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Independent Director Under The Companies Act, 2013

Key Takeaways The independent directors have been enlisted to improve the objectivity of corporate governance throughout the country. According to Section 149(6), an independent director is defined as "a director other than a managing director, a whole-time director, or a n..

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Supreme Court: Minister/ Public Servants Need Not Follow Special Procedures U/Sec. 199(2) And (4) CrPC And Can File Private Complaint Against Defamation

It was ruled by the Supreme Court that a minister or public employee (a person protected by Section 199(2)) can submit a private complaint alleging defamation and is not required to follow the specific procedure outlined in Section 199(2) & (4) CrPC, according to the Supreme Court. Manish Sisodia, a minister in the..

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Bombay High Court Held That Grave Injustice Would Be Caused If Parties Were Forced To Continue With Proceedings Despite Compromise In Domestic Violence Cases Under Section 498 A Of IPC

It was held by the Bombay High Court that, cases relating to Domestic Violence are to be quashed when parties arrive at a settlement if it involves non-compoundable offences else it would be hazardous to force a couple who want to live together, to litigate. It would be a “dis-service to the society for the protection of which the court exists”...

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Incorporation Of Public Limited Company: Advantages And Disadvantages

Key takeaways According to the 2013 Companies Act, there is a specific process for incorporating a company. Before starting the company, a certificate of commencement of business is necessary. The incorporation of a public company offers additional revenue possibilities through ..

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Memorandum Of Association And Articles Of Association

Key takeaways The Memorandum of Association is the legal document that outlines the purpose, power, and scope of the company. The document establishes restrictions on how the company may operate. AoA is a required document that outlines a company's rules and policies to enab..

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An Analysis Of The Turquand Rule And Its Exceptions

Key takeaways The Turquand rule clarifies the underlying fundamental principle that, when an outsider enters into a contract with a company in good faith, the outsider can presume that no such irregularities exist and that, as a result, all procedural requirements have been complied with by the company appropriately...

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Doctrine Of Election: Elect Between Two Alternative And Conflicting Rights

Contents Key Takeaways Introduction Doctrine of Election When does Election arise Modes of Election Mohd. Kader Ali fak..

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Lifting Of Corporate Veil Due To Fraud And Improper Conduct

Key takeaways     Incorporation of the company does not always and in every situation eliminate personal liability.     The members of the corporation have minimal accountability, but they may be held accountable in exceptional situations if the court believe..

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Convicting Someone By Holding Rape Victim's Statement To Be Gospel Truth Would Be Travesty Of Justice: Punjab and Haryana HC

It is most heartening to learn that none other than the Punjab and Haryana High Court itself in a most commendable, courageous, composed, cogent and convincing judgment titled X v. State of Haryana and Another in CRM-A-1736-2019 and cited in 2022 LiveLaw (PH) 265 that was reserved on September 22 and then was finally pronounced on September 30, 2022 has minced absolutely no words whatsoever to ..

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Registration Of Companies Under Indian Law

Key takeaways Registering a company extremely important, as the Companies Act grants a legal personality to registered companies. There are two documents that are crucial at the moment of formation. These are the Articles of Association (AoA) and the Memorandum of Association (M..

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Muslim Man Can't Marry Another Woman As Per Quran If He Isn't Capable Of Fostering First Wife, Children: Allahabad HC

While underscoring that as per the mandate of the Holy Quran, bigmay is not sanctified unless a man can do justice to orphans, the Allahabad High Court has in an extremely laudable, learned, landmark and latest judgment titled Azizurrahman v. Hamidunnisha @ Sharifunnisha in First Appeal No. – 700 of 2022 and cited in 2022 LiveLaw (AB) 463 pronounced recently on September 19, 2022 minced j..

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One Person Company and a Small Company

Key takeaways The concept of one person company gives an individual more flexibility to manage his business while also enjoying the advantages of a company. In order to give small firms functioning as private limited companies certain advantages, the concept of a small company w..

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Rectification Of Instruments

Contents Introduction Specific Relief Act, 1963 Section 26 of the Specific Relief Act, 1963 Effect of rectification of the instrument li style="text-align: justi..

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Indian Law With Respect To Insider Trading: An Analysis Of Landmark Judgements

Key takeaways Insider trading is an unfair practise that needs to be avoided and controlled at all costs. According to analysis of landmark judgements on insider trading, a more robust mechanism for investigation and prosecution is still required. li style="text-align: j..

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Appointment And Powers Of Directors

The ability and moral character of a company's directors have a significant role in the company's success. Therefore, it is essential that the administration of businesses be in competent hands. As a result, the Companies Act of 2013 has tight regulations on the appointment of directors. Special rules have been put in place to prevent undesirable people from..

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