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Foss Vs. Harbottle: The Rule Of Majority And Exceptions To It

Key takeaways In this case, the plaintiffs claimed that the company's property had been misused, wasted, and the wrong kinds of mortgages had been granted on it. They demanded that a receiver be appointed and that the responsible people be made liable to the business. Wigram..

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10 Skills and Qualities for a Successful Law Career

To be a successful specialist in the law field is not simple as it may seem. There is a need to play professional roles and bear a lot of responsibilities. However, it is still possible to build a prosperous career in law. For this, you should possess the below-mentioned key skills. 1. Attention to Details There is no doubt that the law field is one of the most c..

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An Analysis Of The Canbank Case

Key takeaway The urgent necessity is to control banks and financial entities. The behaviour of bank personnel and the desire for financial gain were highlighted in this case. In order to reduce greed and reform the financial system to stop fraud and irregularities, the judicial ..

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Madras High Court Lays Down Rules To Determine 'Urgent Interim Relief' Under Section 12A Commercial Courts Act

The High Court of Madras held that a suit will be affected by Section 12 A of the Commercial Courts Act if it doesn’t have an “urgent interim relief”. Section 12 A hinders filing a commercial suit when pre-institution mediation was not executed. Justice M. Sunda..

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Allahabad High Court Held That LARRA Is Not A Civil Court But Only An Adjudicating Authority

The High Court of Allahabad held thatLARRA [Land Acquisition, Rehabilitation and Resettlement Authority] is not a civil court under Section 24(1)(a) of CPC, to be  subordinate to the High Court. Thus High Court cannot transfer a case pending before LARRA to another court. LA..

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Delhi Court Sets Aside The Charge Against A BMW Driver Who Killed A Stray Dog- Accidental Killing Of A Stray Dog Does Not Constitute An Offence Of Mischief Under Section 429 IPC

A BMW driver was discharged by the Delhi Court for a case filed against him in June 2019, under Sec 429 IPC for killing a stray dog in a road accident. The case was filed in 2019 at Mayur Vihar Police Station by a woman who had witnessed the BMW driver killing a stray dog at the Mayur Vihar red light. li style=..

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Mode Of Taking Evidence Under Code Of Criminal Procedure, 1973

KEY TAKEAWAYS Modes of recording evidence before the Magisterial Courts, Sessions Courts and the High Courts. Certain attributes of fair trial incorporated in Part XXXIII-A of the Code of Criminal Procedure, 1973. INTRODUCTION..

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Delhi High CourtIn A PIL Challenging The Appointment Of The New CJI, Held That Offices Held By Constitutional Dignitaries Are Not Open To Denigration For Public Interest

A PIL challenging the appointment of Justice D.Y. Chandrachud, the new Chief Justice of India was dismissed on 11.11.2022 by the Delhi High Court. The High Court of Delhi held that offices of constitutional functionaries shall not be open to denigration by "self-styled warriors of public interest" on grounds ..

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Complaints And Commencement Of Proceedings Under Magistrate: A Detailed Analysis

KEY TAKEAWAYS Chapter 15 and Chapter 16 of the Code of Criminal Procedure, 1973 cover complaints made to the magistrate.  Chapter 15 specifically talks about the scrutiny and registration of complaints to the magistrate. Four sections (200-203) fall under the ambit of this ..

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Form Of Charge And Joinder Of Charge Under CRPC: An Analysis

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..

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Just And Equitable Grounds To Wind Up A Company : A Wide Discretionary Power Granted To A Tribunal

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..

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Non-Participation Of Defendant Is Good For Compliance Of Sec 12-A Of The Commercial Courts Act: Delhi High Court

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;"..

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Corporate Criminal Responsibility

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..

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VAT Not Fee/Charge: Cannot Be Disallowed As Deduction Under Section 40(a)(iib) of Income Tax Act: ITAT

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..

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Muslim Marriages Not Excluded From POCSO Act, Physical Relationship With Minor An Offence Irrespective Of Validity Of Marriage: Kerala High Court

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..

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