Introduction A prospectus is a formal document that is required by and filed with the Securities and Exchange Commission (SEC) that provides details about an investment offering to the public. A prospectus is filed for offerings of stocks, bonds, and mutual funds. The prospectus can help investors make more informed investment decisions because it contains a host of relevant... Continue Reading →
JuriSDICTIOn of courts
INTRODUCTION Jurisdiction of court is simply power of court to settle the matter. The Indian Judiciary has invoked the ancient legal maxim ‘Ubi jus Ibi Remedium’, which means that where there is a right there is a remedy. The judicial forum must have jurisdiction to deal with the matter. Hence, the Jurisdiction commonly rests where... Continue Reading →
white collar crimes
White collor crimes are synonymous to government frauds and corporate frauds usually done by professionals. Corruption, fraud, and bribery are some of the most common white collar crimes in India as well as all over the world. India is a developing country and white collar crimes are becoming a major cause for its under development... Continue Reading →
Tort
Introduction Before learning about the various aspects of Law of Torts and reformations needed in India, it is expedient for us to understand what a ‘tort’ is. Tort is a wrong done to a person, but it is not a criminal wrong. Rather, it’s a branch of civil law tree. It is a civil wrong... Continue Reading →
Kinds of companies
Introduction According to Sec. 2 (20) of The Companies Act, 2013, a “company” means a company incorporated under The Companies Act, 2013 or under any previous company law. The Indian Companies Act, 2013 has replaced the Indian Companies Act, 1956. The Companies Act, 2013 makes the provisions to govern all listed and unlisted companies in the country.... Continue Reading →
Directors
Introduction Every company, whether a private company or a public company, whether a listed company or an unlisted company needs a board of directors. A company is a legal entity, meaning it is an artificial person separate from its members. Some of the relevant features of a company are that i) a company has an... Continue Reading →
Kinds of Partners
A partnership is an agreement between two or more persons who wish to share profits and losses for the partnership firm. However, in a partnership, all the partners do not participate in all the activities of the firm for profits and losses equally. There are various types of partnership in accordance with their extent of... Continue Reading →
ARBITRATION
Introduction Arbitration is the dispute settlement process between two agreeable parties to appoint an arbitrator to give a binding solution on the dispute. It is a way to settle disputes outside the courts thereby saving time and resources at the same time.Arbitration is a legal mechanism encouraging settlement of disputes between two or more parties... Continue Reading →
Money Laundering
Introduction What is Money Laundering? Money laundering is the illegal process of making large amounts of money generated by a criminal activity, such as drug trafficking or terrorist funding, appear to have come from a legitimate source. The money from the criminal activity is considered dirty, and the process "launders" it to make it look... Continue Reading →
Plaintiff
Most business litigation deals with civil law—that is, one party bringing a lawsuit against another party (a plaintiff bringing a suit against a defendant). A "party" in these cases can be an individual, a business, or an organization. Civil law has mostly to do with the failure of one party to do something or avoid doing something... Continue Reading →
MEDICAL NEGLIGENCE
INTRODUCTION Medical negligence is the failure of a medical practitioner to provide proper care and attention to the patients suffering from any kind of disease. In cases of medical negligence principle of res ipso loquitur can be applied. Res ipso loquitur means the principle that mere occurrence of some types of accident is sufficient to... Continue Reading →
Right to Information
Introduction The very existence of a democratic system depends upon equal rights for its people, freedom of speech, and a fair trial and tolerating the views of minorities. In the same way, the government represents the interests of its citizens, so it becomes essential that the government or its representatives freely express their ideologies before... Continue Reading →
Partnership & Kinds
What is a Partnership? A partnership is a form of business where two or more people share ownership, as well as the responsibility for managing the company and the income or losses the business generates. That income is paid to partners, who then claim it on their personal tax returns – the business is not... Continue Reading →
Income Tax – II
Heads of income Income is classified under 5 main heads under section 14 of the act Income from salaryIncome from house propertyIncome from capital gainsProfit and gains from business and professionOther sources of income Agricultural income Agricultural income is any rent or revenue by means of cash or in-kind, derived from a land, which is used... Continue Reading →
Sale of Goods
Introduction The contract of the sale of goods is governed by The Sale of Goods Act, 1930. The Act extends to the whole of India except the state of Jammu & Kashmir. Till 1930, all the transactions related to the sale of goods was regulated by The Indian Contract Act, 1872. In 1930, Sections 76-123... Continue Reading →
Law of Tort
Introduction Before learning about the various aspects of Law of Torts and reformations needed in India, it is expedient for us to understand what a ‘tort’ is. Tort is a wrong done to a person, but it is not a criminal wrong. Rather, it’s a branch of civil law tree. It is a civil wrong... Continue Reading →
Negotiable Instrument
What Is a Negotiable Instrument? A negotiable instrument is a signed document that promises a sum of payment to a specified person or the assignee. In other words, it is a formalized type of IOU: A transferable, signed document that promises to pay the bearer a sum of money at a future date or on-demand. The... Continue Reading →
Public Notice
What is a Public Notice? Public notices are an important part of the legal process, notifying citizens any ongoing or completed legal proceedings is often considered to be of high value. General public awareness about a legal proceeding is mostly achieved through putting out advertisements in the newspapers, radio or any public platform on the internet. While newspaper... Continue Reading →
Income Tax – I
Introduction Tax is the mandatory financial charge demand by the government on pay, product, administrations, exercises or exchange. Taxes are the fundamental modes of income for the government, which are used for the welfare of the general population of the nation through government strategies, arrangements, and practices. Need for Income Tax in India Income tax... Continue Reading →
Transfer of property
Introduction A transfer refers to a conversion of a thing from one person to another person. Property may be defined as anything physical or a virtual entity owned by an individual or a group of people. A property can be transferred from one person to another person by transferring rights, or interest, or ownership, or... Continue Reading →