Sponsorship Agreement by Gupta

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All care has been taken to bring out this work incorporating the latest and exact
provisions of law, as well as case laws.  Notwithstanding as such, errors, omissions
and/or discrepancies may not be fully ruled out. The book is sold or exhibited
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Published by Kamal Law House, 8/2 K.S. Roy Road, Kolkata 700 001 and printed
at Blue Line Printing Industry, 50 Sitalatala Lane, Kolkata 700 011Thou giveth in me the light in darkness
To see through the heart of mankind
To unveil the truth of realisation
Thy eternal existence
To
My wife Sm. Leela Gupta
I gratefully dedicate this work
For her ardent inspirationPreface
This is the EIGHTH and the concluding volume in the series on the
Encyclopaedia on A GUIDE TO CONVEYANCING, DRAFTING & DEEDS,
of which volume 1 to 7 have already been published.
This Volume embraces the remaining Chapters on this work, which
includes three Chapters on current topics, namely, (i) Sponsorship
Agreement, (ii) Project Consultancy and Service Agreement and
(iii) Shopping Mall.
My overriding aim in preparing this revised edition is to endeavour
to enhance the utility of this Encyclopaedia to its users, with addition
of new topics and subjects keeping abreast of the pace of fresh growth
in diverse areas of business, commerce and socio-economical
development all over the country.
In this Volume, apart from updating the references to the relevant
Statutes and case laws in the preliminary notes which have preceded
every chapter, many existing forms have been recast or elaborated and
several new Forms have been added, that have been found necessary
keeping abreast of the present day need, Endeavour have been made
to retain the basic structure, contents and style of the original work,
while increasing its utility as it commands ever before.
This comprehensive work is expected to commend itself with its
distinctive features like its predecessors before the Bench and the Bar
and to all those having to deal with the subject either intimately or at
some remote but under occasional compulsion.
Amongst the most useful means of achieving my aims for
improvement of this work are the continued advice and suggestions of
other practising professionals, well-wishers and dignitaries who have
contributed in the way to the making of this edition and I am greatly
indebted to them for the help and advice which they have extended to
me.
I gratefully acknowledge the help and support received from my
daughter Amrapali, LL.B. from the University of Calcutta and an
honoured recipient of the Award of the Master of Science in International
Business from the D?Youville College, Buffalo, NY and an MBA Research
Assistant, Fogelman College of Business & Economics, University of
Memphis, TN and my son-in-law, Dr. Debmalya Mukherjee, LL.B. from
the University of Calcutta, an MBA from the Ohio University, OH and a
Ph.D. from the Robert Wang International Business Centre, University
of Memphis, TN, in procuring materials and resources in compiling
this work.
[4]CONVEYANCING, DRAFTING & DEEDS
5
I am grateful to all those who have encouraged and inspired me in
compiling this work, specially my son Abhijit and daughter-in-law Priya,
who have rendered their active help and co-operation in the preparation
of this work and last but not least to my wife Leela, for her love,
inspiration and sacrifice in compiling this upheel task.
Finally, a word of thanks to my Publisher Shri Kamal Kumar Lodha
for his mastery skill and acumen in publishing this work in such an
elegant style and to Sri Swapan Kumar Dutta of Kamal Law House for
his painstaking task of reading the proofs, editing and planning the
internal get-up of this work, by preparing the subject-index, which is
too exhaustive and may be found useful to all those who need to look
up the work as a ready-referencer and a guide.
This work is intended to serve as a tool for the practitioners, and as
such, valuable comments and suggestions will be most welcome for its
further improvement.
