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 →

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 →

     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 →

Things to Know Before Renting a Commercial Property in India

Real estate investing even on a very small scale, remains a tried and true means of building an individual's cash flow and wealth. INTRODUCTION What is commercial property? Property purchased for residential purposes is referred to as residential property, whereas property utilised for commercial purposes is referred to as commercial property. It is seen as... 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 →

EXECUTION OF BILLS OF EXCHANGE

INTRODUCTION A bill of exchange is a type of paper that entitles the holder to pay a certain amount of money to the debtor named in the document. The bill of exchange is both a means of payment and an instrument for making payment. The bill of exchange is typically a paper on orders, but... Continue Reading →

Simple Mortgage

Step By Step, Place Became Property, Property Became A Mortgage, And Mortgages Became Derivative Investments. INTRODUCTION What Is a Mortgage? A mortgage, as per section 58 of the Transfer of Property Act, is a sort of loan used to buy or keep up a house, land, or other pieces of real estate. The borrower agrees to... Continue Reading →

CONCEPT OF CORPORATE PERSONALITY

INTRODUCTION A person is a human being who is capable of thought, expression, and the holding and exercise of rights and obligations. But is the term "person" limited to just natural persons? The response would be no. Even an artificial person falls under the notion of a person, which goes beyond a genuine person. "Any... Continue Reading →

Kinds of rights under the jurisprudence

In layman's language, the word "right" indicates the highest allowed behaviour within a certain area. It implies that a person's legal right is the standard of acts that are permitted by law. The term right refers to any course of conduct authorised by law. Similarly, the phrase "legal right" denotes the minimum legally permissible activity.... Continue Reading →

Role of Civil Societies and Media.

Abstract: • What is media? • Role of Media in society. • Meaning, importance and Role of Civil society. • Concept of civil society. • Conclusion. Article: What is media ? Power of speech is a bliss to man. It is a pleasure to listen to people and to express the feelings of one and... Continue Reading →

Group Rights Women and Children

Abstract : 1. Chid Rights 2. Some of the most important rights to children 3. Women's rights 4. Women-specific legislation 5. Women-related legislation 6. Some of the most important rights to women 7. Conclusion. Article: Child Rights : Includes the children's rights adopted in the United Nations convention on the Rights of the Child on... 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 →

CRIME AGAINST WOMEN IN IPC 

Everyone in the globe is affected in some way by the brutality and rising number of crimes against women in the current situation. It demonstrates the magnitude and seriousness of the atrocity committed against women in recent years. A demonstration of this is the international campaign to eradicate violence against women. A cruel view toward... Continue Reading →

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