treated as, 9991080 CONVEYANCING, DRAFTING & DEEDS
FAMILY SETTLEMENT ? Contd.
deed of
not registered, 1001
effect of, 1001
direction in will as to devolution of testator?s properties if can be held, 993
dispute over, 1001
diverse parties, between, claiming against each other of deceased?s estate,
(form), 1041
executors/trustees and beneficiaries of will, between, making provisional distri-
bution of part of testator?s estate, (form), 1028
family arrangement between father and daughter giving present right under,
which was to take effect after father?s death, (form), 1013
husband, settlement by, in favour of wife and children, (form), 1046
karta of joint family starting his own business in joint family property if joint family
business, 1001
meaning of, 986
memorandum of
partition deed, if, 1003
registration, if requires, 1003
Muslim widow and son of deceased Muslim, between, in relation to claim for
movable and immovable properties including dower debt, (form), 1044
not settlement u/s. 2(24) of Indian Stamp Act, 1899 … 987
oral, validity of, 1000
release and indemnity to executor, granting, who makes payment to adult
beneficiaries of shares under will, provision being made for minor beneficia-
ries, (form), 1030
stamp duty on, 1001
unregistered deed of, 1001
effect of, 1001
widow and brother of deceased Hindu, between, (form), 1043
FATHER
bond by, to pay a sum to trustees of his daughter?s marriage settlement as
daughter?s portion, (form), 176
daughter and
family arrangement between, giving present right under marriage settlement
which was to take effect after father?s death, (form), 1013
FEATURE FILM?see also FILM
definition of, 530
FEDERAL TRADE COMMISSION, 735
FEDERATION BELGE DE LA FRANCHISE, 737
FEE(S)
franchise promotion, (form), 975INDEX 1081
FERTILIZER?see CLEANING CONTRACT
FIDELITY BOND
assistant cashier, by, of a bank for faithful discharge of duties, (form), 196
cashier of an organisation with sureties, by, (form), 195
employee, by, (short form), 194
executed jointly with two sureties for due performance of duties to the post of
treasurer, (form), 196
surety company, by, to an employer against employee?s performance of duty,
(form), 190
FILM
advertisement of, before public exhibition, procedure for, 536
agreement between music publisher and film company for music synchroniza-
tion in, (form), 643
certification of, before public performance, requirement of, 531
suspension of, by Central Government, 532
cinematograph
meaning of, 527
exhibition of cinematograph, under licence, 533
licensing authority for, 534
film company, agreement by?see AGREEMENT
guaranteeing completion of?see INVESTOR
newsreel, agreement for exhibition of, (form), 551
producer and a composer of music for, agreement between, (form), 563
production company, a distributor and finance company, agreement between,
(form), 557
uncertified exhibition of, penalty for, 532
under sec. 7 of the Cinematograph Act, 1952 … 532-533
video
meaning of, 527
FILM COMPANY
music publisher and, for music synchronization in film/television production,
agreement between, (form), 643
FILM PERFORMANCE
construction contract of stage for, 530
FILM PRODUCER
agreement between, cine worker, (form), 542
music publisher and etc., (form)?see AGREEMENT
composer and, agreement in letter form between, as non-package deal, (form),
622
composer and, agreement in letter form, between, film producer and composer
as package deal to write compose produce orchestrate record complete and
deliver instrumental score to producer, (form), 6391082 CONVEYANCING, DRAFTING & DEEDS
FILM PRODUCING COMPANY
agreement between, and a writer to write a screen play, (form), 596
FINANCIAL INVESTIGATION
how to conduct, of franchiser, 724
FINNISH FRANCHISING ASSOCIATION, 737
FIRE INSURANCE
notice of bank?s interest in, with acceptance, (form), 130
FIXED DEPOSIT?see BANK
demand loan against, (form), 134
FIXED PRICE CONTRACT
constituents of, 228
meaning of, 228
FLAT
incomplete
construction of, by vendor on behalf of purchaser, agreement for, (form), 238
FOREIGN FRANCHISE(S)
legal framework for, in India, 748
procedure for approval of, in India, 777
draft model law on franchising made by UNIDROIT, 777
FORWARDING AGENT(S)
carriers, if, 481
clearing and, liability under Customs Act, 1962 … 482
FORWARDING CONTRACT
handling consignment of fertilizer, for, (letter form), 504
FRANCHISE(S)
agreement, 733?see FRANCHISE AGREEMENT(S)
contract?see FRANCHISE CONTRACT
disclosure
ontario, in, illustrative cases, 795
statutory, in other countries, 796
foreign
procedure for approval of, in India, 777
foreign?see FOREIGN FRANCHISE(S)
information required before purchasing, 723
insurance
liability of, (form), 972
investigating about product, 741INDEX 1083
FRANCHISE(S) ? Contd.