Kolkata D.K. GUPTA
12 June  2006CONVEYANCING, DRAFTING & DEEDS
6
Contents of Volume 8
1. Powers-of-Attorney : Forms 1 to 117 File Name :    V8-Ch64.pdf
2. Negotiable Instruments : Forms 1 to 60 File Name :    V8-Ch65.pdf
3. Guarantee : Forms 1 to 49 File Name :    V8-Ch66.pdf
4. Indemnity : Forms 1 to 39 File Name :    V8-Ch67.pdf
5. Company and Corporation :
Model Object Clauses : 1 to 63
Forms 1 to 35 File Name :    V8-Ch68.pdf
6. Clubs and Societies : Forms 1 to 18 File Name :    V8-Ch69.pdf
7. Shipping Documents : Forms 1 to 25 File Name :    V8-Ch70.pdf
8. Notices : Forms 1 to 132 File Name :    V8-Ch71.pdf
9. Sponsorship Agreement : Forms 1 to 18 File Name :    V8-Ch72.pdf
10. Project Consultancy and Service Agreement :
Forms 1 to 9 File Name :    V8-Ch73.pdf
11. Shopping Mall : Forms 1 to 7 File Name :    V8-Ch74.pdfContents
CONVEYANCING, DRAFTING AND DEEDS
Chapters
64. Powers-of-Attorney [See book pages 1-29]
1. ?Powers-of-Attorney?  ? meaning of
2. Difference between contract of agency and power-
of-attorney
3. A Power-of-Attorney cannot go beyond the principal
4. General Clause in the Power-of-Attorney versus
Special Power-of-Attorney ? authority of agent
5. Power-of-Attorney ? construction of
6. Power-of-Attorney ? construction of ? Examples:
(1) Power to negotiate and sell promissory notes
includes power to endorse
(2) Power to purchase goods for cash or on credit
in connection with business and to make,
draw, sign or accept bills of exchange or
promissory notes for such purpose does not
include power to borrow money against bills of
exchange
(3) Authority to transact, conduct and manage all
affairs and for that purpose to use or sign the
principals?  names in all and every documents,
includes authority to execute a lease
(4) Authority to conduct and represent in certain
proceedings before court does not include the
right of audience
(5) Authority to carry on proceedings in a court
does not include the authority to present a
document for registration
(6) Power to execute a sale deed and to admit
execution before the Registering Officer does
not include power to enter into an agreement
of sale
(7) Power to borrow, when implied
CONVEYANCING, DRAFTING AND DEEDS
Volume 8
Commentary portions of the above Volume containing
Chapters 64 to 74 ? See the book.CONVEYANCING, DRAFTING & DEEDS
8
(8) Power to borrow, when unauthorised
(9) Power to sell, when implied
7. Power-of-Attorney?kinds of :
(1) General power
(2) Special power
(3) Particular power
8. General Power-of-Attorney or Special Power-of-
Attorney: Determination
9. Powers of General Power-of-Attorney Holder
10. Husband and wife, when agency to be presumed
11. Authority of counsel, attorney and advocates
12. Implied powers to manage business
13. Authority to sell and implied authorities
14. Sale by Power-of-Attorney Holder if conveys title to
purchase
15. Authority to receive payments and other implied
authorities
16. Authority to pay debts and implied authorities
17. Authority to recover debts and implied authorities
18. Authority of constituted attorney ? limitations
19. Agency of necessity ? principles of
20. Power-of-Attorney ? jointly given in favour of a
single individual
21. Power-of-Attorney ? one principal appointing joint
agents
22. Power-of-Attorney held to be void
23. Capacity of parties to Power-of-Attorney:
(1) Capacity of donor
(2) Capacity of donee
24. Competency of General Power-of-Attorney Holder
to depose as a witness
25. Consideration, if necessary, to create agency
26. Power of delegation of authority be an agent
27. Appointment of substitute by an agent, permissible
when
28. Ratification by principal acts of agents done without
authority
Chapters
64. Powers-of-Attorney?Contd.
6. Power-of-Attorney ? construction of ? Examples?contd.CONVEYANCING, DRAFTING & DEEDS
9
Chapters Page number of CD
64. Powers-of-Attorney?Contd.
29. Essential requisites of valid ratification:
(a) Act to be ratified should have been done on
behalf of the ratifier
(b) Ratification should be done within a reasona-
ble time without prejudice to any of the parties
(c) Principal must have been in existence or
capable of being ascertained at the time of the
act to be ratified
(d) Ratification must be done with full knowledge
of facts
(e) Ratifier should be competent to authorise the
act intended to be ratified
(f) Act Intended to be ratified should not be void
or illegal
(g) Act to be ratified must relate to an existing
thing
(h) Ratification must be communicated to the
party
affected by it
30. Effect of ratification
31. Acts done after death of principal ? ratification by
heirs ? validity
32. Ratification by Statutory Authority beyond statutory
provision
33. Cancellation of written Power-of-Attorney orally
34. Revocation of Power-of-Attorney
35. Revocation of Power-of-Attorney, when takes effect
36. Termination of Agency ? effect
37. Retrospective termination of Agency ? illegal
38. Power-of-Attorney?irrevocable when
39. Execution and authentication of Power-of-Attorney
40. Form of authentication of Power-of-Attorney
41. Registration of Power-of-Attorney
42. Stamp duty
FORMS :
1. General Power-of-Attorney by a person leaving the
Country for a long period … 1
2. General Power-of-Attorney to manage control look
after and supervise all affairs relating to the flat of the
principal … 8
File Name : V8-Ch64.pdfCONVEYANCING, DRAFTING & DEEDS
10
Chapters Page number of CD
64. Powers-of-Attorney?Contd.
FORMS?Contd.
3. General Power-of-Attorney … 11
4. General Power-of-Attorney [Another form] … 12
5. Special Power-of-Attorney for Medical Authorisation … 13
6. Power-of-Attorney by Lessor in favour of Lessee?s
nominees for development of demised premises … 14
7. Power-of-Attorney by purchasers of a flat to appear
before registering authority?representing the pur-
chasers to present document for registration and
admit execution … 16
8. Power-of Attorney by a person leaving India to take
over Possession, Management and Control of the
flat held as shareholder of a company and also to
sell and transfer his share in the said company … 17
9. General Power-of-Attorney by the Managing Shebait
of a Debuttar estate sold to a Society subject to
existing tenancy to prosecute all suits, claims and
litigations on behalf of the vendor … 19
10. Power-of-Attorney by co-owners of a joint property
for development, construction and sale upon demo-
lition of existing structures … 21
11. Joint Power-of-Attorney by several legal heirs of a
Hindu intestate in respect of the joint property sold
to a Religious T rust in favour of its Managing Trustee … 24
12. Power-of-Attorney in favour of a brother for comple-
tion of sale of property in terms of the agreement
executed by a person who is leaving the town … 27
13. General Power-of-Attorney by mother of a deceased
intestate in favour of her youngest son for manage-
ment and control of deceased?s estate … 29
14. General Power-of-Attorney by coparceners of a Joint
Hindu Family for management of ancestral property … 32
15. Joint Power-of-Attorney by two married sisters in
favour of their brother in respect of management and
sale of joint property … 33
16. General Power-of-Attorney by vendor in favour of the
Developer/Purchaser for development of the prop-
erty to be sold … 35
17. General Power-of-Attorney appointing Purchaser?s
nominee to execute and register sale deed in re-
File Name : V8-Ch64.pdfCONVEYANCING, DRAFTING & DEEDS
11
spect of the flat and proportionate undivided share
in the land … 38
18. Joint Power-of-Attorney by two co-owners in respect
of Sale of respective, undivided share in the joint
property to secure purchaser?s interest in obtaining
sale of the remaining undivided share of other co-
owners … 39
19. General Power-of-Attorney for carrying on, control-
ling and managing business of Bar and Restaurant … 42
20. General Power-of-Attorney for Development Cons-
truction and Sale of Flats by Developer … 45
21. Deed of Revocation of Power-of-Attorney … 49
22. Power-of-Attorney to receive dividends on shares
held in different Companies with powers of appoint
substitutes … 50
23. Power-of-Attorney to receive payment of a mortgage
debt secured by a Bond with other necessary powers … 50
24. Power-of-Attorney to take delivery and possession
of goods in transit consigned to a firm declared
insolvent and to sell or dispose of the same and
account for the sale proceeds and to institute claim
against non-delivery … 51
25. Power-of-Attorney by executor to a legatee under
the will to obtain Letter of Administration and for
administration of the estate of the testator … 52
26. Power-of-Attorney to a transferee of shares in a
Limited Company to deal with the transferred shares
with power of appointing substitutes … 52
27. Power-of-Attorney by a businessman authorising to
receive and collect all business debts, to deposit the
collections into the bank, to transact the business
and to sell a named business and for that purpose
execute all necessary documents etc. … 53
28. Power-of-Attorney to conduct legal proceedings and
for matters connected therewith … 53
29. Power-of-Attorney by a Company authorising the
attorney to collect debts and retain his fees out of the
proceeds … 54
30. Power-of-Attorney by person going abroad to raise
money by mortgage of specified property … 55
Chapters Page number of CD
64. Powers-of-Attorney?Contd.
FORMS?Contd. File Name : V8-Ch64.pdfCONVEYANCING, DRAFTING & DEEDS
12
Chapters Page number of CD
64. Powers-of-Attorney?Contd.
FORMS?Contd.
31. Power-of-Attorney to sell immovable property  and
execute and register deeds of conveyance in favour
of purchasers … 57
32. Power-of-Attorney to sell land comprised in several
plots as building sites with other necessary powers … 58
33. Power-of-Attorney to execute and register sale deeds
and other instruments … 59
34. Power-of-attorney to obtain Letters of Administration
in respect of the testator?s estate, on behalf of a
person residing outside India … 59
35. Power-of-Attorney empowering execution and regis-
tration of a sale deed and receiving sale consider-
ation … 60
36. Power-of-Attorney by vendor for execution and regis-
tration of conveyances in favour of purchasers … 60
37. Power-of-Attorney by an intending purchaser to his
solicitor for completion of the transaction of pur-
chase under an pre-concluded contract … 61
38. Power-of-Attorney authorising the sale of immov-
able property situated abroad … 62
39. Power-of-Attorney by husband to wife authorising
purchaser of property in the joint names upon mort-
gage of the property … 63
40. General Power-of-Attorney by person in ill-health
appointing more than one agents to act jointly in the
management of general affairs and business … 65
41. General Power-of-Attorney by person in ill-health
appointing agents to act jointly for management of
the general affairs and business during periods of
incapacity … 66
42. Power-of-Attorney authorising to execute lease
in  favour of a named person … 73
43. Power-of-Attorney authorising execution and regis-
tration of a deed of conveyance in favour of a pur-
chaser … 74
44. General Power-of-Attorney … 75
45. General Power-of-Attorney for the purpose of man-
agement of the proper ties, business and general
affairs of the principal … 77
46. Power-of-Attorney by a trustee in favour of a co-
trustee in exercise of the powers of delegation expres-
sly conferred by the instrument of Trusts … 80
File Name : V8-Ch64.pdfCONVEYANCING, DRAFTING & DEEDS
13
Chapters Page number of CD
64. Powers-of-Attorney?Contd.
FORMS?Contd.
