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 →

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 →

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 →

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 →

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 →

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 →

CRIMINAL LIABILITY -STRICT LIABILITY 

Strict obligation crimes are those in which the respondent is held obligated for a criminal offense he committed, even in case mens rea is missing. In spite of the fact that the litigant did not expect any hurt by his activities and was totally unconscious that he was committing an illicit act, the convention of strict obligation holds him obligated for the criminal offenses committed. Because of the regard for due handle within the United States, the tremendous majority of strict obligation wrongdoings are less genuine offenses. Most cases of strict obligation are minor infractions and misdemeanors, not about as genuine as felonies, but still justifying overwhelming fines and up... Continue Reading →

ATTEMPT TO COMMIT OFFENCES

►Definition of attempt. An attempt is an intentional preparatory action which fails in the object, which so fails through circumstances independent of the person who seeks its accomplishment. Attempt begins when preparation ends. It is interesting to note that it is nowhere defined in IPC but provides its punishment under section 511 of IPC. ►why... Continue Reading →

Sexual harassment of women in the workplace

As more and more women began to enter the workforce in an emerging Indian economy, the malady of sexual harassment began to manifest itself in a variety of fields.  From the police and the army to multinational corporations and sports, it is regrettable that no field of human endeavor has been left unaffected by this tragedy.  A legislative solution that could protect the rights of these working women was urgently required.  As has been the case with many laws, it was judicial activism that brought this one to the attention of the public for the first time.      What Do you Understand by Sexual Harassment in the workplace?    The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act of 2013 was passed to combat sexual harassment of women at work.  It defined sexual harassment, outlined the procedures for filing a complaint and conducting an investigation, as well as the actions that would be taken.     It widened the scope of the Vishaka guidelines, which had already been established. The Supreme Court of India issued a judgment in 1997 that established the Vishaka guidelines. This was in the context... Continue Reading →

BIOGRAPHY OF CHIEF JUSTICE RAGHUNANDAN SWARUP PATHAK

Raghunandan Swarup Pathak renowned as a meticulous Judge, he inspired Loyalty in those who work for and alongside him. The breadth and depth of his legal knowledge was allied to a modest humanity that enabled him to understand the people who came before him as effectively as he grasped the application of relevant law. Raghunandan... Continue Reading →

INTOXICATION AS A DEFENCE UNDER INDIAN PENAL CODE,1860

Introduction Intoxication is a state of mind  in which a person’s becomes mentally and physically disable due to the consumption of alcohol or a narcotic substance because of that a person become unable to understand the nature and circumstances of his act .The Indian Penal Code, 1860 in Section 85 and Section 86 has the provisions relating to acts... Continue Reading →

BIOGRAPHY OF CHIEF JUSTICE P.N. BHAGWATI

Judges should be of stern, stuff and tough fire , unbending before power, economic or political, and they must uphold the core principle of law which says, be you ever so high, the law is above you.”-   Justice P.N. Bhagwati The complete boldness of Justice P.N. Bhagwati’s vision, philosophical, rationale and futuristic imprints of judicial... Continue Reading →

BIOGRAPHY OF CHIEF JUSTICE Y.V. CHANDRACHUD

It is not an easy job…my biggest achievement is that I am leaving an undivided court for my successor - Y.V Chandrachud “On my first day to court, my father introduced me to Justice Chandrachud who was then a public prosecutor. My father had said that this young man will be the Chief Justice Of... Continue Reading →

Who is a Person?

Definition The term 'person' stems from the Latin phrase 'Persona,' which refers to persons who are legally recognised as possessing legal rights and being bound by legal obligations. It can refer to a single individual, a group of individuals, a business, or another legal entity recognised by law as the subject of rights and obligations. ... Continue Reading →

What is Grevious Hurt

Introduction According to the Oxford lexicon, the word "Grievous Hurt" refers to any damage that puts an individual's life in peril. The code classifies hurt into basic and severe categories based on the magnitude and intensity of the physical attack perpetrated. As the term implies, grievous injury entails the inflicting of severe and more extreme... Continue Reading →

A study on conditional release from prison and psychopathic tendencies.

Should the criminal be granted a conditional release based on his psychological makeup? Introduction “Psychopathy is a socially devastating personality disorder defined by a constellation of affective, interpersonal, and behavioral characteristics, including egocentricity, manipulativeness, deceitfulness, lack of empathy, guilt or remorse, and a propensity to violate social and legal expectations and norms”(Cleckley, 1976; Hare, 1995,... Continue Reading →

Create a website or blog at WordPress.com

Up ↑

%d bloggers like this: