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 →

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 →

     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 →

Who is Expert under Companies Act

Section 2 (38) "Exper" of Companies Act, 2013: Engineers, valuers, chartered accountants, company secretaries, cost accountants, and anybody else with the capacity to give a certificate in accordance with a current legislation are all considered "experts." If a person possesses in-depth knowledge in a certain subject or special abilities that are essential to a group's... 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 →

Inspection, Inquiry and Investion under Companies Act

Introduction Under chapter XIV, which covers sections 206 to 229 of the Companies Act 2013, the requirements relating to "inspection, inquiry, and investigation" have been incorporated. this clause falls under one of the following four categories:- Part A of the Companies Act 2013 deals with inspection and investigation (sections 206 to 209); The investigation is... Continue Reading →

   Power of Limited Companies to Alter Its Share Capital

Section 61 Limited companies' ability to change their share capital  (1) A limited company with a share capital may change its memorandum in its general meeting to—if permitted by its articles. (a) Raise the amount of its authorized share capital that it deems necessary; (b) Combine and divide all or a portion of its share... Continue Reading →

NOC for Transfer of Property from Legal Heirs

A no objection certificate or NOC is a very important document that establishes the legality of a particular transaction.  INTRODUCTION What is a No Objection Certificate? A No Objection Certificate (NOC) is a document granting consent for the purchase or construction of property to a person or a company. Applicants must get a No Objection... Continue Reading →

Can a Gift Deed be Challenged in India ?

What is a Gift Deed? A gift deed is a legal document that can be used to transfer immovable property in accordance with section 122 of the Transfer of Property Act, of 1882. A gift deed includes information about the property, the transferrer, and the recipient, similar to what a sale deed does. However, it permits... 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 →

OUTRAGING THE MODESTY OF A WOMEN

The number of sexual offences committed against women has rapidly risen in recent years. Offenses against women are becoming more and more prevalent. Women have suffered both physical and mental pain as a result of this, which has cost their lives. Outraging the Modesty of a Woman is one such crime committed against women that... Continue Reading →

WHAT IS DEFAMATION

According to the law, defamation is the act of harming another's reputation by a false publication (communication to a third party) that has the potential to bring them into disrepute. The concept is elusive, and only human creativity can create all the different variations. Defamation is an English legal invention, but similar concepts have existed... Continue Reading →

WHAT IS BIGAMY

INTRODUCTION In India, separate personal laws govern marriages for various communities. These private laws cover a range of family characteristics. Marriage has been described as a pure sacrament, especially in our Indian culture, a connection that unites two lives until the end of their lives, in contrast to other nations where getting married is a... Continue Reading →

RIGHT AGAINST EXPLOITATION: (ARTICLE 23 AND 24)

OVERVIEW : Right against Exploitation (Articles 23 & 24) - The Right against Exploitation is provided under  Articles 23 and 24 of the Indian Constitution.  It is one among various important fundamental rights that assures that every citizen is protected from forced labour whether it be of any kind or nature. Articles 23 and 24... Continue Reading →

UNITARY AND FEDERAL FORM OF GOVERNMENT

INTRODUCTION Absolute monarchies were the first states to form in Europe during the early modern era. The king held most of the authority in these hierarchical or organic governments. However, as their economies changed, culminating in the industrial revolution, so did political beliefs about how people should be governed. In the second part of the... Continue Reading →

Biography of Justice A.D.Dave

Born On- 19th of November, 1951 (Gangtok, Sikkim, India) Education- Bachelor of Commerce (B. Com)Master of Law (LLM)Chartered Accountant (CA) In Office- Judge of Gujarat High Court (18th of September, 1995- 06th of January, 2008)Chief Justice High Court of Judicature at Hyderabad (07th of January, 2008- 10th of February, 2010)Chief Justice of Bombay High Court... Continue Reading →

Biography of Justice Bhuvaneshwar Prasad Singh

Born On- 01st of February, 1989 Education-   Bachelors of Arts (BA)Masters of Arts (MA)Bachelors of Law (BL)Doctorate of Law (LLD) In Office- Vakil, Patna High Court (1922-1927)Lecturer of Government Law College, Patna (1926-1935)Advocate (1927-1935)Member of the Senate of the Faculty of Law and Board of Examiners of Law, Patna University (1932-1951)Government Pleader (1935-1939)Assistant Government... Continue Reading →

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