47. Power-of-Attorney by trustees under a will appointing
an attorney to deal with property situated abroad … 81
48. General Power-of-Attorney for management of all the
properties, business and affairs of a person … 82
49. Power-of-Attorney by a co-owner in favour of other
co-owner in respect of investments held by the donor
jointly … 85
50. General Power-of-Attorney between partners to carry
on partnership business … 85
51. General Power-of-Attorney for development and sell
of immovable property … 86
52. Special Power-of-Attorney on behalf of a limited
Company for registration of a document … 89
53. Power-of-Attorney to compromise and settle a pend-
ing action for damages against a Company and
collect or receive compensation money upon execu-
tion of a full discharge and receipt … 90
54. Power-of-Attorney to demand and collect rent and to
recover possession in the event of default according
to the terms of lease … 90
55. Power-of-Attorney to demand, receive and collect
rents from tenants and institute, proceedings against
defaulting tenants including re-entry … 91
56. Power-of-Attorney to sue, deamand, collect and
receive payments, to issue receipts and/or to com-
promise any claim … 91
57. Power-of-Attorney to an agent for purchase of ma-
terials for the business of the Principal … 92
58. Power-of-Attorney in favour of Customs House Agent
for import, export and delivery of goods through the
Customs House and to issue bond or transact any
business therein … 92
59. Power-of-Attorney by a Partnership firm appointing
agent to enter into any composition or settlement in
respect of a debt due from a Company … 93
60. Power-of-Attorney in favour of developers to de-
velop, construct and sell prescribed covered area of
the building reserving the remaining covered area to be
sold by the donors through attorney jointly appointed … 93
File Name : V8-Ch64.pdfCONVEYANCING, DRAFTING & DEEDS
14
Chapters Page number of CD
64. Powers-of-Attorney?Contd.
FORMS?Contd.
61. General Power-of-Attorney in favour of a Developer
Company by the owners of a plot of land for devel-
opment of a building project and sale of flats to be
constructed thereon … 96
62. General Power-of-Attorney by a Limited Company in
favour of an individual … 99
63. General Power-of-Attorney … 99
64. Power-of-Attorney to receive dividends and interests
an investments and to give good receipts and dis-
charge for the same … 100
65. General Power-of-Attorney for management and
development of immovable property … 100
66. Power-of-Attorney by the owners of a ship in favour
of the attorney to take possession of the ship from
the present master and to act himself as the new
master … 102
67. Power-of-Attorney to vendor?s solicitor for registra-
tion of a Conveyance already signed by the vendor
himself and for admitting execution thereof before the
Registering authority … 103
68. Power-of-Attorney by a Limited Company to the
manager of a branch for transacting its business,
including opening and operation of a bank account … 104
69. Power-of-Attorney to borrow specified amount upon
security of mortgage on immovable property and
execute all necessary instruments for the purpose … 104
70. Power-of-Attorney to institute and carry on legal
proceedings against a named defendant with power
to compromise or refer to arbitration such procee-
dings … 105
71. Power-of-Attorney to deal with all kinds of invest-
ments and securities including powers of sale  and
purchase of new investments … 105
72. Power-of-Attorney by executors authorising attor-
neys to obtain letters of administration … 106
73. General Power-of-Attorney by a Bank in favour of a
manager of an overseas branch … 107
74. Power-of-Attorney to operate on a bank account
accept drafts or bills of exchange and make endorse-
ments on all negotiable instruments … 109
File Name : V8-Ch64.pdfCONVEYANCING, DRAFTING & DEEDS
15
75. Power-of-Attorney to effect insurance on properties
or to cancel any such insurances and pay the
premium … 110
76. Power-of-Attorney to grant leases, receive rents and
premiums and undertake repairs and insurances on
buildings to be leased … 110
77. Power-of-Attorney by a beneficiary under a will
appointing an attorney to receive his share in residu-
ary estate/trust fund and for settling and adjusting
claims relating thereto … 111
78. General Power-of-Attorney by a bank appointing
agents at its overseas branches … 112
79. Power-of-Attorney in favour of Creditor to collect
and receive rents from tenants by way security for the
amount due … 116
80. General Power-of-Attorney by a Principal leaving
India for the purpose of management of general af-
fairs and properties during his absence from India … 117
81. General Power-of-Attorney by a  person leaving
India, for management of his affairs relating to shares
and investments … 123
82. General Power-of-Attorney in favour of the manager
for management of the affairs of the owner relating
to such property during his absence from India … 125
83. Power-of-Attorney giving authority to a creditor to
collect and receive rents of houses as security for
debts … 129
84. Power-of-Attorney giving authority to receive pay-
ment of debts secured upon a bond or mortgage … 130
85. Power-of-Attorney by a Company authorising its
attorney to stop goods in transit … 132
86. Power-of-Attorney by an Indian company to its
Overseas agents to manage the affairs of company?s
business abroad … 133
87. Power-of-Attorney by a Principal to his foreign agent
giving authority to borrow money on the security of
the property in the foreign country … 135
88. Power-of-Attorney by owner of ship in favour of the
manager in connection with the management and
operation of the ship … 136
Chapters Page number of CD
64. Powers-of-Attorney?Contd.
FORMS?Contd. File Name : V8-Ch64.pdfCONVEYANCING, DRAFTING & DEEDS
16
Chapters Page number of CD
64. Powers-of-Attorney?Contd.
FORMS?Contd.
