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 →

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 →

     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 →

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 SLANDER

In legal terms, defamation is the attack on another's reputation by a false publication (communication to a third party) that serves to discredit the individual. Its variety is only constrained by human creativity. Although the concept of defamation originated in English law, it predates that by several thousand years. Defamation typically requires that the publishing... Continue Reading →

Group Rights Indigenous People .

Abstract: 1. Indigenous people 2. Indigenous rights 3. Protection under law for Indigenous Group 4. Rights of Indigenous People in India Article: Indigenous people: Indigenous peoples, also referred to as First peoples, First nations, Aboriginal peoples, Native peoples, Indigenous natives, or Autochthonous peoples (these terms are often capitalized when referring to specific indigenous peoples as ethnic groups, nations, and the members of these... Continue Reading →

WHAT IS LIBEL

HISTORICAL ORIGIN  The historical origins of Defamation Laws can be traced back to Lord Macaulay who conceived the law in 1837. In 1860, the statute was later codified. The English law served as a model for defamation laws, continuing a trend that can be seen throughout colonial history. Additionally, these laws were created to defend... Continue Reading →

Relationship between rights and duties

What do you mean by Rights? Legal Rights - These are the privileges that the people have under the law of the land.[1]  "A right or an interest recognised and protected by a rule of right," according to Salmond. It is a right, whose observance is a duty and whose violation is unlawful. In a... 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 →

CRIMINAL INTIMIDATION

MEANING The Indian Penal Code, 1860, sets forth the rules that regulate criminal activity in India. It is a substantive piece of legislation that lists all criminal offences and imposes punishment on offenders who violate it. One of these offences covered by Chapter XII of the Indian Penal Code is criminal intimidation. Intimidation is defined... Continue Reading →

LEGAL STATUS OF A MINOR IN INDIA

WHO IS A MINOR? According to Section 3 of the Indian Majority Act of 1875, a "minor" is someone who has not reached the legal age of majority to which they are subject. The legal minimum age varies depending on the country's legal system. Minors do not possess the same level of legal ability that... Continue Reading →

DIVORCE FOR ADULTERY 

Families and marriage are frequently seen as the cornerstones of civilization. As long as there have been marriages, adultery has been among humans. It brings tremendous emotions to the forefront and has repercussions for everyone involved. It naturally creates friction between the parties involved, as well as between their sexual impulses and allegiance. Adultery is... Continue Reading →

WHAT IS CRUELTY?

Before 1955, getting a divorce as a Hindu was not always simple. Because the marriage was seen as a religious union in Hinduism. The parliament resolved to create laws pertaining to the Hindu in light of different stigmas in social life of the Hindu. However, doing so was a challenging undertaking. The lawful marriage between... 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 →

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