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KEY TAKEAWAYS Charge is a written document issued by the Court stating the allegations against the accused to inform him regarding his offences and the reason behind his trial Form of Charge is the content of the charge. It includes the particulars which are related to the charg..

Key takeaways Section 433 of the Companies Act, 2013 stands out in giving the court or tribunal the authority to wind up a company. The tribunal will grant the petition for winding up based on the shareholders' just and equitable arguments, but only to the extent permitted b..

Case title: Kapil Goel v. Ram Dulare Yadav, RFA(COMM) 14 of 2022 The Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad bench ruled that the defendant's refusal to engage in the proceedings renders the plaintiff's consent to the pre-suit mediation useless. li style="text-align: justify;"..

Key takeaways A company can be held criminally responsible and found guilty for the illegal actions of any of its agents as long as those individuals acted within the bounds of their actual or perceived authority. Doctrine of corporate criminal liability is essentially the respo..

According to the Chennai Bench of the Income Tax Appellate Tribunal (ITAT), the payment of Value Added Tax (VAT) by Tamil Nadu State Marketing Corporation, a State Government undertaking, is not a fee or charge made by the State Government and cannot therefore be disallowed as a deduction under the terms of Section 40(a)(iib) of the Income Tax Act, 1961./li..

The bench of Justice Bachu Kurian Thomas on Friday decided that if one of the parties is a juvenile, charges under the Pocso Act would apply, while dismissing the bail motion of an accused who was jailed for raping a 16-year-old girl from West Bengal who later turned out to be his wife. The Kerala high court has declar..

Introduction According to Article 21 of the Indian Constitution, "no person shall be deprived of his life or personal liberty except in accordance with the procedure established by law, nor shall any person be denied equality before the law or equal protection of the laws within the territory of India." It also incl..

BACKGROUND In the year of 2005, the United Progressive Alliance (UPA) Government headed by honorable Prime Minister Dr. Manmohan Singh recognized the Right to Information Act in the 14thLokSabha. It has been the most popular, reformative and ambitious law in Indian political and administrative history. Under this act, the cit..

The Canada Supreme Court in a recent judgment held that the country’s mandatory and lifetime registration against the sex offender register was unconstitutional. The national sex offender registry created in 2004 under the Sex Offender Information Registration Act (SOIRA) which had a mandatory registry of sex off..

The High Court of Bombay upheld that children brought up in an orphanage cannot be declared orphans s under Section 2(42) of the Juvenile Justice Care and Act, 2015 if their biological parents are still alive. The bench comprising Justices S.V. Gangapurwala and R.N. Laddha directed the Committee under the Juvenile Just..

Key takeaways The object clause, is a part of company’s MOA, it describes the company's projected goals, for which the company was founded and the direction in which it will work. A relevant doctrine to the object clause, the Doctrine of ultra vires forbids directors f..

Key takeaways One person or a small group of persons suing on behalf of a larger group of people who have all experienced the same injury is known as a class action lawsuit. The main goal behind the availability of class action lawsuits is the protection of the rights of the min..

Introduction Article 21 of the Indian Constitution guarantees every individual the right to life and personal liberty. Unless proven guilty, a person is presumed innocent. As a result, an accused may not be detained unless a fair and just procedure is followed.Bail refers to the temporary release of an accused person awaiting..

While making just no bones about the serious retrograde consequences emanating from use of resorting to sealed cover procedure, the Apex Court in a most learned, laudable, landmark and latest judgment titled Cdr Amit Kumar Sharma vs Union of India in Civil Appeal Nos. 841-843 of 2022 & Ors cited in 2022 LiveLaw (SC) 951 that was pronounced as recently as on Octo..

Successful medical practice involves potential doctors, medical practitioners and a hospital or clinic with advanced equipment and facilities. To become a part of the rising healthcare industry, medical professionals need to invest in staff recruitment, purchasing state-of-the-art equipment, investing in technology and the like. Such investments require adequate financial resources. I..