Administration Bond by Gupta

V3_INDEX

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