89. Special Power-of-Attorney to collect and recover
debts from a debtor abroad … 137
90. Supplemental Power-of-Attorney given as a collat-
eral security for payment of principal money and
interest secured by assignment of a Life Insurance
Policy … 138
91. Supplemental deed conferring further powers by
endorsement on the original deed … 139
92. Agreement for Bailment with Security-cum-Indem-
nity Bond and power to realise debts or sell assets
to enforce security … 140
93. Warrant of attorney to confess judgment as a collat-
eral security for payment of money secured by  mort-
gage of a policy of assurance … 144
94. Deed ratifying and confirming execution of a docu-
ment by the attorney on behalf of the Principal … 145
95. Deed appointing a substitute under a Power-of-
Attorney … 146
96. Appointment of a substitute under a Power-of-
Attorney … 146
97. Deed of appointment of substitute by an attorney in
exercise of the power conferred by the original
Power-of-Attorney … 146
98. Deed appointing substitutes by an attorney in exer-
cise of the powers conferred in the original Power-of-
Attorney … 147
99. Revocation of a Power-of-Attorney … 148
100. Deed of revocation of a Power-of-Attorney … 148
101. Deed of revocation of a Power-of-Attorney with the
consent of the attorney … 149
102. Deed of revocation of Power-of-Attorney … 149
103. Revocation of a Power-of-Attorney [Short Form] … 150
104. Declaration by the donee of Power-of-Attorney that the
power has not been revoked … 150
105. Declaration by attesting  witness of execution of
Power-of-Attorney by the donor of power … 151
106. Affidavit by attesting witness of execution of Power-
of-Attorney … 152
File Name : V8-Ch64.pdfCONVEYANCING, DRAFTING & DEEDS
17
107. Declaration by a donee of Power-of-Attorney that the
power has not been revoked by the Principal … 152
108. Clause appointing a second attorney to act in the
event of death or otherwise of the attorney appointed
earlier … 153
109. Clause providing undertaking for ratification of the
acts of attorney and for indemnity and declaration for
protecting persons not having notice of revocation … 154
110. Clause providing authority to the attorney to ap-
point substitute … 154
111. Covenant to protect attorney for the acts done
between death of principal and receipt of notice of
death … 155
112. Clause providing declaration that the power is to
continue in force until notice of revocation is actually
received by the attorney … 155
113. Clause in a Power-of-Attorney undertaking to ratify
acts of the attorney and to indemnify for the same … 155
114. Clause on power of sale of goods and merchandise … 155
115. Clause on power to vote at a meeting of any Com-
pany and to act as proxy … 156
116. Clause providing binding effects of the acts of attorney
after death of the Principal until information of
death comes to the knowledge of the attorney … 156
117. Clause in a Power-of-Attorney granted with consid-
eration that the powers conferred therein will be
irrevocable … 156
65. Negotiable Instruments
1. Negotiable Instruments?meaning of
2. Documents which are not negotiable instruments
3. Restriction on drawing or accepting negotiable ins-
truments payable to bearer on demand
4. Promissory note?meaning of
5. Essentials of a Promissory Note
(1) It must be in writing and signed by the maker
(2) It must contain an unconditional promise to pay
(3) It must contain definite and certain sum
Chapters Page number of CD
64. Powers-of-Attorney?Contd.
FORMS?Contd. File Name : V8-Ch64.pdfCONVEYANCING, DRAFTING & DEEDS
18
(4) It must be payable on demand or at a fixed or
determinable future time
(5) It must be payable to or to the order of a
specified person or the bearer thereof
(6) Medium of payment must be money only
(7) It must be duly stamped
6. Promissory Note executed without consideration ?
effect
7. Promissory Notes?construction of
8. Promissory Note executed by Karta of H.U.F . ?
effect
9. Signing and delivery of blank Promissory Note ?
effect
9.1. Blank as to payee
9.2. Blank as to interest
10. Material alteration in the instrument
11. Bill of Exchange?meaning of
12. Essentials of Bill of Exchange:
(1) It must contain an unconditional order to pay
(2) Drawer and Drawee must be certain or iden-
tifiable
(3) It must indicate the time of payment
(4) Amount of money must be certain
13. Cheque?definition and meaning of
13.1. Characteristic of Cheques
14. Difference between Cheque and Bill of Exchange
15. ?Drawer?, ?Drawee?, ?Acceptor?  and ?Payee??meaning
of
16. ?Holder?  and ?Holder in due course??meaning of
17. Indorsement, nature and form of
18. Dishonour of Cheque and ingredients to constitute
offence under section 138 of the Negotiabale Instru-
ments Act, 1881
19. ?Inland Instrument?
20. ?Foreign Instrument?
21. ?Ambiguous Instrument?
22. Inchoate instrument?meanings
Chapters
65. Negotiable Instruments?Contd.
5. Essentials of a Promissory Note?Contd.CONVEYANCING, DRAFTING & DEEDS
19
Chapters Page number of CD
65. Negotiable Instruments?Contd.
23. Payable ?at sight?, ?after sight?  and ?on demand??
meaning of
24. Capacity of parties to Negotiable Instruments:
(a) Minor
(b) Instrument of Corporation
(c) Agent
(d) Partners
(e) Legal Representative
25. Consideration for Negotiable Instrument
26. Notice of dishonour of Negotiable Instruments:
(a) Dishonour by non-acceptance
(b) Dishonour by non-payment
(c) By and to whom notice should be given
(d) Mode in which notice may be given
(e) When notice of dishonour is necessary
27. Negotiable Instruments?rules of presumption:
(a) Of consideration
(b) As to date
(c) As to time of acceptance
(d) As to time of transfer
(e) As to order of indorsement
(f) As to stamp
(g) That holder is a holder in due course
28. Effect of material alteration in a Negotiable Instru-
ment
29. International Bills of Exchange and International
Promissory Notes
30. Attestation
31. Stamp duty:
(a) On Bill of Exchange
(b) On Cheque
(c) On Promissory Note
32. Registration
FORMS :
1. Promissory Note … 1
2. Promissory Note to make Repayment in Monthly
Instalments … 2
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Chapters Page number of CD
65. Negotiable Instruments?Contd.
FORMS?Contd.
3. Joint and Several Promissory Note … 3
4. Promissory Note to Settle Account Payable … 3
5. Promissory Note and Statement of Disclosure … 4
6. Promissory Note … 5
7. Promissory Note [Short form] … 6
8. Promissory Note by single maker … 6
9. Joint and several Promissory Note … 7
10. Joint Promissory Note … 7
11. Joint and several Promissory Note payable by
instalments … 7
12. Promissory note containing pledge of collateral
security … 8
13. Promissory Note made payable at a particular place … 8
14. Promissory Note by a company … 8
15. Promissory Note by guardian of minor … 9
16. Promissory Note on behalf of limited Company … 9
17. Promissory Note by firm … 9
18. Promissory Note as security for the unpaid purchase
money for land purchased?provision in the sale
deed to the effect … 9
19. Promissory Note with collateral security for sums
secured with interest, negotiable through Bank, with
powers of sale and conversion … 10
20. Promissory Note with collateral security … 11
21. Promissory Note with collateral security and power
of sale … 12
22. Promissory Note in favour of a Company by way of
security supported with collaterals with powers of
sale and conversion and covenants to pay the defi-
ciencies if any … 12
23. Promissory Note by way of hypothecation of collat-
eral security with power to sell and convert the security
in case of default in making payment … 14
24. Promissory Note with a Collateral Security with
power to sell in the event of default in making payment … 15
25. Joint Promissory Note with power to the payee or
holder to enter upon drawers? premises and take
possession of the goods … 16
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Chapters Page number of CD
65. Negotiable Instruments?Contd.
FORMS?Contd.
26. Promissory Note creating Security for unpaid pur-
chase money in respect of a Vehicle … 17
27. Promissory Note by way of Security for unpaid
purchase money … 17
28. Joint Promissory Note in favour of a Company for
payment in instalments with interest … 18
29. Interest reduced on prompt payment … 19
30. Promissory Note (without interest) … 19
31. Promissory Note with surety … 20
32. Promissory Note with Joint and several liabilities … 20
33. Discharge of pronote … 20
34. Demand Promissory Note … 20
35. Receipt and discharge of a Promissory Note … 21
36. Bill of Exchange payable on demand … 21
37. Bill of Exchange payable after date … 22
38. Bill of Exchange payable on demand to or to the order
of a specified person with interest … 22
39. Bill of Exchange payable at sight to or to the order
of a specified person with interest … 22
40. Bill of Exchange payable after date of specified
period to self or order … 23
41. Bill of Exchange payable after sight … 23
42. Non-transferable Bill of Exchange … 23
43. Bill of Exchange drawn without recourse … 24
44. Bill of Exchange payable to self after date of the
specified period … 24
45. Bill of Exchange payable to three persons or to the
Order of any one of them within specified period after
presentation … 24
46. Notice of Dishonour … 25
47. Bill of Exchange payable on demand to two persons … 25
48. Bill of Exchange payable on demand to single
person … 25
49. Foreign Bill of Exchange in set of three with indication of
source from which acceptor may recoup himself
or account to be charged … 26
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Chapters Page number of CD
65. Negotiable Instruments?Contd.
FORMS?Contd.
