Introduction The Memorandum and Articles of Association of a company are the most important documents for the formation of a company and for its functioning thereafter. The MOA contains the name, situation of registered office, objects, capital and liability clauses. The AOA are its bye-laws or rules and regulations that govern (directs) the management and... Continue Reading →
ARTICLES OF ASSOCIATION
INTRODUCTION The Companies Act, 2013 defines ‘articles’ as the “articles of association of a company originally framed, or as altered from time to time in pursuance of any previous company laws or of the present.” The Articles of Association of a company are that which prescribe the rules, regulations and the bye-laws for the internal... Continue Reading →
DOCTRINE OF ELECTION
This article will talk about the Doctrine of Election as laid down in Section 35 of the Transfer of Property Act (TOPA). Election means a choice between two alternative or conflicting rights. Granting two rights in such a way that one is higher than the other, you can choose either of them. Through an instrument,... Continue Reading →
Administrative Law
Nature and Definition: Nature and Definition of administrative Law Administrative Law is, in fact, the body of those which rules regulate and control the administration. Administrative Law is that branch of law that is concerned with the composition of power, duties, rights and liabilities of the various organs of the Government that are engaged in... Continue Reading →
THEORY OF SEPARATION OF POWER
INTRODUCTION: The concept of separation of powers refers to a system of government in which the powers are divided among multiple branches of the government, each branch controlling different facet of government. In most of the democratic countries, it is accepted that the three branches are the legislature, the executive and the judiciary. According to... Continue Reading →
Damnum Sine Injuria & Injuria Sine Damnum
The literal meaning of the maxim, Damnum Sine Injuria, is loss or damage in terms of money, property, or any physical loss that occurs without the infringement of any legal right. It is not actionable in law even if the act was intentional and done with the intent of causing harm to someone else but... Continue Reading →
Simple and Grievous Hurt
Simple Hurt Section 319 of the Indian Penal Code defines the offence of hurt. Causing Hurt is basically causing bodily pain, disease or infirmity to any person. It covers only physical pain and not mental pain. By infirmity, it means that the one or more of the organs is unable to carry out the normal... Continue Reading →
Wrongful Restraint & Wrongful Confinement
Wrongful Restraint According to Section 339 of the Indian Penal Code “Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.” Illustration: Chitra is walking on a public road on which she has... Continue Reading →
AFFRAY (Section 159)
The word “affray” means a tussle or fighting between two or more persons, and there must be a stroke hit or offered, or a weapon drawn. An affray is committed in a public place and strives the terror in the mind of the people. Section 159 of the Indian Penal Code provides that ‘Affray’ is... Continue Reading →
Custodial Violence & Custodial Death
The term custodial violence has not been defined under any law. It is a combination of two word custody and violence. The word ‘custody’ implies guardianship and protective care. Even when applied to indicate arrest or imprisonment, it does not carry any evil symptoms during custody. In a law dictionary the word ‘custody’; has been... Continue Reading →
Article 51A – FUNDAMENTAL DUTIES & 86th Amendment Act, 2002
Our country India has the lengthiest written constitution in the world. In this, the rights of every person are kept in mind. However, the three organs of the State cannot make this country self-reliant until they get the proper support from the citizens as well. So there are certain fundamental duties which are expected from... Continue Reading →
Writ of Habeas Corpus
Habeas corpus is the Latin term which means ‘you must have the body’. It is the order issued by the court to present the detenu before the court and to check whether the arrest was lawful or not. A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental... Continue Reading →
The Narcotic Drugs and Psychotropic Substances (Amendment) Ordinance, 2021
Decriminalisation has the potential to reduce the burden on police and the criminal justice system. It also removes the negative consequences (including stigma) associated with criminal convictions for drug use Narendra Modi-led central government is likely to list a Bill to decriminalise addiction to drugs. The proposed amendment is expected to amend the Narcotic Drugs... Continue Reading →
Difference between FIR & Complaint
Crime is a wrong against the society at large. It creates an alarming situation in the society. Therefore, any person can come up with a complaint or an information before the concerned authority. The motive of both the things is to attract the attention of the authorities and to punish the offender. Informing of a... Continue Reading →
Criminal Elopement
Section 498: Enticing or taking away or detaining with criminal intent a married woman Section 498 IPC as stated under the code reads as, “Whoever takes or entices away any woman who is and whom he knows or has reasons to believe to be the wife of any other man, from that man, or from... Continue Reading →
BIGAMY
Section 494 in the Indian Penal Code Marrying again during lifetime of husband or wife.—Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a... Continue Reading →
Dacoity
Section 391 in the Indian Penal Code When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or... Continue Reading →
Murder and Culpable Homicide
MURDER AS PER SECTION 300 OF THE INDIAN PENAL CODE The term "Murder" traces its origin form the Germanic word "morth" which means secret killing. Murder means when one person is killed by another person or a group of persons who have a pre-determined intention to end life of the former. The act is committed... Continue Reading →
Criminal Breach of Trust
Section 405 of the Indian Penal Code, 1860 defines as under: ‘Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which... Continue Reading →
Defamation on Social Media (Cyber Defamation)
“Walk away from gossip and verbal defamation. Speak only the good you know of other people and encourage others to do the same.” Steve Maraboli Social media is a computer-based technology that facilitates the sharing of ideas, thoughts, and information through the building of virtual networks and communities. ... Users engage with social media via... Continue Reading →