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A Comparative Analysis Of One Person Company And Sole Proprietorship

Key takeaways Section 2 (62) of the Companies Act, 2013 defines a one-person company as a company that has only one person as to its member. A business that is owned and run by one person is known as a sole proprietorship. Proprietorships are recognised by other registrations, s..

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SC Affirms Death Penalty For LeT Militant In 2000 Red Fort Attack Case And Dismisses Review Petition

While displaying absolute zero tolerance towards terrorism and terrorists, the Apex Court as recently as on November 3, 2022 in a most learned, laudable, landmark and latest judgment titled Mohd Arif @ Ashfaq vs State (NCT of Delhi) in Review Petition (Crl.) Nos. 286-287 of 2012 in Criminal Appeal Nos. 98-99 of 2009 and cited in 2022 LiveLaw (SC) 902 in exercise of ..

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Mid-Term Elections In The US

Introduction The United States holds a general election near the midpoint of a president’s four-year term in office, generally it is done on the Tuesday after the first Monday in the month of November. All the 430 seats in the United States house of representatives, and 33 or 34 seats in the house of senate. p s..

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Reservation Can't Continue Indefinitely, Should Be Revisited For ‘Casteless Classless Society’: Supreme Court Judges In EWS Quota Case

Case Name-  Janhit Abhiyan v. Union Of India with 32 connected matters [W.P.(C)NO.55/2019] Bench- Dinesh Maheshwari, Bela Trivedi, JB Pardiwala, Justice S Ravindra Bhat and Chief Justice of India Uday Umesh Lalit Ratio- 3:2 Majority  (Justice S Ravindra Bhat and CJI Uda..

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POCSO Act : Non-Reporting Of Sexual Assault Despite Knowledge Is A Serious Crime : Supreme Court

Case- State of Maharashtra vs Dr. Maroti s/o Kashinath Pimpalkar [2022 LiveLaw (SC) 898] Bench- Justice Ajay Rastogi and Justice C.T. Ravikumar On Wednesday, the Supreme Court ruled that under the Protection of Children from Sexual Offenses (POC..

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Discretionary & Extraordinary Power U/Sec 319 CrPC Should Be Exercised Sparingly Supreme Court

Case Name- Naveen vs State of Haryana [SLP(Crl) 3746 of 2022] Bench- Justices Ajay Rastogi and C.T. Ravikumar In this judgement the Supreme Court reaffirmed that the power granted to a court by Section 319 of the CrPC is an extraordinary and discretionary one that should only be ..

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Magistrate Can Issue Warrant For Recovery Of Defaulted Maintenance U/S 125 CrPC As Arrears Of Land Revenue: Allahabad HC

In a very significant observation, the Allahabad High Court has in a most learned, laudable, landmark, logical and latest judgment titled Rama Nand vs Hira Lal in Second Appeal No. 1698 of 1900 and cited in 2022 LiveLaw (AB) 477 that was pronounced on September 30, 2022 held that the Magistrate has the power to enforce an order of maintenance passed under Section 12..

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Supreme Court Answers the Applicability of Time Frame under Section 11 A of Land Acquisition Act against Acquisition Initiated By Invoking Urgency Provisions under Section 17

A three-Judge Bench of the Supreme Court in a recent judgment adjudged a case concerning the issue of applicability of the time frame contemplated under Section 11 A of the Land Acquisition Act, 1894 to acquisition initiated by invoking urgency provision under Section 17 of the Land Acquisition Act. Section 11 A deals ..

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Karnataka High Court Held, Petitions U/S 24 CPC Can Be Transferred Only During Hardship But Not Due To Inconvenience Caused To Parties

The High Court of Karnataka said that the courts must consider the hardships that might be caused to the parties at the time of deciding an application under Section 24 of CPC for transfer of proceedings from one court to another, rather than looking into the convenience of parties. Single Judge bench presided over by ..

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Process Of Incorporation Of A Company

Key takeaways The Ministry of Corporate Affairs has made sure that not only is the incorporation procedure straightforward, but that the process of registering a company in India is completed more quickly. Incorporating a company, is done with the basic intention that it can own..

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Admission of Appeals As A Condition Precedent To Be Eligible For Settlement Under Vivad Se Vishwas Scheme Is Contrary To Law: Delhi High Court

The Vivad Se Vishwas Scheme was launched in 2020 to settle pending tax disputes in the area of Direct Taxes.  It is an effort to unblock 9.32 trillion rupees  (as of November 30, 2019) that has been blocked by over 483,000 appeals that are pending in several appellate tribunals.  li style="text-a..

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10% Community Quota For Non-Minority, Non-Backward Classes Unconstitutional: Kerala High Court On State's School Admissions Policy

In July 2022, an order issued by the General Education Department along with a prospectus issued by the Directorate was passed. It was put in place to regulate the admission to plus one Private Aided Higher Secondary Schools for the Academic year 2022-23. The G.O. stated that the earlier standard of 30% a href="https:..

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Supreme Court Bans Two-Finger Test In Rape Cases

There goes a well known adage that, "It is better to be late than never". It is really good to see that finally the Supreme Court has decided to go whole hog in cracking the whip on two finger test in rape cases. In a most recent judgment dated October 31, 2022, the Apex Court in a most laudable, landmark, learned and latest judgment titled The State of Jharkhand vs Shailendra Kumar R..

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Constitutionality Of EWS Reservation

Introduction Reservation is a method to provide assistance to the historically disadvantaged groups of the community in the field of education, employment, government offices, and so on. The reservation existed even before the independence of India, in 1882 and 1891 Rajashri shahu the then maharaja of Kolhapur introduced rese..

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Shareholders Meetings And Its Provisions Under The Companies Act 2013

Key takeaways A company's majority ownership and destiny tend to favour the shareholders. The proper and effective conduct of these meetings assesses both the Company's current operations and its long-term goals The meetings give shareholders a chance to voice their opin..

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