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A Comparative Study Between Equity Shares And Preference Shares

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..

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Company And Limited Liability Partnership Advantages And Disadvantages

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..

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A Study On The Doctrine Of Indoor Management And Its Exceptions

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..

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Supreme Court Sets Aside Bail Granted By High Court To NDPS Accused On The Mandate of Section 37 NDPS Act

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..

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Kerala High Court Quashes Criminal Case Involving Section 353 IPC Against A 58-Year-Old Who Was Booked For Using Loud Voice Against Public Servants In Government Agriculture Office

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..

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Labelling Husband As 'Alcoholic', 'Womaniser' Without Substance Is Cruelty: Bombay HC

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..

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DNA Tests Can Violate Privacy Right, Can't Be Directed As Matter Of Course; Section 112 Evidence Act Protects Children: SC

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..

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Section 18 Of The RTI Act Does Not Confer Powers On State Information Commission To Direct Pio To Furnish Information Sought But Only To Impose A Penalty

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..

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Prospectus Issue, Contents And Kinds Under Companies Act, 2013

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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S.50 PMLA: Application For Recording Statement Of Accused Can Only Be Made Before Sessions/ Special Court, Not Magistrate: Karnataka HC

This writ petition was filed under Article 226 of the Constitution and was read with Section 482 of the CrPC in order to quash the order passed by the 1st Additional Chief Metropolitan Magistrate of Bengaluru. There were two cases registered against the petitioner. The ED filed an application before the learned Magistr..

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POCSO Act Prevails Over SC/ST Act: Accused Entitled To Directly Approach High Court U/S 439 CrPC When Charged Under Both Statutes: Kerala HC

By an order dated 02.09.2022, the Kerala High Court granted bail to the petitioner under Section 439 of the Code of Criminal Procedure, 1973.  It was alleged that the accused slapped and scolded the fifteen year old complainant using filthy language. Provisions of the SC/ST Act were also included as the complainan..

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A Comparative Analysis Of The Doctrine Of Indoor Management And Doctrine Of Constructive Notice Under Company Law

Key takeaways Since the company's rules and regulations are public information, it is the responsibility of an outsider to be aware of them, before entering into a contract with the company. This assumption is known as the Doctrine of constructive notice. Doctrine of indoor ..

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Guide To Personal Injury Claims: Everything You Need To Know

Personal injury claims are a complicated area of law. They can be difficult to understand and often involve large sums of money. However, understanding the process of personal injury claims is important in ensuring you are taken care of if you ever have to file one. This guide will help you understand how personal injury claims work and how to navigate the legal process to get the bes..

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Notice Stating Right To Initiate Arbitration Not A Notice Under Section 21 of A&C Act: Delhi High Court

The appellants Shriram Transport Finance Co. Ltd filed this appeal before the Delhi High Court against the judgment of the learned District Judge which allowed a petition seeking to set aside the Arbitral Award dated 16.07.2019 on the grounds that there was non-compliance with Section 21 of the Arbitration and Conciliation Act, 1996.  li style="..

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How to Select Best Fixed Deposit Plan

What is an age-old way of saving or investing do you think? Let's step two decades back and take a look at it, shall we? What are the thoughts that pop through your head? Does one of those thoughts hum - fixed deposit? Of course, it does, doesn't it? Because, as far as we all know - fixed deposits have been a part of us more than we could ever imagine. From grandparents, parents, and no..

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