investigating about territory of proposed, 743
pre-opening requirements, (form), 974
purchase of
financial help whether available, 723
how to approach a financial institution for, 723
record of bill of sale, (form), 982
royalties, (form), 984
service of
investigating about, 741
termination of, 782
commercial issues, 782
conclusion, 783
legal issues, 783
why buy, 722
Wimpy?s
salient features of, in India, 765
worldwide sources, 735
FRANCHISE ACCOUNTING PROCEDURE
weekly, (form), 972
FRANCHISE AGREEMENT(S)?see also FRANCHISE CONTRACT(S)
consumer protection laws applicable to, 754
insolvency laws, 758
intellectual laws, 758
labour laws applicable to, 757
dangerous contract terms from franchisee?s perspective, 800
?even if you win, you lose? clause, 803
facelift clause, 802
?for sale, if it is O.K. with you? clause, 802
?I didn?t say that? clause, 801
?I don?t have to do anything? clause, 801
?I?m through with you, but you?re not through with me?, clause, 802
?I?ll choose your weapons for you? clause, 803
?no man?s law? clause, 802
?speak now or forever hold your peace? clause, 802
?this is it? clause, 801
employee training, (form), 978
exclusive
retail business within specific territory, for, (form), 919
franchise accounting procedures?weekly, (form), 972
employee training, (form), 978
insurance of liability, (form), 972
licence grant, (form), 9731084 CONVEYANCING, DRAFTING & DEEDS
FRANCHISE AGREEMENT(S) ? Contd.
franchise manuals for training, (form), 977
marketing trust fund and usage, (form), 981
products unit quality, (form), 974
pre-opening requirements, (form), 974
promotion fees, (form), 975
record of bill of sale, (form), 982
standard operational procedures, (form), 982
trade mark protection and costs, (form), 983
training course attendees and attendance, (form), 980
franchisee?s continuing education programme, (form), 976
granting licence to franchisee, (form), 809
introduction of, 785
important parts of, 787
cooling-off periods, 792
disputes, 792
franchise business, 790
franchise if can be sold, 791
going ahead, 793
how much will it cost, 788
how long get, 787
intellectual property right, 791
manual, 790
obligation, 790
other terms, 792
parties, 793
premises, leases and mobiles, 789
termination, 791
terms of, 792
?intellectual property rights? used in, 791
laser cure centre, for, (form), 944
master, (form), 911
granting non-exclusive licence, (form), 850
restaurant with authority to appoint unit franchisees within non-exclusive
territory, for, (form), 884
monthly franchise reports, (form), 981
network of franchiser, (form), 970
outdoor decor business, for, (form), 949
purchase of specific franchise products, (form), 968
quarterly franchise reports, (form), 980
requirements and usage of franchise trade marks, (form), 983
restaurant, for, in exclusive area, (form), 822
retail showroom for sale of textile goods, (form), 915
right of franchisee to form corporation, (form), 971
royalties, for, (form), 984INDEX 1085
FRANCHISE AGREEMENT(S) ? Contd.
special franchise programmes?credit cards, (form), 985
special franchise promotions and events, (form), 970
termination of
penalties, without, (form), 969
what contained in, 787
what is, 785
FRANCHISE ASSOCIATION OF GREECE, 737
FRANCHISE ASSOCIATION OF SOUTH AFRICA, 737
FRANCHISE ASSOCIATION OF NEW ZEALAND, 737
FRANCHISE ASSOCIATION OF SPAIN, 737
FRANCHISE BUSINESS
start-up new, 719
success of, 719
types of, 716
FRANCHISE CONTRACT(S)?see also FRANCHISE AGREEMENT(S)
disputed, right of franchiser, 804
identifying interest behind the clauses, 805
involving non-parties and other interests, 807
putting on a show: what does franchiser actually do, 806
investigating, 793
FRANCHISE COUNCIL OF AUSTRALIA LTD., 737
FRANCHISE DISCLOSURE
Ontario, in
illustrative cases of, 795
statutory, in other countries, 796
FRANCHISE EMPLOYEE STANDARDS
form of, 976
FRANCHISE EMPLOYEE TRAINING
form of, 978
FRANCHISE INSURANCE
liability, of, (form), 972
FRANCHISE LICENCE GRANT
form of, 973
FRANCHISE MARKETING TRUST FUND
usage, and, (form), 9811086 CONVEYANCING, DRAFTING & DEEDS
FRANCHISE MANUAL
training, for, (form), 977
FRANCHISE PRODUCT(S)
ordering, (form), 968
specific
purchase of, (form), 968
FRANCHISE PRODUCTS UNIT QUALITY
form of, 974
special
credit cards, (form), 985
FRANCHISE PROMOTION AND EVENTS
special, (form), 970
FRANCHISE PROMOTION FEE(S)
form of, 975
FRANCHISE REPORT(S)
monthly, (form), 981
quarterly, (form), 980
FRANCHISE ROYALTY
form of, 984
FRANCHISE STANDARD OPERATIONAL PROCEDURE
form of, 982
FRANCHISE TRADE MARK
protection and costs, (form), 983
requirements and usages of, (form), 983
FRANCHISE TRAINING COURSE
attendees and attendance, (form), 980
completion of, (form), 979
continuing education programme, of, (form), 976
form of, 978
manuals for, (form), 977
FRANCHISEE(S)
franchise agreement granting licence to, (form), 809
investigating about, already in operation, 742
master, 720
regional, 720
master franchise agreement for restaurant with authority to appoint unit, within
non-exclusive territory, (form), 884INDEX 1087
FRANCHISEE(S) ? Contd.
questions for intending, 722
regional?see REGIONAL FRANCHISEE(S)
right of
form corporation, to, (form), 971
FRANCHISER(S)
how to conduct financial investigation of, 724
continuing regular fees, 725
initial licence fees, 725
other fees, 725
total cost, 725
information supplied by
how to verify, 723
investigating about, 734, 739
network of, (form), 970
proprietor of intellectual property rights, whether, 753
right of
disputed contract, 804
FRANCHISING
advantages of, 717
advertising, 718
combined growth, 717
financing, 718
minimized risk, 717
operating, 718
agency and, difference between, 720
Australia, in, 784
basic elements of, 720
benefits of, 718
business through, 746
contract
investigating about, proposed to be executed, 744
cost of, 719
definition of, 715
direct, 749
disadvantages of, 718
franchise fees, 718
loss of control, 718
royalties, 718
distributorship and, difference between, 720
documentation involved in, 7581088 CONVEYANCING, DRAFTING & DEEDS
FRANCHISING ? Contd.
draft model law on, made by UNIDROIT, 777
evaluation?see FRANCHISING EVALUATION
excellent way to be in business, whether, 722
Europe, in, 784
financial and taxation aspects of, 779
advance ruling on taxation, 782
collection of tax, 782
net cash flow, 780
actual and potential value, 780
capital requirement, 780
comparable value method, 781
competition, 780
cost method, 780
discount rate, 780
discounted cash flow method, 780
economic climate, 780
profitability, 780
real interest, 780
risk premium, 780
taxation aspect, 781
valuation?what is franchise worth, 779
four ?R?s of, 721
realism, 721
research, 722
resolve, 722
resources, 722
growing, why, 721
international
opportunities in India, 759
key attractions of, in India, 748
labour laws relating to, 757
legal framework of, in India, 753
competition laws, 754
consumer protection laws in India, 757
insolvency laws, 758
intellectual property laws, 753
labour laws in India, 757
labour laws relating to franchising, 757
limitations of, 719
opportunities in India, 752
other business systems of, 720
area developer, 720
joint venture, 720
master franchisee, 720
regional master franchisee, 720INDEX 1089
FRANCHISING ? Contd.
other countries, in, 783
overview of, 711
realism, 721
research, 722
resolve, 722
resources, 722
scenario in India, 745
computer education, 746
entertainment centre, 746
fitness clinic, 746
food segment, 746
health care centre, 746
United States, in, 783
whether suited to, 726
FRANCHISING ASSOCIATION OF INDIA, 747
objectives of, 748
FRANCHISING EVALUATION
archies gifts and greetings, 768
how started business of, 768
international franchising, 762
McDonald?s franchising, 762
McDonald?s offers, 763
partnering relationship, 762
FRENCH FRANCHISE ASSOCIATION, 737
FURNITURE
agreement to store, (form), 45
GENERAL PERFORMANCE BOND?see BOND
GERMAN FRANCHISE ASSOCIATION, 737
GIFT
family arrangement and, 994
GODOWN
letter for legal right to enter, 140
regarding free access to, to be obtained from borrower/third party (form),
141
to be obtained from borrower where hired, with no free access offered for
storage of stocks as security, (form), 241
G : CDD (Vol. 3) ? 691090 CONVEYANCING, DRAFTING & DEEDS
GOODS
agreement for hypothecation of, (form), 98
hypothecation of, for additional security with the existing cash credit limit facility,
(form), 100
GOVERNMENT
guarantee bond in favour of, (form), 177
GOVERNMENT CONTRACT
agreement for civil construction work under, (form), 276
GRAIN
ownership statement of, and encumbrance, (form), 46
storage receipt for, (form), 47
GRAIN BONDS
meaning, of, 164
requirement of attestation in, 166
GRAIN STORAGE RECEIPT
form of, 47
GUARANTEE?see also BANK GUARANTEE
letter of, to bank, (form), 94
mechanical engineering works for, (form), 405
GUARANTEE BOND
Government, in favour of, (form), 177
GUARANTOR
loan, of, agreement to mortgage between bank and, (form), 111
GUARDIANS AND WARDS ACT, 1890
sec. 34
administration bond under, 165
GUATEMALA FRANCHI