Category: Legal

Rights And Duties Of Partners

November 29, 2023 toahostinger No Comments

Rights And Duties Of Partners The basic aim of this research article is to understand the rights and duties of partners in a partnership business and to know the laws through which they are governed and related statutes as well. Now it becomes crucial to first understand the concept of partnership to understand the obligations and rights of a partner. [A partnership is a relationship between the persons who have agreed to share the profits and losses of a business carried on by all the partners or any of them acting for all]1. Introduction : A partnership is one of how business can be carried out where two or more persons join together to create and run the partnership business. The persons who have entered into a partnership with one another are called individually ‘partners’ and collectively a ‘firm’. The law relating to partnership in India is contained in the Indian partnership act, 1932 which is concerned partly with the rights and duties of partners between themselves and partly. A partnership company usually has an agreement that includes each partner’s duties and rights however, in the absence of a contract there are laws that the partners need to follow to be legally correct. Another fundamental of a partnership is that partners’ relationships with one another must be in the utmost good faith. Section 4, Indian Partnership Act, 1932 Background : The Indian Partnership Act 1932 was passed by the legislation and received its assent on 8th April 1932 and came into force on 1st October 1932. The principles of the partnership were first contained in chapter 11 (sections 239 to 266) of the Indian Contract Act, of 1872. With the development of the economy, trade, and commerce in India it was felt that these sections were not sufficient and hence a need for a separate partnership act was felt. Thus, the Indian Partnership Act came up and sections under the Indian Contract Act containing partnership laws were repealed. the present partnership act is based on the English Partnership Act, 1890 with required modifications. Besides the Indian Partnership Act 1932 partnership laws in India are also governed by the Limited Liability Partnership Act,2008 which is concerned with limited liability partnerships. In an LLP the partners have limited liability. There is no overlapping between the provisions of these two statutes. The Limited Liability Act allows Indian businesses to combine professional expertise with new ideas and entrepreneurial initiatives and renders support for them to operate efficiently and innovatively. An LLP allows its members to undertake limited liabilities while structuring their company as a partnership. Rights and duties of partners : Partners can determine their mutual rights and duties by a contract called a partnership deed which deals with aspects of general administration such as, which partner will do what work, and what will be their share in profits, it may be made or varied by express or implied consent of all the partners. section 11 provides that subject to the provisions of the Indian Partnership Act, partners can use this agreement to prohibit each other from carrying on any business other than that of the firm. Now let us look at the duties and rights of partners as per this Act – Duties of partners : Duty to act honestly and render true accounts (section 9) – partners are bound to carry on the business of the firm to the greatest mutual profits and to be true and faithful to each other. The partners must try to ensure that the business makes the most revenue possible. partners also must render true accounts and full information of all things which may affect the firm, to any partner or his heir or legal representative. Duty to indemnify for the loss caused by fraud (section 10) – if a partner’s action leads to a loss to the company’s performance, then they must reimburse their partners for that loss. Duty to be diligent ( section 12 b) – A partner is required by section 12 (b) to fulfill their responsibilities diligently. according to section 13(f), a person must hold the company harmless for any damages resulting from his wilful negligence. Proper use of the partnership firm’s property ( section 15) – Subject to the contract between the partners the property of the firm shall be held and used by the partners exclusively for the business. Duty not to compete (section 16) – If a partner derives any profits for himself from any transaction of the form or the use of the property or business connection of the firm or the firm name, he shall account for that profit and pay to the firm. Rights of the partners: Right to participate in the operation of the business (section 12 a ) – As a partnership firm is a corporation of the partners and their management abilities are typically coextensive, all the partners of a partnership business have the right to participate in the business conducted by the company. Right to consult ( section 12 c ) – When a disagreement of any kind emerges between partners in a company over commercial matters it will be settled by the majority opinion of the partners. Before a decision is taken every partner in the organization is entitled to voice their opinion, however, changes to the company’s business activities cannot be made without the approval of all the partners. Right to access the books (section 12) The partner has the authority to examine and if necessary, obtain a copy of the books of accounts however this right must only be appropriately used. Right to claim remuneration, profits, and interest on capital (section 13 a to 13 d) – A partner is not entitled to receive remuneration for taking part in the conduct of the business. A partner making, for business, any payment or advance beyond the amount of capital he has agreed to subscribe, is entitled to interest thereon at the rate of 6% per annum. Right to be indemnified (section 13…

Legal

Literal Rule of Interpretation of Statutes

November 10, 2023 toahostinger No Comments

Literal Rule of Interpretation of Statutes The knowledge of exact interpretation is based on the capability to study what is conveyed in plain language, reread the lines, scan ‘through’ the provision, catechize the intent of the Legislature, and vociferate against case laws and other aids to interpretation. This article concentrates on the guidelines to be kept in mind while applying it and the critique of this rule has been discussed in this article. Introduction The Latin term ‘interpretation’, out of which the term ‘interpretation’ is concluded, indicates conveying or simplifying especially the real significance of something. It is an imitation by which the court seeks to discover the true definition of the statute and decide the purpose of the legislature i.e. correct understanding of the law. The functions of Judges in interpreting statutes are twofold. First as per the exact meaning of what the legislature has said (express). Second is what the legislature intended to have said (intending). Interpretation is the main feature of a court and some elements that have been developed out of the continual activity by the court are known as rules of interpretation. These rules out ambiguity. When the words of statutes are unclosed to more than one interpretation, then the court will have to choose the purpose of the legislature which is used in approving a statute portraying the true purpose of the legislature and these elements are Literal Rule, Golden Rule, and Mischief Rule. Need for Interpretation of a Statute The purpose of the interpretation of statutes is to settle down the purpose of the legislature communicated specifically or implicitly in the language used. Interpretation is as old as language. Detailed interpretation regulations were improved even at a very primal stage of the Hindu society and culture. The significance of escaping literal interpretation was also exhausted in varied ancient textbooks-“Merely following the texts of the law, opinions are not to be untainted, for, if such decisions are deficient in equity, a gross failure of Dharma is caused.”[1] We can say, that the interpretation of statutes is needed for two basic reasons i.e. to realize: Legislative language- • Legislative language may be complex for a layman, and hence may need interpretation, and Legislative Intent- The intention of legislature or Legislative intent equates to two aspects: The concept of ‘meaning’, i.e. what the word means; and The concept of ‘purpose’ and ‘object’ or the ‘reason’ or ‘spirit’ penetrates through the statute. The statute must be read as a whole in the context The statute must be construed to make it effective and workable The process of construction combines both the literal and purposive approaches. The purposive construction rule highlights that you should shift from literal construction when it leads to absurdity. Literal Rule of Interpretation This rule is also known as the grammatical rule of interpretation or the plain meaning rule. This rule states that the words used in the legal text are to be explained or understood in their natural or simple or dictionary meaning. • This rule is considered to be the most important and safest rule of interpretation. It is the first rule applied by the judges. It is only applied if the language or words of the legal statute are crystal clear and there is no confusion. The law has to be considered as it is and judges cannot go beyond ‘litera legis’ i.e. letter of law. The words of the statute are to be understood in their natural, ordinary, and popular sense. Rules to be followed in Literal Rule of Interpretation Ejusdem Generis The term “ejusdem generis” means “of the same kind”. According to this rule, if several enumerations belonging to the same genus are used in a provision, the meaning of the general word following them gets restricted to that genus only. If the law refers to cars, trucks, tractors, bikes, and other motor-powered vehicles, then it shall only include roadways and no other mode of transport. Regina v. Edmundson[2] In this case, Campbell set out the principle of interpretation known as ‘ ejusdem generis’. This rule provides that if there is a series of some particular words then the word following that series must be about that series. This helps judges to restrict the wide ambit of the general expression. Thus the requirements for the application of ejusdem generis are there must be the enumeration of specific words, the general term must follow a specific term, there must be no different intention of the legislature to the general term, the series of enumerations should constitute class or category and the category should not be exhausted. Evans v. Cross[3] In this case, the court had applied the ejusdem generis rule. Section 48(9) of the Road Traffic Act, of 1930 was in question. The definition of “traffic signals” under Section 48(9) of the Road Traffic Act, of 1930 includes all signals, warning signposts, signs, or other devices. Casus Omissus The term “casus omissus” means cases of omission. That means omission in a statute cannot be supplied by construction. The court can interpret the law but cannot legislate. S.P.Gupta v. President of India[4] In this case, the court held that when the language of a statute is clear and unambiguous there is no room for application of the doctrine of casus omissus. Jacob Mathew v. State of Punjab In this case, Section 304-A IPC was construed by applying casus omissus. This section provides that whoever causes the death of any person by doing any rash/negligent act not amounting to culpable homicide shall be punished with imprisonment of a maximum of 2 years or a fine or both. Here, the court supplied the word “gross” for rash and negligent acts. And the court said that there is no omission, it is just to make legislative intent much more clear. R v. Inhabitants of Sedgley In this case, the Poor Relief Act 1601 levied taxes on ‘lands, houses and coal mines’. There was an issue of whether the taxes could be levied on owners of…