50. Banker?s draft … 26
51. Notarial Notice of a Noting, or of a Protest for Non-
Acceptance, or of a Protest for Non-Payment of a Bill
of Exchange … 26
52. Protest for Non-Acceptance or for Non-Payment of
a Bill payable at a stated place … 27
53. Protest for Non-Acceptance or for Non-Payment of
a Bill payable generally … 27
54. Protest by a Judicial Magistrate (where there is no
Notary) for Non-Acceptance of a Bill, or Non-Pay-
ment of a Bill or Note … 28
55. Notarial Notice of Protest for Non-Payment of a
Promissory Note … 29
56. Protest for Non-Payment of a Promissory Note
payable at a stated place … 29
57. Protest for Non-Payment of a Promissory Note pay-
able generally … 30
58. Notarial Notice of a Noting or of a Protest for Non-
Acceptance or Non-Payment of a Bill of Exchange to
the Endorser … 31
59. Noting for Non-Acceptance … 31
60. Notarial Service of Notice of a Protest for Non-
Acceptance or Non-Payment of a Bill or Promissory
Note … 32
66. Guarantee
1. Guarantee ? definition and meaning
2. Contract of Guarantee ? kinds of
3. Contract of Guarantee ? essentials of
4. Performance Guarantee
5. Continuing Guarantee ? meaning
6. Consideration for Guarantee
7. Consideration for a contract and term of a contract?
difference
8. Consideration?enforceability of
9. Conditional Guarantee
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Chapters Page number of CD
66. Guarantee?Contd.
10. Bank Guarantee?enforcement of
10.1. Invocation of Bank Guarantee against a sick
industry
10.2. Invocation of Bank Guarantee for failure to pay
contribution to an Employees?  Welfare Fund by
the Contractor
10.3. Enforcement of Bank Guarantee and inference
by courts
11. Bank Guarantee and Irrevocable Letter of Credit?
difference
11.1. Bank Guarantee must be genuine
12. Surety?position of
13. Joint sureties
14. Joint promisor, co-sureties, if
15. Joint debtors and suretyship
16. Liability of surety
17. Surety withdrawing guarantee?effect
18. Discharge of surety :
(1) Discharge of surety by variance in terms of
contract
(2) Discharge of surety by release or discharge of
principal debtor
(3) Discharge of surety when creditor compounds
with, gives time to, or agrees not to sue,
principal debtor
19. Surety, not discharged, when :
(1) When agreement is made with third person to
give time to principal debtor
(2) Creditor?s forbearance to sue
(3) Release of one co-surety does not discharge
others
20. Rights and remedies of surety
21. Revocation of continuing guarantee
22. Stamp duty
23. Registration
FORMS :
1. Guarantee for Prompt Repayment of Loan to Lender … 1
2. Guarantee [Short form] … 2
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3. Guarantee against Performance of Obligation under
Promissory Note … 2
4. General Guarantee … 3
5. Guarantee of pledges to secure debt … 3
6. Agreement of Guarantee to secure debts of company
with collateral undertakings by stockholders … 4
7. Agreement Depositing Shares and Bonds to be held
as collateral security for repayment of debts … 6
8. Guarantee with collateral security for securing pay-
ment and performance of obligations … 6
9. Contract of Guarantee for providing  Telecommunica-
tion Services … 7
10. Guarantee by Separate Instrument … 9
11. Unlimited Guarantee Respecting Credit … 10
12. Unlimited Guarantee as to the Amount and Duration … 11
13. Continuing Guarantee for a fixed sum until repay-
ment of debt … 12
14. Agreement subordinating Financial Claims of Credi-
tor to other claims … 13
15. Subordination Agreement between Secured Credi-
tor and Debtor in respect of claim against collateral
securities … 14
16. Demand on Guarantor … 14
17. Demand for repayment of advances … 15
18. Notice of Revocation of Guarantee … 16
19. Letter of Guarantee in favour of a Bank by a surety
securing repayment of liabilities of a borrower … 16
20. Letter of Guarantee furnished by a surety under a
hire-purchase agreement … 19
21. Guarantee in respect of payment of dividends … 20
22. Guarantee in respect of payment of arrear rents … 20
23. Letter of Guarantee creating charge upon the secu-
rities deposited to secure the advances … 21
24. Letter of Guarantee by surety in favour of the seller
to secure buyer?s obligation under a credit sale
agreement … 21
25. Guarantee by the second mortgagee on behalf of the
Mortgagor in consideration of the first mortgagee not
exercising his power of sale … 23
Chapters Page number of CD
66. Guarantee?Contd.
FORMS?Contd. File Name : V8-Ch66.pdfCONVEYANCING, DRAFTING & DEEDS
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Chapters Page number of CD
66. Guarantee?Contd.
FORMS?Contd.
26. Guarantee for supply of goods on credit to a third
party, limited to single transaction … 24
27. Simple Guarantee for supply of goods on credit to a
third party with appropriation of payments … 25
28. Guarantee given by bank upon reduction of Share
Capital by a Company, for payment of debt or claim … 25
29. Guarantee by a surety on behalf of tenant for
payment of rent and observance of terms of tenancy
agreement by the tenant … 27
30. Guarantee under Hire Purchase Agreement for pay-
ments due and payable thereunder … 28
31. Guarantee given to a finance company securing
performance of dealer?s obligations under master
agreement … 28
32. Guarantee under hire-purchase agreement securing
performance of hirer?s obligations … 29
33. Fidelity Guarantee policy for an employee of local
authority … 31
34. Fidelity Guarantee policy on behalf of a government
official by an Insurance Company where personal
undertaking is not given by the official … 34
35. Fidelity Guarantee policy for an employee with
variation for more than one employee and for collec-
tive policy containing several guarantees for respective
employees … 36
36. Fidelity Guarantee by individual for an employee of
a Company … 38
37. Fidelity Guarantee given by the association of Offic-
ers of a local body for the named Officers who are
members of the association … 39
38. Fidelity Guarantee by an insurance Company guar-
anteeing the fidelity of a government official, under-
taking by the official as to his own fidelity … 42
39. Continuing Guarantee covering  supply of goods on
credit to third party … 45
40. Continuing Guarantee for repayment of money se-
cured by debentures … 46
41. Continuing Guarantee in favour of a bank securing
advances to be made to customers … 47
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Chapters Page number of CD
66. Guarantee?Contd.
FORMS?Contd.
42. Continuing Guarantee by joint sureties for a running
account limited to an aggregate sum … 50
43. Continuing Guarantee by joint sureties up to speci-
fied amount for the supply of goods to a trader, the
liabilities of the co-sureties being for unequal sums … 51
44. Joint and several guarantee in favour of a Bank
securing the advances to be made to customers … 52
45. Agreement between co-sureties settling their mutual
rights and obligations … 55
46. Agreement whereby one of the joint obligors is con-
verted into a surety for the other … 57
47. Agreement for release of retiring surety, the principal
debtor, the creditor and the new surety joining the
agreement … 58
48. Deed of release in favour of surety as to his obliga-
tion
under the guarantee … 59
49. Guarantee and Hypothecation of Fixed Deposit
Receipt Moneys, Cash Certificates, Monthly Income
Certificate etc. … 60
67. Indemnity
1. Indemnity ? definition and meaning
2. ?Contract of indemnity?  and  ?contract of guarantee?  ?
distinction
3. Contract of indemnity ? extent and nature of
indemnifier?s liability
4. Indemnity as applicable to marine insurance
5. Creation of rights of indemnity
6. Subject-matter of indemnities
7. Enforcement of indemnity
8. Rights of the indemnifier for subrogation
9. Illegal indemnities
10. Indemnity and covenant not amounting to indemnity
? distinction
11. ?Contract of indemnity?  and ?contingency insurance?
