Léon Duguit’s concept of social solidarity emphasizes the interdependence of individuals within society, arguing that law should serve the collective needs rather than individual rights. Duguit believed that law derives its legitimacy from its ability to promote social cohesion and fulfill societal
Jurisprudence, derived from the Latin term “jurisprudentia,” means the study or knowledge of law. It encompasses various interpretations and philosophies of legal principles. John Austin defined it as the “philosophy of positive law,” focusing on existing laws, while Thomas Erskine Holland viewed it
H.L.A. Hart’s legal rules theory, outlined in The Concept of Law, distinguishes between primary and secondary rules. Primary rules impose duties, while secondary rules provide the structure for recognizing, changing, and adjudicating these primary rules. Hart’s theory emphasizes the importance of a
The legal maxim “suppressio veri or suggestio falsi” signifies that the suppression of truth is equivalent to the suggestion of falsehood. This principle holds that if either the omission of relevant facts or the presentation of false information regarding a material fact in a contract can be proven
The legal maxim “Noscitur a Sociis” means “it is known by its associates.” This doctrine asserts that the meaning of an unclear word in a statute or contract should be determined by the words surrounding it. It emphasizes context, ensuring the interpretation aligns with the document’s overall intent
Case Study: Workers v. Associated Rubber Industry Ltd.
In Workers v. Associated Rubber Industry Ltd. (AIR 1986 SC 1), the Supreme Court of India held that the corporate veil could be lifted to examine the economic realities behind legal structures. Associated Rubber Industry Ltd. transferred shares to a subsidiary to evade paying higher worker bonuses.
Rescission is a contract law remedy allowing parties to nullify an agreement when its foundation is compromised, often due to fraud, coercion, mistake, or inadequate consideration. This remedy treats the contract as if it never existed, freeing parties from their obligations and restoring them to th
“Allegans contraria non est audiendus,” a Latin legal maxim, translates to “a person alleging contradictory facts is not to be heard.” This principle emphasizes consistency in legal arguments, asserting that one cannot present conflicting statements or claims within the same case. It is fundamental
The WIPO Convention, formally known as the “Convention Establishing the World Intellectual Property Organization,” is an international treaty administered by the World Intellectual Property Organization (WIPO). Adopted in 1967, it aims to promote and protect intellectual property (IP) rights worldwi
The court held that agreements between spouses are generally not legally binding contracts because they lack the intention to create legal relations, as such promises are considered domestic arrangements.
The Serious Fraud Investigation Office (SFIO) is a statutory corporate fraud investigation agency in India, under the jurisdiction of the Ministry of Corporate Affairs. It was founded in 2003 as a reaction to the rise in financial fraud cases and business frauds, including the Satyam affair. The SFI
Study Notes: Computation of Net Profit of a Company (Sec 198 of the Companies Act, 2013)
The easing of controls on managerial pay and the adoption of Indian Accounting Standards (Ind AS) under Section 133 of the Companies Act, 2013, question the ongoing necessity of Section 198. This viewpoint echoes the Irani Committee’s 2005 perspective that comparable provisions in the Companies Act,
Corporate Social Responsibility (CSR) refers to the practices and policies undertaken by corporations to have a positive impact on society. This concept involves going beyond the legal obligations of a company to consider the effects of its activities on the environment, employees, consumers, commun
In 1990s, there were many reports of starvation death and suicide in Bihar because of non payment of salaries by certain government companies to their workmen and other employers. So, a writ petition was filed based upon which court held that the employees have a human right as also a fundamental r
Discover the transformative legal saga of Salomon v. Salomon in our detailed analysis. Uncover how this landmark case reshaped corporate law by affirming the principle of corporate personhood and limited liability, forever altering how companies and shareholders are viewed within the legal framework
Case Study: Vallikannu v. R. Singaperumal and another
Wife of a disqualified heir can not claim fro inheritance of estate of her deceased father- in- law and explained that if the son cannot inherit, then the wife, who inherits through her husband, cannot claim the deceased father- in- law’s property either.