Legal, Uncategorized

Mental Health

August 15, 2023 toahostinger No Comments

There is a good possibility that someone who is emotionally well will also be physically healthy. Just like with physical health, mental health needs to be taken care of. Mental health includes both mental sickness and mental well-being. It has an equal impact on all age groups — old, young, and children—as well as all socioeconomic statuses—low and high—in the areas of education, the economy, and society. Introduction of Mental Health Additionally, it causes serious illnesses like OCD, PTSD, disorders that result in mental illness, schizophrenia, psychological problems, and internal trauma. Major mood swings, loneliness, mugging up, insomnia, either sleeping a lot or having disturbed sleep cycles, changes in behaviour patterns, body aches, distance from family and friends and people they are close to, or thinking too much in which thoughts are leading to self-harm or suicidal thoughts are some of the symptoms we should look out for when they occur. Notable features People who experience these symptoms ought to treat themselves with kindness, respect, and value. Without considering the opinions of others, they should pursue their interests in dancing, singing, writing, travelling, gardening, and learning new things. Many individuals prevent themselves from engaging in their passions, which contributes to mental illness. They should surround themselves with people who are beneficial to their mental health and avoid toxic and negative people. They should avoid doing things they don’t want to do and focus on doing things that make them happy. Both medication and meditation should be used to promote mindfulness, well-being, and a quiet mind. Mental health laws are as vital as other laws; in fact, these laws are incredibly significant and play a massive influence on people’s lives. This also signifies societal obligation and welfare. Many human rights Organisations advocate for the protection of people suffering from mental illnesses. According to Article 1 of the Universal Declaration of Human Rights, which states that “all people are free and equal in rights and dignity,” “people with mental disabilities are protected by human rights law by virtue of their basic humanity.” Laws relating In India, there exist laws governing mental health Programmes, such as the establishment of a Central or State Mental Health Authority to regulate and supervise psychiatric hospitals or nursing homes and to advise the Central or State Governments on Mental Health Topics. The Mental Health Act, 1987; the Protection of Human Rights Act, 1993; the Persons with Disability Act, 1995; the National Trust Act, 1999; the Protection of Women from Domestic Violence Act, 2005; and the Protection of Children from Sexual Offences Act, 2012. Conclusion A person can be cured of mental disease and live happily and quietly in society with the assistance of them all; treatment, medications, meditation, supporting laws, and personal analysis of ailment, spirit to fight with it and win it. One must be aware that a good mind leads to a good life, and this includes excellent mental health. Written by Purnima Sharma

