Parenting and Law
PROMOTERS IN COMPANY LAW (PART 2) A promoter has the foremost major role within the incorporation of a corporation from a mere business idea. They perform the subsequent functions to line it on a course of development. Promoters are generally the primary persons who conceive the thought of business. They perform the required investigation to... Continue Reading →
PROMOTERS IN COMPANY LAW(PART -1) Before 2013 there was no legal position related to promoters were defined in the Old Version of the Act of 1956. In the Old Act, the subscriber to the M.O.A was regarded as the promoters since they had subscribed to the company from its inception. CONCEPT ‘Promotion’ may be a... Continue Reading →
National Company Law Appellate Tribunal (NCLAT) was constituted under Section 410 of the businesses Act, 2013 for hearing appeals against the orders of National Company Law Tribunal(s) (NCLT). Hon'ble Acting Chairperson -Justice Bansi Lal Bhat CONSTITUTION As per Section 410 of Companies Act, 2013 ,the Central Government shall, by notification, constitute, an Appellate Tribunal to... Continue Reading →
National Company Law Tribunal NCLT was intended to be introduced within the Indian system in 2002 under the framework of Companies Act, 1956 however, thanks to the litigation with reference to the constitutional validity of NCLT which went for over 10 years, therefore, it had been notified under the businesses Act, 2013. It is a... Continue Reading →
DIRECTOR IDENTIFICATION NUMBER (DIN) • Director Identification Number (DIN) is a unique 8-digit number that is allotted by Central Government to the individuals who intend to become a director in a company or who already are directors of company. • DIN once allotted is valid for lifetime of a director until cancelled, surrendered or deactivated.... Continue Reading →
Governance is an act of managing a corporate entity. Corporate Governance has a broad scope and includes social and institutional aspect. It is more than company administration. It is fair, efficient and transparent functioning of corporate management system. A code of conduct which the board of directors may abide by while running the corporate enterprise.... Continue Reading →
WINDING UP IN COMPANY LAW (PART 2) Company Liquidator: Appointment: The tribunal shall also appoint a provisional liquidator or a company liquidator at the time of passing an order for winding up of the company. This liquidator shall be appointed by a panel maintained by the Central Government consisting of the names of chartered accountants,... Continue Reading →
At some point of your time thanks to several reasons one has got to close his business which stage is understood as completing of a corporation . It is the last stage of company during which its existence for past several years is dissolved and everyone its assets are wont to pay off the creditors,... Continue Reading →
Vacation of Office of Director (Sec 167) This section provides the reason in when the office of the director shall become vacate. The following are the reasons:- • He incurs any of the disqualifications specified in section 164; where he incurs disqualification under sub-section (2) of section 164, the office of the director shall become... Continue Reading →
Major judgements by the Supreme Court on police violence and custodial deaths. Case 1 Radul Shah Vs State of Bihar 1983 In this the petitioner was illegally kept in jail for 14 years. A writ of habeas corpus was filed demanding the immediately release of the person. This case is important because the supreme court... Continue Reading →
In our society whatever matter we totally avoid or ignore, slowly that matters start to get converted into acceptance and seems to be normal to us. For example Blockbuster movies like Dabangg, Sacred Games, Rowdy Rathore, Simba etc in all these movies the common concept was police brutality and torture. It has been observed that... Continue Reading →
Whole-time Director” has been defined to incorporate a director within the whole-time employment of the corporate . A whole-time director refers to a director who has been employed of the corporate on a fulltime basis and is additionally entitled to receive remuneration. A whole-time director is taken into account and recognised as a ‘key managerial... Continue Reading →
Chapter XI Section 149-172 of the Companies Act, 2013 deals with Appointment and Qualification of the directors of the company. Section 2(34) of the Act prescribed that “director” means a director appointed to the Board of a corporation . Section 2(10) of the businesses Act, 2013 defined that “Board of Directors” or “Board”, in reference... Continue Reading →
1. Voting Rights: Section 47, CA, 2013 provides that each equity shareholder of a corporation has the proper to vote on every resolution placed before the corporate . Equity shareholder’s voting right on a poll will be in proportion to his share in the paid-up equity share capital of a company. Every preference shareholder of... Continue Reading →
Section 2(84) of the Companies Act, 2013: “share” means a share in the share capital of a company and includes stock. It represents the interest of a shareholder within the company, measured for the needs of liability and dividend. It attaches various rights and liabilities. Important Definitions: The word "capital" means the precise amount of... Continue Reading →
Shelf Prospectus Provisions related to shelf-prospectus have been discussed under 31 of Companies Act, 2013. Issued by the public financial institutions, company, or bank. When a shelf prospectus is issued then the issuer doesn't get to issue a separate prospectus for every offering, he offers and sell without issuing an extra prospectus. The prospectus shall... Continue Reading →
In Company Law, prospectus plays a significant role, where it contains all the material information (General, Financial & Statutory) of the company i.e., prices and shares detail of the specific company, which helps the general public who wishes to shop for a share therein specific company. As the prospectus may be a legally mandated document... Continue Reading →
In this article we will discuss about section 377 which talks about the homosexuality in India so in order to understand this better we will talk about five case laws which deals with this matter. The landmark Case laws are as follows---- 1. Naz Foundation case 2009 This is the case of Naz foundation vs... Continue Reading →
In 21st century after the internet the next breakthrough was Bitcoin. When the Bitcoin was invented in 2008 its value was zero. Where as if we see today's value of Bitcoin is in lakhs. So in order to understand whether Bitcoins are safe or legal in India let us first understand about what is bitcoin?... Continue Reading →
ONE NATION ONE ELECTION From 1950 to 1951 India's first Lok Sabha election was conducted. This Lok Sabha election was done on the basis of provision of the constitution of India. During that time to main parties were the Indian National Congress and Communist Party of India. The leader of Indian National Congress at that... Continue Reading →
Aishwarya Sandeep 