The Social Contract Theory is a foundational concept in political philosophy, developed by thinkers like Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. It posits that individuals originally lived in a State of Nature, governed only by natural law, where life was often insecure. To escape this
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
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
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
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,
This case focus around the power of directors in a joint stock company and introduced the concept of indoor management
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
Memorandum and Articles of a company are presumed to be notice to the public.
Absence of “Saptapadi” did not invalidate the marriage.
A company cannot protect itself from the secretary’s fraudulent activities.
Outsiders dealing with the company are not to be affected by irregularities which may take place in the internal management of the company
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.