Legal

The Trial of The Chicago 7 | Through a Legal Lens

June 20, 2023 toahostinger No Comments

Introduction There are civil trials as well as criminal trials but in The Trial of the Chicago 7, viewers are shown that political trials are also a possibility. Aaron Sorkin’s film is based on a trial from 1969 and uses transcripts along with the flashbacks of political instability in Chicago in the summer of 1968. the film dramatizes President Nixon’s Justice Department’s controversial, prosecution of eight individuals convicted of criminal conspiracy and crossing state borders to incite a riot. The trial stretched on for over five months, sometimes devolving into turmoil and political spectacle, highlighting the growing rifts in a society torn apart by the Vietnam War, dramatic cultural shifts, and Nixon administration attempts to repress nonviolent anti-war dissent and protest. Daily headlines reflected the courtroom drama and histrionics. Protesters outside the courthouse chanted the iconic statement “The whole world is watching!” every day. Facts of The Trial of The Chicago 7 The fact that the trial of Chicago 7 was a political trial was quite evident by the approach of Judge Julius Hoffman who ruled over the proceedings in the case with a harsh rigidity contrasted by periods of forgetfulness. On the surface, it seemed as though Judge Hoffman had a pro-government bias, as shown by transcripts from the courtroom. Constricting or weakening the defence was Hoffman’s continual task. After a flood of criticism from the legal community led Hoffman to rescind the warrants, he was obliged to drop the charges against the four defence lawyers he issued on the first day of the trial. On trial, he refused to allow the jury to examine many pieces of evidence, including a paper in which Tom Hayden stated that the movement in Chicago should be nonviolent. Admonished lawyer William Kunstler for leaning on the podium, he walked out of court. His pronunciation of Leonard Weinglass’ name was a constant source of confusion, with him often mispronouncing his name as “Feinglass,” “Weinruss,” or “whatever your name is.” Charges In addition to this Seale was charged with conspiracy to instigate riots even though he was only in Chicago for a short time. Prosecutors used panthers in the case to their advantage, argues Sorkin. He was frequently denied the opportunity to speak in court by the judge and when he complained that his constitutional rights were being infringed upon, Hoffman lectured and chastised him.[1] As a matter of fact, the US attorney was hoping to intimidate the jury by bringing in a black as the defendant. One day in court, Seale yells, “I was thrown in to make the group look scarier,” Furthermore, In one of the most startling courtroom moments in American history. As a result of his refusal to comply with Judge Julius Hoffman’s contempt citations, Bobby Seale was gagged and chained to his chair on October 29, 1969. It was inferred that Seale’s ranting and shouting made Hoffman’s defence seem reasonable. Hoffman said, “I can’t blame him for raising his voice,”[2] if Richard Schultz was telling the truth. The imprisonment of Seale also illustrates how racially biased American courts were throughout the 1960s. a juror who was carrying a copy of James Baldwin’s “On the Road” was removed from the trial. Thus, it can be inferred from various such instances that law and politics are intrinsically connected. When all these instances were taking place, the supporters of the Chicago 7 filled the courtroom and were more than willing to provide their own opinions. [3] There is a lot of incredibility in the court records, such as when the judge refused to let Bobby Seale’s birthday cake into the courtroom. Trial This trial was unlike any other trial Hoffman has presided over because of the level of attachment shown in the courtroom, which elicited a resounding, “RIGHT ON!” from onlookers. During the reading of the verdicts in the courtroom, a spectator blurted out, “They will dance on your grave, Julie, and the graves of the pig empire.” the support shown by the public made the trial more political as well as historical significant. ⇒ Human Trafficking in India the narrative is an excellent example of irony, initially portraying itself as a heated argument until eventually confessing its distracted look before concluding an acknowledgment of its preoccupied attention. rather than bringing us closer to the larger message, the story’s intrigue just takes us farther away from that message. To be a movie and an indictment of one’s voice at the same time is a hard task. Sorkin on the other hand has a heart of gold. Since the insurrection is simply a precursor to the story and the destiny of a rebel is the storyline, a mawkish finale is acceptable. In contrast, justice has a fatal weapon and a tarnished trigger for truth. we may infer that Sorkin does not entirely reject his contemporaries’ conventions; parts of the documentary and testimonial are faithfully replicated. Conclusion: as shown in the film, real-life sentencing statements featured this shot from Rennie Davis to Judge Hoffman: “You represent all that is old, ugly, bigoted, and repressive in this country, and I will tell you that the spirit of this defence table will devour your sickness in the next generation.” Sorkin’s choice to exclude the most important lines in the transcript is puzzling. If there’s one thing to take away from this, it’s that you can’t improvise the historic facts. Reference :- [1] Professor Douglas O. Linder, The Chicago Eight Conspiracy Trial: An Account, Famous Trials, https://famoustrials.com/chicago8/1366-home [2] Aaron Sorkin, The Trial of Chicago 7, https://deadline.com/wp-content/uploads/2020/12/The-Trial-of-the-Chicago-7-Script.pdf [3] The Chicago Eight Trial: Excerpts from the Trial Transcript, http://law2.umkc.edu/faculty/projects/ftrials/Chicago7/Chi7_trial.html Written by Mehak Uppal

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Category: Legal

Rights And Duties Of Partners

Literal Rule of Interpretation of Statutes

Mental Health

The Trial of The Chicago 7 | Through a Legal Lens

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