National Green Tribunal: An overview

Environment is an important factor and should be safeguarded; it is the duty of the state to protect the forest and wildlife of our country. The increase in the number of industries and the poisonous effluents emitted by them led to the degradation of the environment. In 2010, the government took action and enacted The... Continue Reading →

TRADE SECRET PROTECTION IN INDIA- AN INSIGHT

Organizations typically amass and utilize inventive just as imaginative thoughts that are obscure to their rivals and competitors to acquire an edge over and keep up the uniqueness of their product or services that they provide. A plethora of worldwide organizations like Google’ secret search algorithm, Apple IOS features, Coca Cola secret recipe, Domino’s secret... Continue Reading →

MARINE INSURANCE AND ITS PRINCIPLES

Marine insurance covers the loss or destruction of ships, containers, ports and any transportation or freight between the point of origin and the final destination from which the property is moved, obtained or retained. The object of a protection contract is to put the guarantee after a misfortune in a similar relative monetary situation where... Continue Reading →

FUNDAMENTAL RIGHTS UNDER INDIAN CONSTITUTION

The Constitution of India is regarded as the lengthiest written constitution of any sovereign nation in the world. When the Constitution was first written, it consisted of 395 articles which were divided in 22 parts and 8 schedules. Currently, it has a preamble which guarantees India to be a sovereign, socialist, secular and democratic republic... Continue Reading →

Corporate Insolvency Settlement Process: Initiation and Steps

A recovery method for creditors is the Corporate Insolvency Settlement Process (herein after CIRP). After making an application submission, CIRP is initiated. CIRP is the mechanism by which it is decided whether or not the person who has defaulted is capable of repayment. If an entity is not able to repay the loan, the business... Continue Reading →

TO WHOM PUBLIC INTERNATION LAW APPLIES?

Subjects of international law are entities that have legal personality and are capable of exercising certain rights, privileges, and duties under the international legal system. Subjects of international law are entities that have legal personality and are considered necessary of the system and capable of enforcing claims. The subject of international law refers to the... Continue Reading →

OVERVIEW OF DIVIDEND POLICY

Dividend policy means policies related to the distribution of the dividend to the shareholders. The share of a company's after-tax earnings paid to its owners on the basis of the number of shares owned by them that is after payment of the taxes the surplus amount is distributed among the shareholders as per their shareholding... Continue Reading →

SOURCES OF FINANCE FOR A COMPANY

Companies are still looking for sources of capital to expand their businesses. Funding, sometimes referred to as lending, is an act of adding money to the funding of a policy, initiative or need. The various sources of financing available to a company that is also interested to go public are: Retained Earnings: After making income,... Continue Reading →

Regendering Equality – Nari Shakti becoming the Bharat Rashtra Shakti

Gender Discrimination– two words that scarcely typify hundreds of years of discrimination women have faced. Women in India have not always seen the brighter aspects of life, from being confined to the 4 walls of their house to being discouraged from raising their voice and facing a plethora of forms of discrimination in various domains... Continue Reading →

THE SAGA OF THE SEAT-VENUE VIA JUDICAL PROUNCEMENT

INTRODUCTION The establishment of an open market in India, there has arisen a demand for such a mechanism that can dispose of and adjudicate conflicts in a timely and effective manner. Since the introduction of the Arbitration process for resolving disputes in India in 1996, there has been a debate regarding the seat and venue... Continue Reading →

CHILD RIGHTS IN INDIA

In India, there are more than 5 lakh kids who are asking in the city. They are being constrained by their folks or by the dealers to bring in cash for them. This business is controlled by guardians just as dealers who push these kids for asking for their own advantages. The Indian National Human... Continue Reading →

NEGLIGENCE: A CIVIL WRONG

Negligence is a civil tort that occurs when a person breaches his duty of care given to another, causing that other person to incur some hardship or legal injury. Negligence can be defined in layman's terms as the failure to discharge or the failure to perform anything owing to reckless behavior. Negligence was defined in... Continue Reading →

RULE AGAINST ALIENABILITY AND EXCEPTIONS

The property is transferred from one person to other on some of the terms and conditions. These may vary depending on the case and circumstances. However, there are also some of the restraints attached to the sale or transfer of the property. According to section 10 of Transfer of Property Act, 1882, if the sale... Continue Reading →

THE SAGA OF MAXIMIZATION THE PROFIT OR THE WEALTH

Financial management is concerned with the optimal use of capital in such a way as to maximize the company's value plus profits. There is financial accounting anywhere funds are concerned. There are two main goals of financial management: maximizing profits and maximizing wealth. Profit Maximization: It is the ability of the company to produce full... Continue Reading →

CARTEL: AN OVERVIEW

Section 2 clause C of the competition act, 2000 defines a cartel as an association of producer, seller, distributor trader or service provider who buys agreement among themselves to limit control or attempt to control the production distribution and sale of price or trade-in goods or provision of service. It can be stated that the... Continue Reading →

CORPORATE VEIL: AN OVERVIEW

Introduction When a company is incorporated, it is known to be separate legal entity. This entity consists of its members, board of directors and other employees. The company incorporates various aspects such as transferable shares, capacity to sue etc. The other members such as shareholders are distinct in nature and the differentiation between the entity... Continue Reading →

PASSING OFF: THE REMEDY FOR UNREGISTERED TRADEMARK

The action for passing off is based on the concept of common law. In a passing-off action, the damages claimed are referred to as "un-liquidated damages." The concept of passing off is based on the premise that "a man may not sell his own belongings under the pretence that they are the property of another... Continue Reading →

DIRECTIVE PRINCIPLES OF STATE POLICY

Directive principles are enumerated in Part 4 of The Constitution They contain the guidelines or directives which have to be followed by the State while establishing and deciding laws and policies for the country. The three organs of the government- the executive, the judiciary and the legislature exercise their powers according to the directive principles.... Continue Reading →

SUMMARY PROCEDURE OF THE WINDING UP OF A COMPANY

The summary procedure of the winding up of a company is provided under Section 361 of the Companies Act 2013. The proceedings of the liquidation are carried out by an official liquidator which is appointed by the central government. This summary procedure provides the method for winding up other than winding up in a situation... Continue Reading →

Telemedicine: The Need for COVID 19

Introduction The constitution of India incorporates provisions guaranteeing everyone’s right to the highest attainable standard of physical and mental health making the right to health an integral part of the right to life. Due to this constitutional duty government of India has issued telemedicine practice guidelines on 25 March 2020. Telemedicine can be defined as... Continue Reading →

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