? distinction
12. ?Indemnity?  and ?damages?  ? distinction
13. Assignment of indemnity
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Chapters Page number of CD
67. Indemnity?Contd.
14. Indemnity ? liability of indemnifier?s heirs and suc-
cessors
15. Form of Indemnity
16. Stamp duty
17. Registration
FORMS :
1. Clauses on Indemnification provision in a contract … 1
2. Indemnity clause in a Highway Development Project
Contract against Injury to persons to property … 3
3. Indemnification Agreement … 4
4. Indemnity Agreement … 4
5. Indemnity Bond … 5
6. Indemnity Bond by Vendor to purchaser Immovable
Property … 6
7. Letter of indemnity in lieu of a guarantee furnished
in support of a hire-purchase agreement … 7
8. Assignment of an indemnity against lost title deeds
by the Vendor pursuant to a clause in the original
indemnity by the erstwhile owner … 9
9. Indemnity by a landlord to a tenant protecting the
rents paid during pendency of suit against the land-
lord, as to the title to the property let out … 10
10. Letter of indemnity by surety in favour of the seller
to secure buyer?s obligation under a credit sale agree-
ment … 11
11. Indemnity by the Vendor in favour of the purchaser
of an immovable property which was originally subject
to a lease, but no formal surrender has been
made thereof by the assignee to the original lessor … 12
12. Indemnity against outstanding calls on shares … 13
13. Indemnity by drawer of bill in the form of undertaking
to provide for accommodation bill … 13
14. Indemnity Bond to accompany application for sanc-
tion of Building Plan under sec. 29 of the Urban Land
(Ceiling and Regulation) Act, 1976 … 14
15. Indemnity given by a borrower in support at a mort-
gage for repayment of advances made by a Building
Society … 15
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Chapters Page number of CD
67. Indemnity?Contd.
FORMS?Contd.
16. Indemnity by a shareholder to a company against
legal costs and expenses to defend a suit in company?s
name … 15
17. Agreement and indemnity relating to a foreign docu-
mentary credit … 16
18. Indemnity by contractor against any loss or damage
to the owner resulting from the breach in the perfor-
mance of the contract by the contractor … 18
19. Open Indemnity in favour of Finance Company by a
dealer under hire-purchase or credit-sale agree-
ments … 21
20. Indemnity under hire-purchase agreement against
any loss to be suffered by the owner … 23
21. Indemnity by an insurance company to a surety in
respect of his liability under a fidelity bond … 24
22. Indemnity by a Company secured by assignment of
book debts of guarantors who have requested the
Company to discharge them from the guarantee … 26
23. Indemnity by a company to guarantors and secured
by assignment of book debts … 27
24. Indemnity by one of the joint purchasers of immov-
able property to the other co-purchaser who had
provided his one-half share of the purchase money
and the balance of the purchase money was se-
cured
by mortgage of the entire property … 29
25. Indemnity in the form of Trust Certificate given to a
Bank in consideration of the latter handling over
documents of title to the goods pledged as security
for advances made … 30
26. Indemnity to executors by legatee in consideration
of payment of legacy pending satsifaction of testator?s
debts, in the event of deficiency in the assets … 31
27. Indemnity given by the tenants for life to the execu-
tors for holding on the investments without sale or con-
version, contrary to the terms of the will … 32
28. Indemnity given by benefciaries under a will in favour
of the executors for allowing time to a debtor?liabilities of
the beneficiaries shall be limited to their respective
share … 34
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Chapters Page number of CD
67. Indemnity?Contd.
FORMS?Contd.
29. Indemnity given to the executors by the beneficiaries
under the will for carrying on testator?s business
although the same was not authorised by the will … 35
30. Indemnity given by the beneficiaries to the trustees
who have made certain investment out of trust fund
not authorised by the settlement, at the request of the
beneficiaries … 36
31. Indemnity given by the beneficiaries to the trustees
who have purchased property out of trust-fund in
breach of trust … 37
32. Indemnity given to an executor by a debtor who has
been granted extension of the time for repayment of
debt due to the testator?s estate … 39
33. Indemnity given to trustees by husband and wife for
exclusion from vesting certain pecuniary legacy in
favour of the trustees … 40
34. Indemnity given to the trustees by husband and wife
upon payment to husband of trust fund, subject to
the life interest of the wife, in default of a child being born
of the wife who has crossed her age of materials … 41
35. Counter-Indemnity by a Customer in favour of a Bank
against a Bank Guarantee issued by the Bank at the
request of the Customer … 43
36. Counter-indemnity in the form of a letter … 44
37. Letter of Indemnity to a Company by a Shareholder
for issue of a new Share Certificate in lieu of the
original which has been lost or destroyed … 44
38. Indemnity Bond by a Shareholder to a Company
against issue of Duplicate Share Certificates for the
original that have been lost?Two Sureties joining … 45
39. Indemnity Bond for Transmission of Shares to Heirs
of Deceased Shareholder … 46
68. Company and Corporation
1. Introduction
2. ?Company?, ?Corporation? and ?Body Corporate??
meaning
3. Formation Agreements
4. Pre-incorporation Contracts
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5. Adoption Agreements
6. Underwriting Agreements
7. Agreement to allot shares in consideration of prop-
erty to be sold or services to be rendered to the
company?validity of
8. Scheme of contract for acquisition of entire share-
capital of a Company upon amalgamation or recon-
struction
8.1. Reconstruction & Amalgamation?difference
9. Acquisition of shares upon amalgamation and/or
reconstruction of a company
10. Sale of undertaking by a company?restrictions of
11. Transfer of undertaking generally necessary
12. Sale of undertaking under power in Memorandum of
Association
13. Transfer of undertaking by exchange of shares
14. Stamp duty
15. Stamp duty?Remission of
16. Registration
MODEL OBJECT CLAUSES :
1. Dealing in Immovable Property … 1
2. Dealing with Mines and Minerals … 1
3. Repairs and Construction of Ships … 2
4. Repairs and Construction of Ships [Alternative Form] … 3
5. Dealing with Railways and Steamships … 4
6. Establishment of Professional and Vocational School … 5
7. Business of Builders and Contractors … 6
8. Engineering and Manufacturing business … 6
9. Business of automobile manufacturers … 7
10. Establishment of Motor Garage and Servicing
Centres … 8
11. Manufacturers and Suppliers of gas for lighting,
heating etc. … 8
12. Dealers in Timber … 8
13. Dealers in household furnishers and their mainte-
nance … 9
14. Manufacturers of Instruments and Apparatus … 9
Chapters Page number of CD
68. Company and Corporation?Contd.
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Chapters Page number of CD
68. Company and Corporation?Contd.
MODEL OBJECT CLAUSES?Contd.
