23Sep 2018 by admin

Contracts not Specifically Enforceable – Section 14 | Specific Relief Act

Management
Section 14 of the Specific Relief Act, 1963 Provides that: 1. Admissibility of: The scope of Section 92 proviso (6) of the Evidence Act, 1872, is laid down as under: “If the terms of document are clear and unambiguous extrinsic evidence is inadmissible in a case otherwise proviso (6) could be involved which permits extrinsic evidence. The case of Abdulla Ahmed v. Animendra Kissen, I960 SCR 30 at p. 46, which say that the conduct of parties to the agreement determines the true effect of the contract and to determine the true effect extrinsic evidence is permissible in case the true meaning to be extracted is doubtful.” Image Source: shopevident.com 2. Applicability of: ADVERTISEMENTS: The Court may enforce specific performance where the suit is for the enforcement of a contract…
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23Sep 2018 by admin

Discretion of Court as to Declaration of Status or Right – Section 34 | Specific Relief Act

Management
Section 34 of the Specific Relief Act, 1963 Provides that: 1. Absolute owner: Once the mortgagee is claiming to be an absolute owner of the property his/her status as mortgagee comes to an end and his/her possession becomes adverse to the original owner. Even if such sale is voidable (and not void), it will not alter legal position and adverse title of the original mortgagee continues and if the period of twelve years expires, he/she becomes owner of the property by adverse possession. Image Source: liveanswering.net 2. Adverse possession—Legality of: ADVERTISEMENTS: Once a person gets possession of property as mortgagee, he cannot by a unilateral act or declaration claim a title over the property by adverse possession against the mortgagor since in law his possession is that of the mortgagor.…
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23Sep 2018 by admin

Essay on the Arguments about Corporate Social Responsibility

Management
Just as there are some who overemphasize the importance of corporate social responsibility, there are others who criticize the concept and propose that any acts of social responsibility which would drain the profits of the corporation would be outside the realm of legitimate business functions and would defy the very purpose of the existence and objectives of the corporations. Image Source: advanceprm.comThese critics view the economic and social objectives as contradictory to each other and as separate ends of a continuum. Arguments for CSR: The proponents of corporate social responsibility have put forth arguments supporting the concept. Some of the reasons cited in favour of CSR are summarized as follows: ADVERTISEMENTS: i. Business is unavoidably involved in social issues:Managers are first and foremost citizens, in the same way as the…
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23Sep 2018 by admin

Essay on the Leadership Grid (727 Words)

Business
Another behavioural approach to studying leadership was developed by Robert Blake and Jane Mouton. Originally called the “Managerial Grid”, the “Leadership Grid” is widely recognized typology of leadership styles. In general, behavioural scientists have separated the two primary concerns in organizations, namely, the concern for production and concern for people. Image Source: donnafishter.comThey believed that a high concern for production necessarily meant low concern for people, and high consideration for workers meant tolerance for low production. However, the leadership grid model emphasized that both concerns should be integrated to achieve the objectives of the organization. It assumes that people and production factors are complementary to each other, rather than mutually exclusive. ADVERTISEMENTS: According to Rao and Narayana, the concern for production is not limited to things only, and concern for…
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23Sep 2018 by admin

Perpetual Injunction when Granted – Section 38 | Specific Relief Act

Management
Section 38 of the Specific Relief Act, 1963 Provides that: 1. Action for ejectment: Between a wrongdoer and the prior possessor prior possession of the plaintiff in an action for ejectment is sufficient title against all but the true owner and the wrongdoer cannot successfully resist the suit by showing that the title and right to possession are in a third person. Image Source: thenews-chronicle.com 2. Coparcenary property—Injunction: ADVERTISEMENTS: On aspects of alienation of coparcenary property the Supreme Court laid down that:“It is true that a coparcener takes by birth an interest in the ances­tral property,, but he is not entitled to separate possession of the coparcenary estate. His rights are not independent of the control of the Karta. It would be for the Karta to consider the actual pressure…
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23Sep 2018 by admin

