Promoters in a Company 2

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 a Company – 1

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

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 →

Adjudicatory Body

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 →

Development in Company Law

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 →

Corporate Governance

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 a company 2

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 →

Winding up a Company -1

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 →

Directors – Company Law – 3

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 →

Custodial Violence in India – 2

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 →

Custodial Violence in India

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 →

Company Directors – Part 2

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 →

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