15. Establishment of traders? association … 10
16. Farming business … 10
17. Business in Office Services … 11
18. Business in renting and maintenance of telephone
services … 12
19. Business consultants, and sales promotion … 12
20. Providing for office premises and secure office per-
sonnel for the principals … 12
21. To carry on business as advertising agents … 13
22. To carry on business as travel agents … 13
23. Dealing in patents and inventions … 14
24. Business of Printers and Publishers … 14
25. Working as agents and producers of pictures and
publishers of books … 15
26. To carry on business in mining and timber … 15
27. To carry on business in foreign trade … 16
28. To carry on airlines business … 17
29. To carry on business as carriers … 17
30. To carry on business as carriers … 18
31. To carry on General Insurance business … 18
32. To carry on Accident Insurance Business … 20
33. To carry on Fire Insurance business … 20
34. To carry on Life Insurance business … 21
35. To carry on Marine Insurance business … 21
36. To carry on underwriting business … 22
37. To carry on business an Insurance Agents … 22
38. To carry on business as Insurance Consultants … 23
39. To carry on business is amusement and entertain-
ments performances … 23
40. Entertainment and Amusemnt performances … 24
41. To carry on Restaurants and Hotel business … 26
42. To carry on business in Road transport … 26
43. To carry on business as Hairdressers … 27
44. To carry on business of hotel and restaurant
[Another Form] … 27
45. Manufacturing Chemists … 28
46. To work as refiners of Petroleum products … 28
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Chapters Page number of CD
68. Company and Corporation?Contd.
MODEL OBJECT CLAUSES?Contd.
47. Manufacturers of plastic products … 29
48. Business of Seed Crushers and Oil mill … 29
49. Paper and fabric manufacturers … 30
50. Manufacturers of Cosmetic products … 30
51. Owners of Cinema and Theatre Halls … 31
52. To work as film distributors and film producers … 31
53. Formation of Finance Companies … 32
54. To carry on banking business … 34
55. To carry on Investment Company … 35
56. To carry on business in shares and securities … 36
57. To carry on business as Management Consultants … 36
58. To carry on business in Hire-Purchase Finance … 37
59. Formation of Club … 37
60. To carry on business is Theatrical and Musical
performances … 38
61. To carry on business as Circus Owner … 39
62. To carry on business of hiring Television and Radio … 40
63. To carry on business as Television programme con-
tractors … 40
FORMS :
1. Agreement between Two Companies one divesting
its Industrial Products Division to the Other Company … 41
2. Lease of all or nearly all corporate property not in
usual course of business together with sale of all raw
materials, stock-in-trade and work-in-progress … 47
3. Contract of Sale of all corporate property not in usual
course of business … 51
4. Deed Poll by way of Declaration of Sale of All Cor-
porate Personal Property … 51
5. Agreement for Sale between two Companies of all
corporate assets for shares … 52
6. Guarantee for repayment of Debts of Corporation by
Shareholders … 54
7. Licence Agreement between Corporations … 55
8. Model by-laws for small profit company … 56
9. Minutes of Annual Meeting of Stockholders … 60
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Chapters Page number of CD
68. Company and Corporation?Contd.
FORMS?Contd.
10. Minutes of the First Meeting of Shareholders of a
Limited Company … 60
11. Minutes of the Annual General Meeting of Share-
holders of a Limited Company … 61
12. Ratification of the Minutes of Meeting by Shareholder … 62
13. Appointment of General Proxy … 63
14. Agreement for formation of a Company between two
persons, one making use of his invention and the
other providing the requisite funds to exploit the
invention … 63
15. Agreement between two persons for formation of a
new company with usual covenants for investments
etc. … 67
16. Agreement between three persons to form a Company
for the purpose of acquisition of land and develop-
ment of a project of block of flats … 70
17. Agreement between to Companies to undertake a
joint venture by forming a new Company for manu-
facturing and marketing of a new product … 73
18. Agreement for formation of a new company by way
of amalgamation of two existing companies and sale
of the amalgamated undertakings to the new com-
pany?necessary provisions for payment to dissen-
tient shareholders … 80
19. Sale of part of the business of a company to a newly
formed wholly-owned subsidiary company … 85
20. Transfer of immovable property by a company in
voluntary liquidation in favour of a shareholder in
satisfaction in specie of his interest in the company … 87
21. Transfer of assets including immovable property of
a company in voluntary liquidation in favour of two
shareholders holding the entire shares, in satisfac-
tion in specific of their interest in the company, the pro-
perty being subject to legal charge … 90
22. Agreement for sale by liquidator of the assets of a
company in liquidation in consideration of payment
of composition to creditors subject to sanction of the
court or the committee of inspection … 92
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Chapters Page number of CD
68. Company and Corporation?Contd.
FORMS?Contd.
23. Agreement between shareholders of a company
and a purchasing company for acquisitions of shares,
with provision for assistance for procuring other
shareholders to consent to sell of their shares … 94
24. Agreement for sale of shares of a company with
provision for conversion of existing ordinary shares
and issue of bonus shares … 96
25. Agreement for sale of the entire share-capital of a
company to another company … 99
26. Agreement for sale of whole issued and allotted
share capital of a private limited company … 101
27. Agreement between two shareholders to purchase
the shareholdings of the other upon his death to
make provisions for the widow of the deceased
shareholder … 103
28. Agreement for sale of business and assets of a
closed company is the form of sale of whole or the
issued share capital of the company to a new
company … 105
29. Agreement between the liquidator of a company (in
liquidation), a new company and the creditor to
discharge the debts … 108
30. Agreement between underwriter and a company
under reconstruction for formation of a new com-
pany with provision for adoption of the drafts of special
resolution, memorandum and articles fo association
and reconstruction agreement … 109
31. Agreement between two amalgamating companies
and a new company for sale of the business and
assets of the amalgamating companies to the new
company … 111
32. Agreement adopting amalgamation by new company
incorporating modifications in principal agreement … 113
33. Agreement confirming title of allottees to shares of
a new company formed by way of reconstruction … 115
34. Agreement for reconstruction of an existing company
by way of sale to a new company … 116
35. Agreement between several companies and firms for
the purpose of formation of a new company … 119
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Chapters Page number of CD
69. Clubs and Societies
1. Clubs ? kinds of
2. Management of club
3. Incorporation of club
4. Registration as a society under the Societies Regis-
tration Act
5. Club rules
6. Investment clubs or co-operative credit society
FORMS :
1. Hong Kong Hockey Association Women?s Section?
By-laws … 1
2. Tennis Club Constitution of the Golfing Society … 2
3. Golf Society Rules … 23
4. By-laws of Indian Crown Green Bowling Association … 27
5. Wandsworth Swimming Club … 39
6. By-laws of the Shooting Club … 43
7. Middle Town Radio Control Society Club?By-laws … 44
8. Flying Club Rules … 45
9. Silent Knights Soaring Society … 46
10. Sun Lakes Model Airplane Club ? By-laws … 47
11. Model By-laws for a Lawn Tennis Club … 54
12. Model Rules and Regulations for an Athletic Club … 59
13. Model By-laws for a Social Service Organisation … 62
14. Model By-laws and Regulations for a Golf Club … 66
15. Model By-laws for a sports and travel club … 72
16. Model Rules & By-laws for a Social and Recreation
Club … 80
17. Clearing Agents? Association … 87
18. By-laws of the Bank Employees?  Co-operative Credit
Bank Ltd. … 90
70. Shipping Documents
1. Scope of this chapter
2. Statutory guidelines
3. Chartering of Vessels and Port Operation in India
4. Inland Waterways and coastal Shipping
5. Port Capacity
6. Port Operation
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7. Port Infrastructure for Handling Fertilizers
8. Discharge Operations
9. Shipping Trade
(a) Liner Trade
(b) Tramp Trade
10. Chartering
11. Chartering Mode
12. Charter Party Agreement
13. Vessel Details
14. Type of Vessels
15. Chartering Agents/Brokers
16. Fixture Note
17. Freight
18. Particulars of Cargo
19. Deviations
20. Loading and Discharging Ports
21. Laydays Commencement and Cancelling
22. Laytime Provisions
23. Notice of Readiness
24. Statement of Facts
25. Demurrage
26. Despatch
27. Calculation of Demurrage/Despatch
28. Exceptions and Protective Clauses
29. Bills of Lading
30. Arbitration
31. Procedures for Ship Chartering
32. Procedure for computerized processing of Shipping
Bills under the Indian Customs EDI system (ICES)-
Exports-at CFS, MULUND [notified vide Public
Notice No. 59/2004 dated 09.09.2004 by office of the
Commissioner of Customs, Mumbai]