Injunction when Refused – Section 41 | Specific Relief Act

Management
Section 41 of the Specific Relief Act, 1963 Provides that: 1. Alternative remedy: An injunction, which is a discretionary equitable relief, cannot be granted when an equally efficacious relief is obtain­able in any other usual mode or proceeding except in cases of breach of trust. Image Source: thestudentlawyer.com ADVERTISEMENTS: This consideration also has a bearing upon the question whether a prima facie case exists for the grant of an interim injunction. 2. Court immediately below—Meaning of: The expression “Court im­mediately below” occurring in Article 133 (1) of the Constitution does not mean “Court subordinate”. 3. Equitable principle: Mow access to Court in search of justice ac­cording to law is the right of a person who complains of infringement of his legally protected interest and a fortiori therefore, no other Court…
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23Sep 2018 by admin

Recovery of Specific Movable Property – Section 7 | Specific Relief Act

Business
Section 7 of the Specific Relief Act, 1963 Provides that: 1. Agreement: Under the agreement being of a limited duration the decree in the present form could not have been passed in favour of plain­tiff. Whatever rights he had come to end with the expiry of the period men­tioned by the agreement. Image Source: 1-ps.googleusercontent.com 2. Application for amendment—Propriety of: ADVERTISEMENTS: In the instant case, the suit was filed for specific performance and the direction to the defendant- appellant to purchase the goods and for the rendition of accounts on the ground that as per the contract the order of purchase was not placed and the same have been purchased from the other party.During the pendency of the suit, the period of contract was expired and in the written statement…
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23Sep 2018 by admin

Essay on Problem Pointers (862 Words)

Accounting
Essay on Problem Pointers (862 Words)!First of all, how do we determine that there is a problem? Even if we know that there is a problem, how do we determine the extent and the seriousness of the problem? According to Miller and Starr, there are certain characteristics that are attributes of problems. One of the major characteristics of the problem is the existence of deviation between what was expected under a given set of conditions and what actually happened. Image Source: johnlatham.me ADVERTISEMENTS: Before solutions can be found, the problems must be thoroughly and correctly diagnosed and the decisions concerning solutions to the problems must deal with underlying factors rather then surface symptoms.For example, a doctor prescribing a medicine for a headache as a symptom without looking into the root…
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23Sep 2018 by admin

Read this Essay on “Strategic Planning” (413 Words)

Management
Read this Essay on “Strategic Planning” (413 Words)!Strategic planning, as defined in Chapter 6, is the process of planning as to how to achieve the organizational goals with the available resources and is undertaken by the central management of the organization. Strategic planning is necessary and important for the following reasons: Image Source: brandadventure.co.uk ADVERTISEMENTS: First, there are a large number of external variables whose values do not remain constant that affect the operations of the organization. These variables include changing international environment, political and governmental policies and forces, economic trends, social dynamism and so on. Strategic plans must have provisions to cope with these changing situations.Second, all natural resources are becoming scarce. The management must decide on how to compete for these resources and how to allocate and utilize…
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23Sep 2018 by admin

Series of conceptual techniques to assist top management – Essay

Management
Series of conceptual techniques to assist top management!During the 1960s and 1970s a number of management consulting companies developed a series of conceptual techniques to assist top management of diversified corporations to evaluate each of the corporation’s various businesses with respect to the market place and internal resources and thus better manage their portfolio of businesses. Image Source: coe.alasu.edu ADVERTISEMENTS: When all business units have been evaluated, an appropriate strategic role for each unit is developed and each role is integrated into an overall strategic policy for the entire organization.One of the best known examples of the portfolio strategy is the “portfolia frame work” or BCG Matrix, advocated by Boston Consulting Group. This matrix compares various businesses in an organization’s portfolio on the basis of relative market share and market…
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