Jurisdiction of Civil Courts in Company Law Matters

Introduction Civil courts have the authority to try every suit which is of civil nature excluding those suits the cognizance of which is either impliedly or expressly barred. The Code of Civil Procedure, 1908 guides the working of the Civil Courts in India. Civil courts have jurisdiction in the  matters of company law but then... Continue Reading →

Companies (Winding up) rules, 2020 and its impact on NCLAT

Introduction Any company’s dissolution is the ending step of its life. Company’s dissolution is the procedure by which the corporation is finished, or in other words the method by which company’s presence ends and it is lastly dissolved. A company may be wound up either by a National Company Law Tribunal or by voluntarily termination,... Continue Reading →

ATTEMPT TO COMMIT CULPABLE HOMICIDE

Any act that is carried out with the intent or knowledge to cause death and under conditions that would result in culpable homicide rather than murder. He will be punished with either type of imprisonment for a term that can last up to three years, a fine, or both. If the act injures someone, he... Continue Reading →

WHO IS AN INTERESTED DIRECTOR?

Due to the fact that the directors of a business are its representatives and are obligated to behave in good faith, the Companies Act of 2013 established stringent rules including Section 184 to guard against the abuse of authority by the directors. In order to prevent a director from voting or participating in discussions regarding... 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 →

     Shelf Prospectus

Any document that is referred to or distributed as a prospectus falls under the definition of prospectus. Any notification, circular, advertisement, or other material that serves as an invitation to offers from the general public is also included in this. Any securities of a corporate body should be the subject of such an invitation to... Continue Reading →

Companies (Winding up) Rules, 2020 and its Impact on NCLAT

 Companies (Winding Up) Rules, 2020 (the "Rules") have been made public by the Ministry of Corporate Affairs (the "MCA") in a notification dated January 24, 2020. The Corporations Act of 2013's "Summary Procedure for Liquidation u/s 361" and "Winding Up for the Circumstances u/s 271" both apply to companies entering these processes. The Rules will... Continue Reading →

EFFECT OF MEMORANDUM OF ASSOCIATION AND ARTICLES OF ASSOCIATION

INTRODUCTION Every entrepreneur looks forward to the first step in starting a business, which is giving it a legal identity by registering a company. Companies are governed by legal documents that spell out the dos and don'ts. The Memorandum of Association (MOA) and Articles of Association (AOA), also known as the company charter, define the... Continue Reading →

TRUST OWNED PROPERTY

TRUST PROPERTY: Trust property refers to the asset or assets that the grantor or settler (the trust creator) transfers into the trust for the purpose of providing benefits to the beneficiary or beneficiaries (an individual, group of individuals or public) during his or her lifetime or on his or his death (the grantor’s death). Trust... Continue Reading →

BUYING A PROPERTY THROUGH GENERAL POWER OF ATTORNEY

POWER OF ATTORNEY (POA): The concept of Power of Attorney has been discussed under two statutes of India which includes The Powers of Attorney Act, 1882, and The Indian Stamp Act, 1899. The Power of Attorney has been defined as the instrument which empowers a specified person to act on behalf of the person executing... Continue Reading →

MORTGAGE BY DEPOSIT OF TITLE DEED

A mortgage by deposit of title deed or an equitable mortgage of immovable property is a widely used methodology of creating security against a loan availed from banks and other financial institutions in India. But, it is easily open to fraud. This is because of the reason that it is created merely by the deposit... Continue Reading →

HOW TO CONVERT AGRICULTURAL LAND INTO NON-AGRICULTURAL LAND

Agricultural land is commonly defined as the part of the area of land that is under permanent pastures, crops or arable, and so forth. The law prohibits building houses, factories, industries, etc. on the agricultural land irrespective of the ownership of the property. Any construction on the agricultural land is allowed to take place only... Continue Reading →

ENGLISH MORTGAGE

The English Mortgage is defined in Transfer of Property Act, 1882 under Section 58(e). The Sub – Section (e) of Section 58 states that, “Where the mortgagor binds himself to repay the mortgage – money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but it is subjected to a proviso... Continue Reading →

Right to Constitutional Remedies – A Fundamental Right

Part III of the Indian Constitution guarantees fundamental rights to the citizens. All those fundamental rights that make one's life worth living are ensured by these rights. Fundamental rights are very essential for the entire development of individuals and the country. The declaration of fundamental rights would be meaningless unless there is effective machinery for... Continue Reading →

FUNDAMENTAL RIGHTS :JUSTIFICATION AND NECESSITY

Introduction : Fundamental rights though known as basic human rights then also governed by the Constitution in India and considered special rights for the people.  Rights being cohesive, the citizens can comprehend the importance of all the members of the society, co-operate and adjust themselves accordingly, thereby maintaining cordial relationships among each other. These rights... Continue Reading →

DEFINITION OF STATE -OTHER AUTHORITIES :

 Bottom of Form‘State’ under Article 12 of the Constitution of India INTRODUCTION : Fundamental rights are said to be  a group of rights that are provided  to all the citizens  by the  Indian Constitution under Part III.  Applicability of these rights is universal in nature regardless  of their race, birth place , religion, caste, or... Continue Reading →

ROLE OF INTELLECTUAL PROPERTY RIGHTS IN MEDIA AND ENTERTAINMENT INDUSTRY

MEANING OF INTELLECTUAL PROPERTY Intellectual property rights are an exclusive right given to the creator over the use of his/her creation. Intellectual property rights are associated with intangible assets owned by a person or company and protected against use without consent. Intellectual property can consist of Patents, Industrial design, Logos, Trademarks, Business or trade names,... Continue Reading →

FUNDAMENTAL RIGHTS :

INTRODUCTION : Fundamental rights are considered  to be the most important part of the Constitution of India.  Their origination is from France’s Declaration of Bill of Rights of Man, England’s Bill of Rights, the Development of the Irish Constitution, as well as, the United States of America’s Bill of Rights. Initially, Constitution provides for seven... Continue Reading →

PREAMBLE -IMPORTANCE AND AMENABILITY

  Introduction : The Preamble is a statement, comprising the aims and objectives of the constitution. So it can be said that the preamble to the Indian constitution highlights about motive contained in the body of the Constitution. The Preamble, in short, highlights the objectives of the Constitution in two ways: first about the governance structure and... Continue Reading →

SALIENT FEATURES OF 51ST AMENDMENT OF INDIAN CONSTITUTION

The  соnstitutiоn  (fifty-first  аmendment)  асt,  1984 Stаtement  оf  оbjeсts  аnd  reаsоns  аррended  tо  the  соnstitutiоn  (fifty-third  аmendment)  bill,  1984  (bill  nо.  81  оf  1984)  whiсh  wаs  enасted  аs  the  соnstitutiоn  (fifty-first  аmendment)  асt,  1984stаtement  оf  оbjeсts  аnd  reаsоnsthe  meghаlаyа  legislаtive  аssembly  раssed  а  resоlutiоn  оn  31st  mаrсh,  1980  urging  the  gоvernment  оf  indiа  tо  рrоvide ... Continue Reading →

Create a website or blog at WordPress.com

Up ↑

%d bloggers like this: