26Oct 2018 by Reese Bannister

Importance of Humour in Business Communication

Comedy
Humour plays an important role in human life and, therefore, can play a significant role in communication. Humour used effectively can provide a winning edge in both personal and organizational communication. In everyday life, there are abundant opportunities to use humour with positive results.It is possible to make humour relevant to a business situation. Malcolm Kushner, America’s prominent humour consultant, who is considered to be a pioneer in the field of corporate humour consulting, believes that humour is a powerful management tool.It can gain attention, create rapport and make a message more memorable. It can also relieve tension, enhance relationships and motivate people if it is used with proper understanding. Image Source: carta.fiu.edu ADVERTISEMENTS: It can be used to influence corporate culture. Dr Robert Baron, an eminent psychologist, has concluded…
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26Oct 2018 by Reese Bannister

Difference between Legal and Equitable Set-off – Answered!

Essays
The difference between legal and equitable set-off may now be noted.1. In a legal set-off the amount claimed must be an ascertained sum of money, but in an equitable set-off the claim may be allowed even with respect to an unascertained sum of money.2. In a legal set-off the court is bound to entertain and adjudicate upon the plea when raised. In the case of an equitable set-off, however, it is not obligatory on the court to adjudicate upon it and the defendant cannot claim it as a matter of right. The court has the discretion to refuse to take notice of the equitable set-off if the investigation into the equitable claim is likely to result in delay. Image Source: kcdee.org ADVERTISEMENTS: 3. In a legal set-off it is not…
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26Oct 2018 by Reese Bannister

Difference Between Set-off and Counter-claim (India) – Answered!

Essays
Before noticing the difference between counter-claim and set-off we must understand the counter-claim itself. If the defendant in an action has a claim against the plaintiff, which he might have asserted by bringing a separate action he may raise it in the existing action as a counter-claim by adding to his statement of defence a statement of the fact on which he bases his claim, and of the relief which he claims against the plaintiff, either alone, or Jointly with others.In view of the amendments to the Code of Civil Procedure by Act No. 104 of 1976 a counter-claim is competent and the defendant, when he seeks to rely upon any ground as supporting a right of counter-claim, shall in his written statement, state specifically that he does so by…
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26Oct 2018 by Reese Bannister

What are the Important Elements of a Decree (India)

Essays
Definition: Section 2 (2) of the Code defines a decree as follows:“Decree” means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within Section 114, but shall not include—(a) Any adjudication from which an appeal lies as an appeal from an order, or Image Source: img09.deviantart.net ADVERTISEMENTS: (b) Any order of dismissal for default. Explanation: A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such…
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26Oct 2018 by Reese Bannister

What do You Mean by “Appealable Orders”? (India)

Essays
Every order, which is not a decree, is not appealable. Only those orders which are specified in Section 104 and Order 43, rule 1, are appealable. They are as under:Section 101: An appeal shall lie from the following orders and from no other orders:(a) An order under Section 35-1, i.e., in a case where compensatory costs in a respect of false or vexatious claims or defense have been awarded; Image Source: yourvalleynews.co ADVERTISEMENTS: (b) An order under Section 91 or Section 92 refusing leave to institute a suit of the nature referred to in Section 91 or Section 92, as the case may be;(c) An order under Section 95, i.e., in a case where compensation for obtaining arrest, attachment or injunction on insufficient ground has been awarded.(d) An order under…
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26Oct 2018 by Reese Bannister

8 Important Things You Must Include In Your Letter of Resignation

Essays
A letter of resignation conveys the employee’s inability to continue serving the organization where he/she is employed. The employee may be resigning for any reason such as getting a better job, or pursuing higher studies, or reasons of relocation or personal reasons.In doing so, the employee has to duly inform the organization by writing a resignation letter. Leaving without intimation is undesirable as it amounts to abandonment of service.If the organization decides to discontinue or terminate the services of an employee, it does so by due intimation in writing. So also, the employee has to inform in writing his/her intention to resign. Image Source: file3.answcdn.com ADVERTISEMENTS: A letter of resignation should cover the following:i. Inform the departmental head/HR manager that you have decided to resign and would be putting in…
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26Oct 2018 by Reese Bannister

What do you mean by “Mesne Profits, Code of Civil Procedure, India?

Law
The right to possession is a sacred right guaranteed to all law-abiding citizens. When a person is deprived of his possession he is not only entitled to recover possession but also damages for wrongful possession by another.The Code defines mesne profits of property as those profits which the person in wrongful possession of such property actually received or might, with ordinary diligence, have received there from, together with interest thereon, but not profits resulting from Improvements made by the person in wrongful possession. [S. 2 (12)].Essence of claim for mesne profits.—Wrongful possession of the defendant is the very essence of claim for mesne profits. They are awarded to the plaintiff by way of compensation for the period that he was ousted from possession if his suit is decreed. Image Source:…
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26Oct 2018 by Reese Bannister

9 Different Types of Business Reports

Business
Reports are of various types. They could be big or small, individual or group, routine or special, formal or informal, interim or final. An illustrative list of various kinds of business reports is presented below:1. Routine reports such as monthly report, performance report, review report and press report2 Research reports, survey reports and special reports Image Source: mcgowansprint.com ADVERTISEMENTS: 3. Enquiry reports and Investigation reports4. Confidential reports5. Information reports and Analytical reports ADVERTISEMENTS: 6. Technical reports7. Directors’ reports8. Annual reports9. Committee reports ADVERTISEMENTS: Viewed from another angle, reports can also be classified/as either individual reports or group/committee reports or interim and final reports. While individual reports may be drafted or written by the person concerned, other reports submitted by study groups, working groups and committees are written with the help…
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26Oct 2018 by Reese Bannister

4 Important Stages involved in a Negotiation Process

Essays
Negotiation is widely recognized to be a four-step process. These are preparation, opening, bargaining and closing. 1. Preparation: The first stage in a negotiation process relates to planning and preparation. It is the stage where the parties decide what they want, what are their minimum expectations, how much they will yield and how they will go about the negotiations. Image Source: professional-translations.eu ADVERTISEMENTS: Each party will also try to visualize what the other party will be expecting from the negotiation. Preparations for the negotiations would consist of collecting relevant information, obtaining the required authority and outer limits, having intense discussions and collecting details of the previous negotiations on similar issues.As we have noted earlier, a well-informed and a well-prepared party enters the negotiation process with a high level of confidence.…
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26Oct 2018 by Reese Bannister

When A Plaint Is Returned To Be Presented To Another Court? (R. 10-A, Rule 10 Of Order 7, Civil Procedure Code, 1908)

Law
(a) Return of plaint: Subject to the provisions of R. 10-A, rule 10 of Order 7 provides for the return of a plaint in all cases where a court is unable to entertain it for want of jurisdiction—territorial, pecuniary or other causes. Image Source: qlook.bzIf the court is satisfied that it has no jurisdiction to entertain a suit, it is its duty to give effect to that on its own initiative. To quote rule 10 of Order 7—”The plaint shall, at any stage of the suit, be returned to be presented to the court in which the suit should have been instituted. ADVERTISEMENTS: A court of appeal or revision may direct, after setting aside the decree passed in a suit, the return of the plaint under this sub-rule. On returning…
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