33. Certain terms explained:
(1) Bottomry bonds
(2) Respondentia bonds
(3) Bill of lading
Chapters
70. Shipping Documents?Contd.CONVEYANCING, DRAFTING & DEEDS
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Chapters Page number of CD
70. Shipping Documents?Contd.
33. Certain terms explained?Contd.
(4) Charterparty Agreements
(5) General average and particular average clause
in Insurance
(6) Salvage
(7) Towage
34. Stamp duty
FORMS :
1. Charter Agreement of Boat … 1
2. Yacht Charter Agreement … 5
3. Application and Guarantee for Issue of Letter of
Credit … 7
4. Agreement between a shipowner and a broker for
sale of the vessel and its equipment … 11
5. Booking terms and conditions for boat … 13
6. Sample Form: Export Offer … 16
7. Sample Form : Certification of Origin … 17
8. Notice of readiness to charters to load Cargo … 18
9. Acknowledgement of Notice of readiness by the
Charters … 18
10. Specimen form of Delivery Order for Cargo … 18
11. Booking Note for chartering a vessel … 18
12. Guarantee by the charterers to shipowners for due
fulfilment of a charterparty agreement … 19
13. Agreement between shipowners and technical per-
sonnel as to the latter?s appointment to the services
of the shipowners … 19
14. Charterparty Agreement for Demise Charter … 22
15. Charterparty agreement for the carriage of oil car-
goes … 27
16. Standard form of Non-Negotiable Receipt … 30
17. Lloyd?s Average Bond … 31
18. Bottomry Bond … 33
19. Lloyds general average guarantee to the shipowner … 34
20. General Bill of Lading for Home Trade … 35
21. Standard form of Bill of Lading … 36
File Name : V8-Ch70.pdfCONVEYANCING, DRAFTING & DEEDS
38
Chapters Page number of CD
70. Shipping Documents?Contd.
FORMS?Contd.
22. Conditions and limitations of the liability of the Port
Trust Authority in respect of the consignments handled
by them … 37
23. Salvage agreement between owner of the vessel
and the Contractor to salve the vessel and her cargo and
to take them to the desired destination … 40
24. Standard Towage conditions for towing ships … 46
25. Standard clause for lighterage … 47
MARITIME GLOSSARY … 48
71. Notices
1. Notice?meaning of
2. Object of notice
3. Notice?construction of
4. Notice?kinds of
(1) Statutory notice
(2)  Mandatory notice
(3) Directory notice
(4) Contractual notice
(5) Public notice
(6) Private notice
5. Notices?requirements of
6. Notices?who can give
6.1. Notice by Advocate
6.2. Notice by Agent?Constituted Attorney
6.3. Notice by Karta of H.U.F .
6.4. Notice by Company or Corporation
6.5. Notice by registered Partnership firm
6.6. Notice by persons incompetent to contract
7. Notices?on whom to be served
7.1. Notice to agent
7.2. Notice to Advocate?Solicitor of the party
7.3. Notice to a body corporate
7.4. Notice to registered firm
7.5. Notice to unregistered society
7.6. Notice to partner of a registered firm
File Name : V8-Ch70.pdfCONVEYANCING, DRAFTING & DEEDS
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7.7. Notice to Hindu undivided family
7.8. Notice to legally disabled persons
7.9. Notice to Government
8. Forms of notices
9. Service of notice
10. Provisions as to Notices in various Statutes
11. Stamp duty & Registration
FORMS :
1. Notice of Revocation of Power-of-Attorney … 1
2. Notice of Revocation of Guarantee … 1
3. Notice of Demand on Guarantor … 2
4. Notice of Auction of Collateral Security … 2
5. Notice of Private Sale of Collateral Security … 2
6. Notice to Bank to stop payment on cheque … 3
7. Notice of Dishonoured Cheque … 3
8. Notice of Default on Promissory Note … 4
9. Notice of Demand to Endorsers … 4
10. Notice of Credit Limit … 5
11. Notice of Overdue Account … 5
12. Notice of Reclamation of Goods upon Insolvency … 6
13. Notice of C.O.D. Terms … 6
14. Notice of claim of Defective Goods … 6
15. Notice of Rejection of Goods … 7
16. Notice of rejection of Non-conforming Goods … 8
17. Notice to cancel Entire Order … 8
18. Notice to cancel Shipment of Back-ordered Goods … 8
19. Notice of withheld delivery … 9
20. Notice of refusal to accept delivery … 9
21. Notice of return of Goods sold on approval … 10
22. Notice to stop Goods in Transit … 10
23. Notice to elect to accept Damaged Goods … 11
24. Claim of Lien by Sub-contractor … 11
25. Final Notice before Legal Action … 12
26. Notice by landlord to tenant before proceedings
for re-entry … 12
Chapters Page number of CD
71. Notices?Contd.
7. Notices?on whom to be served?contd.
File Name : V8-Ch71.pdfCONVEYANCING, DRAFTING & DEEDS
40
27. Notice to tenant by landlord or his agent to repair
where lease contains covenant to repair on notice … 13
28. Notice by tenant or landlord to determine lease in
accordance with proviso in that behalf … 13
29. Notice by landlord to determine tenancy-at-will … 14
30. Notice to quit by tenant or his agent :  yearly, quarterly
or monthly tenancy … 14
31. Notice of increase of rent on account of increased
rates … 14
32. Notice of increase of rent on account of improve-
ments … 15
33. Notice by landlord to tenant calling upon to carry out
repair and pay compensation as per terms of the
lease … 15
34. Notice of assignment of demised premises by the
assignee and requiring payment of future rent to
assignee … 16
35. Notice of assignment of lessor?s residual right in the
demised premises by the solicitor or agent of lessor
requiring payment of rent to assignee … 16
36. Notice to landlord by tenant of election to make
renewal of lease … 16
37. Application by tenant to landlord for licence to assign
or underlet … 17
38. Notice from tenant to landlord that he has assigned
term … 17
39. Notice by landlord to tenant of election to exercise
option to purchase fixtures removable by tenant … 18
40. Notice by tenant to landlord of intention to remove
fixtures in accordance with proviso contained in
lease … 18
41. Demand of possession … 19
42. Notice determining tenancy for fixed term determin-
able by notice after death of tenant … 19
43. Notice by landlord of objection to improvements pro-
posed by tenant … 19
44. Notice by landlord of consent to proposed improve-
ments … 20
Chapters Page number of CD
71. Notices?Contd.
FORMS?Contd. File Name : V8-Ch71.pdfCONVEYANCING, DRAFTING & DEEDS
41
Chapters Page number of CD
71. Notices?Contd.
FORMS?Contd.
45. Notice by landlord of consent to proposed improve-
ments subject to modifications … 20
46. Notice by landlord offering to execute improvements
himself in consideration of inc