The Supreme Court decided the question of whether the cheque issued for a time-barred debt or not be decided under Section 482 CrPC. The bench comprising Justices S. Abdul Nazeer and J. B. Pardiwala held that the question that prevailed was a matter of evidence. The Punjab and Ha..
INTRODUCTION The word promoter is defined inS.2(69) of Companies Act 2013, as a person who has control over the affairs of the company, as a shareholder, director, directly or indirectly. A promoter is a person whose function is to form a company and set its objective. Judiciary has tried to define the term promoter in the ca..
Key Takeaways A company, requires its members to make every decision after giving it careful thought and exercising prudent judgement, Annual General Meeting is a medium for a company to do so. Companies Act, 2013, establishes a statutory provision on the conduct of the Annual G..
The High Court of Madras held that police have no jurisdiction to freeze bank accounts while summons are being issued under Section 91 of CrPC. When summons are issued under that section, the investigating officer can only summon a person to produce documents and other things. Ju..
The Supreme Court overruled the decision of a High Court that allowed DNA testing to determine the paternity of two children to verify a claim made by the mother where she stated that she was forced to cohabit and have a physical relationship with her brother-in-law. The appeal arose from a dowry harassment case, where..
Democracy means the government of the people, for the people, and by the people and one of its primary aims is the respect of individuals and idolising of none. For the effective function of democracy, the existence of political parties is inevitable since such parties are the representatives of the political aspirations of the people and as such all political parti..
Key Takeaways Equity shares, which are often referred to as ordinary shares, are issued to the general public at a pre-declared face value. As more shares are sold, more capital flow in, making it the main source of investment for a company. Equity shares offer the largest retur..
Key takeaways The Indian Partnership Act of 1932 governs partnerships, and the Limited Liability Partnership Act of 2008 governs limited liability partnerships. The governing rules for private limited companies can be divided into two categories: general laws that apply to all c..
INTRODUCTION The doctrine of indoor management which can be dated back to more than 100 years is a concept which safeguards the people outside the course of employment of a company. The doctrine basically talks about that when a person gets into a contractual obligation with a company in..
Supreme Court set aside the bail granted to two accused in the NDPS case. A bench comprising CJI UU Lalit and Justice Bela M Trivedi held that in the face of the mandatory Section 37 of the NDPS Act, the High Court cannot and ought not to release the accused on bail. The bench ob..
Kerala High Court quashed a criminal proceeding against a 58-year-old man from Ernakulam and stated that Section 353 of IPC will not be attracted when there lies no allegation of assault or use of criminal force, or in cases when there is the absence of accusation that such act was done to deter public servant from discharge his official duties. li s..
While mincing no words on making clear that the increasing trend of husband being labelled as 'alcoholic' or 'womaniser' would be considered as cruelty, the Bombay High Court in a most laudable, learned, landmark and latest judgment titled Nalini Nagnath Uphalkar V/s Nagnath Mahadev Uphalkar in Family Court Appeal No. 45 of 2006 pronounced as recentl..
While drawing the red lines clearly discernible for the usage of DNA tests, the Supreme Court in a most laudable, learned, landmark and latest judgment titled Inayath Ali & Anr. Vs State of Telangana & Anr. in Criminal Appeal No. 1569/2022 (Arising out of the SLP (Crl.) No. 4946/2017) that was pronounced finally on September 15, 2022 in exercise of its crimi..
The High Court of Kerala held that when a complaint is filed before the State Information Commission for illegal denial of information under Section 18 of the Right To Information Act, it can impose a penalty on the Public Information Officer. However, it does not empower the State Commission to direct the Public Infor..
Key takeaways A prospectus is a document that a company distributes to invite the general public and financial investors to join its protections. A prospectus also assists in educating potential investors about the risks associated with financing the business li style="t..
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