Decriminalisation of compoundable company law offences

Introduction Company law lays the basis of commercial guidelines by managing entry of corporate beings into the marketplace, regulating their procedures, carrying out accountability to their shareholders and passing corporate governance rules. There was a noteworthy change in the Indian corporate governance context in the previous few years. The Companies Act 2013, and numerous reforms... Continue Reading →

Calls on Shares of Same Class to be made on Uniform Basis

Section 49: Calls on shares of same class to be made on uniform basis. Any requests for additional share capital made in relation to a class of shares must be made uniformly with respect to all shares included in that class. For the purposes of this section, shares with the same nominal value but differing... Continue Reading →

Procedure of Alteration of Memorandum and Article of Association

When a company is incorporated, one of the documents that must be filed with the registrar of companies is the memorandum of association. The definition of a memorandum in Section 2(56) is "the memorandum of association of a company as initially formulated or as revised from time to time pursuant to any previous company law... Continue Reading →

Power of Limited companies to alter its share capital

Introduction Section 61 of Companies Act, 2013, has laid down the power of limited company to alter its share capital. Section 61 came into existence on 1st April 2014 excluding the proviso of sub-section 1 and the proviso was implemented on 1st June 2016. Limited company refers to a company in which the liability of members of that... Continue Reading →

APPLICATION OF EJUSDEM GENERIS

Introduction :  Statutes Interpretation  and rules related to the interpretation “The essence of law lies in the spirit, not in its letter, for the letter is significant only as being the external manifestation of the intention that underlies it” – Salmond  Parliament creates laws and thereafter these laws are interpreted by Judges by applying the... Continue Reading →

ABOILITION OF TITLES

Article 17 of the  Indian Constitution ARTICLE 17  : Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offense punishable in accordance with the law. Explanation:  There is no explanation regarding Untouchability neither in Constitution nor in the Act, as to... Continue Reading →

1976 Abolition of Untouchability

Abstract: Right to equality is a part of Rule of law and it has legal force of article 17 of the Constitution abolishes the practice of untouchability. The practice of untouchability would be considered an offense and anyone practicing so would be subject to punishment as provided in law. The Untouchability Offences Act of 1955... Continue Reading →

Right to Property : Pre and Post 42nd Amendment

By CS Shirish Bhootra 2022-08-11 ; 11:00 p.m. RIGHT TO PROPERTY: PRIOR AND POST 42ND AMENDMENT The development of a nation has a positive correlation with administrative actions, judicial determination, and the laws framed by the legislature. As all these have the force of the Constitution of the country. The Constitution plays a supportive role... Continue Reading →

Basics to Contract Drafting and Contract Review

The foundation for every legal relationship between two or more parties is established on a basis of a contract. A contract is a document containing a set of terms and clauses framed by the individuals, companies and/or other legal entities that specifically dictates the relationship between such individuals in the future. Once the contract is... Continue Reading →

Latest Emerging Areas of Practice in Law

As a final year law student there are two areas of law that always fascinates me: Merger and Acquisitions (M&A)Technology Law  The first step to establishing a career in this complex yet fascinating law would be to learn about it as much as you can. So that I always used to read about these two... Continue Reading →

fundamental rights

Fundamental rights are mentioned under Part III of The Constitution of India. Fundamental rights are the basic rights that are given to every citizen of the country. Like many other concepts and ideas of our times, the concept of fundamental rights also developed in the west. Fundamental rights were inspired from the Bill of Rights... Continue Reading →

Concept of Interim Order

Interim order means the order passed by the court during the pendency of the suit, to prevent any harm done to the interest of the parties to a suit and to protect the status of the subject matter of the suit from any damage. For example, there is dispute as to ownership of a property... Continue Reading →

INTERPRETATION AND IMPLEMENTATION OF FOREST ACT, 1980 BY THE SUPREME COURT

The Supreme Court has interpreted and enforced the provisions of Forest Conservation Act 1980 strictly in T.N.Godavarman Thirumalpad v. Union of India5 . The Court issued sweeping directives to enforce the FCA6 . All wood based industries were closed and an embargo was imposed on the exploitation of forest and forest product. The Court also... Continue Reading →

Challenges Faced by Businesses in Implementing GST:-

The Goods and Service Tax (GST) system or the revolutionary tax system after a decade of intense debate came to fruition and existence two years ago. GST was introduced to the country to reduce the tax burden on producers and foster growth through more production. Though the tax structure has tried to solve major issues... Continue Reading →

Women Empowerment

Indian culture gives women the utmost respect. Many of our gods are female and they have been worshipped as a deity by many faithful people. The goddess of wealth is Laxmi, the goddess of power and strength is Durga and the goddess of wisdom is Saraswati. Women are the epitome of wealth and power. Women... Continue Reading →

Article 19 of The Constitution Of India

Freedom of Speech and Expression: Article 19 of the Constitution provides freedom of speech which is the right to express one's opinion freely without any fear through oral/written/electronic/broadcasting/press. Protection of certain rights regarding freedom of speech etc: 1. All citizens shall have the right a) To freedom of speech and expression; b) To assemble peaceably... Continue Reading →

Stages of Crime

There are four stages of crime. When an illegal act is committed by a person voluntarily it is done through four stages. Together these four stages are punishable under IPC. The four stages of crime are: 1. Intention The intention is the first stage of any offense and is known as the mental or psycho stage. In... Continue Reading →

Different KINDS OF PARTNERSHIP

Introduction Partnership is a form of business organization wherein two or more persons join together in order to carry out business. A partnership can be considered as an improvement of “sole proprietorship” wherein a single person carries out his business with his individual resources, skills and efforts.  The major disadvantage of being a sole proprietor... Continue Reading →

The difference between Patrilocal and Matrilocal family

In human society, family (from Latin: familia) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). The purpose of families is to maintain the well-being of its members and of society. Ideally, families would offer predictability, structure, and safety as members mature and participate in the community. In most societies, it is within families that children... Continue Reading →

RIGHT TO INFORMATION (RTI) ACT,2005

Right to Information (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information. It replaced the former Freedom of Information Act, 2002. Under the provisions of RTI Act, any citizen of India may request information from a "public authority" (a body of Government or "instrumentality of State") which... Continue Reading →

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