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Anish Sinha — Author at Legal Wires

Anish Sinha

In Re • case-study

Case comment: Vanshika Yadav v. Union of India and Ors.

In the case of Vanshika Yadav v. Union of India (W.P. (C) No. 335/2024), the Supreme Court addressed the NEET (UG) 2024 paper leak incident. Despite acknowledging leaks in Hazaribagh and Patna centers, the Court refused to cancel the exam, citing a lack of evidence of systematic breach affecting the

July 28, 2024
In Re • case-study

Case Study: Daimler Benz Aktiegesellschaft v. Hybo Hindustan

In the case of Daimler Benz Aktiegesellschaft v. Hybo Hindustan, the Delhi High Court ruled that Hybo Hindustan’s use of the “BENZ” mark for undergarments infringed on Daimler Benz’s well-known trademark associated with luxury cars. The court emphasized that the “BENZ” mark, renowned globally, shoul

July 23, 2024
Def. • lex-o-pedia

Doctrine of Obiter Dicta and Ratio Decidendi

In legal judgments, the doctrine of obiter dicta refers to remarks made by a judge that are not essential to the decision’s outcome. These are persuasive but not binding in future cases. Conversely, ratio decidendi denotes the legal reasoning forming the basis of a court’s decision on the precise is

Def. • lex-o-pedia

Merger and Demerger of a Company

Mergers involve the combination of two or more companies into a single entity, often to enhance competitive strength, achieve economies of scale, or expand market reach. De-mergers, on the other hand, entail a company splitting into two or more independent entities, usually to unlock shareholder val

In Re • case-study

Case study: Foss vs Harbottle

**Foss v. Harbottle** (1843) is a foundational case in corporate law establishing the “proper plaintiff” rule. It determined that only the company itself, rather than individual shareholders, can sue for wrongs done to the company. This case reinforced the principle of majority rule, meaning that if

July 16, 2024
In Re • case-study

Case Comment: Mohd Abdul Samad v. The State of Telangana & Anr

In the case of Mohd Abdul Samad v. The State of Telangana & Anr in was held that A divorced Muslim Woman can Seek Maintenance from Husband under S.125 CrPC in addition to remedy under 1986 Act.

July 15, 2024
Def. • lex-o-pedia

Speaker of the Lok Sabha

The speaker has been assigned a wide range of tasks related to administrative, judicial, and regulatory concerns that fall under his or her purview. The House scrutinizes her/his activities, which have a significant impact on parliamentary processes.

Def. • lex-o-pedia

Company Law: Oppression and Management: Meaning, Rights and Remedies

Shareholders and creditors are one of the most vital components of a company and so company will be working efficiently only if these people are not facing any irrelevant tensions. Whenever a company gets involved in a situation where there is oppression or mismanagement against the creditors or sha

glossary

Doctrine of Force Majeure

June 30, 2024 • 4 min read
In Re • case-study

Case Study: Dodge v. Ford Motor Co

This case cleared that if shareholders have rights to dividends from corporate profits then directors also have broad discretion to use those profits for lawful business expansion efforts deemed beneficial for the company’s future.

June 28, 2024
In Re • case-study

Case Study: Anil Kumar Sawhney v. Gulshan Rai

In the case of Anil Kumar Sawhney v. Gulshan Rai, Supreme Court held that a ‘cheque’ under Section 5 of the Act is also a bill of exchange but it is drawn on a banker and is payable on demand. Thus bill of exchange even though drawn on a banker, if it is not payable on demand, it is not a cheque.

June 26, 2024
In Re • case-study

Case study: CIT v. Meenakshi Mills Ltd.

This case deals with section 42(1) of the Income Tax Act, 1922 (IT Act) and the Court is entitled to lift the corporate entity if the entity is used for tax evasion or to circumvent tax obligation.

June 11, 2024
Def. • lex-o-pedia

Study Notes: Prospectus

The next stage after a company is incorporated is to raise the capital required to operate the firm. The purpose of a prospectus, in addition to inviting investors, is to enlighten them about the company’s operations, finances, capital structure, possibilities for growth, management, etc.

In Re • case-study

Case Study: Badshah v. Urmila Badhshah Godse and another

Citation: (2014) 1 SCC 188, AIR 2014 SC 869 Date

May 09, 2024
In Re • case-study

Case Study: C.P. Kandaswamy and Ors. v. Mariappa Stores and Ors.

Citation: AIR 1974 MAD 178, AIR 1974 MADRAS 178, 1986

May 04, 2024
Def. • lex-o-pedia

Study Notes: The Doctrine of Indoor Management

The Doctrine of Indoor Management deals with the right of third party to protect them from the irregularities of the company.

In Re • case-study

Case Study: Bhauroa Shankar Lokhande and Anr. v. State of Maharashtra and Anr.

In order to prove second marriage legal, the solemnisation of the second marriage should be in proper way of customary rites performed in the second marriage. Customary rites includes two ceremonies namely; invocation before the sacred and the saptapadi.

May 01, 2024
In Re • case-study

Case study: Arshnoor Singh v. Harpal Kaur and others

In succession that began prior to the Hindu Succession Act, 1956, the rule under Mitakshara law that a male ancestor up to three degrees below him the same rights as coparceners in that property from any of his paternal ancestor.

April 26, 2024
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