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The concept of criminal conspiracy dates back to the fourteenth century, involving agreements between individuals for illegal ends. It became part of the criminal law in 1868 and was further strengthened with Sections 120A and 120B of the Indian Penal Code. Modern laws continue to address and penali
The Doctrine of Basic Structure, established by the Indian Supreme Court, holds that certain fundamental principles of the Constitution are immutable and cannot be altered even by constitutional amendment. These principles include democracy, rule of law, judicial review, secularism, and federalism.
Under the Indian Contract Act, 1872, agreements in restraint of trade are generally void. Exceptions exist for reasonable agreements safeguarding goodwill and involving sale of a business. Such agreements must not impose undue restrictions beyond what is necessary to protect legitimate business inte
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
Debentures are long-term debt instruments issued by companies to borrow funds. They are unsecured, relying on the issuer’s creditworthiness. Types of debentures include convertible, which can be converted into equity shares; non-convertible, which cannot be converted; secured, backed by collateral;
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 a company, directors can be categorized into executive and non-executive directors. Executive directors are actively involved in daily operations and decision-making, often holding key managerial roles. Non-executive directors, while not involved in day-to-day operations, provide oversight, strat
In “Refusal By Bar To Defend Certain Accused,” the legal profession grapples with ethical dilemmas when lawyers collectively refuse to defend certain individuals accused of heinous crimes. This refusal raises questions about the right to a fair trial, the duty of the legal profession to provide defe
This article explores the concept of strict liability within the framework of tort law. Strict liability imposes liability for harm caused by an ultra-hazardous activity, even in the absence of negligence. The seminal case of Rylands v. Fletcher will be examined to illustrate the key elements of thi
India’s Chandrayaan-3 mission achieved a historic soft landing on the moon’s south pole, marking a major milestone in global space exploration. This achievement underscores India’s expanding role in space, driven by private sector involvement and new policies. However, a comprehensive domestic space
Lawyers play a crucial role in the administration of justice by ensuring the legal system functions effectively. They advocate for clients, uphold rights, and interpret laws. Lawyers provide legal advice, represent clients in court, and ensure fair trials. Their ethical duty is to promote justice an
In the Indian Criminal Justice System prosecution of accused in the Court done by the State. As Crime is considered as the offence against the state and can imbalance the structure of society as a well-established institution. For that purpose, State appoint the Public Prosecutor and Additional Publ
Under the Indian Contract Act, 1872, a contract is voidable if it involves a mistake. Mistakes can be of fact or law. A mistake of fact occurs when both parties are mistaken about a fact essential to the agreement, rendering the contract void. A mistake of law, on the other hand, does not invalidate
A dividend is a portion of a company’s earnings distributed to its shareholders, usually in cash or additional shares. Companies pay dividends as a way to return profits to investors, often on a quarterly basis. The amount and frequency of dividends depend on the company’s profitability, financial h
The evolution of tort law in India traces back to British colonial rule, adapting common law principles. Post-independence, Indian tort law continued to develop through judicial decisions, reflecting societal changes and incorporating concepts like negligence, strict liability, and vicarious liabili
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.
The Registrar of Companies (RoC) under the Companies Act, 2013, is a government authority responsible for registering and regulating companies in India. To ensure accountability and openness in corporate governance, the RoC manages the registration of all businesses registered within its jurisdictio
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
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
Doctrine of Territorial Nexus state that laws made by a state legislature are not applicable outside that state, except when there is a sufficient nexus between the state and the object. This doctrine derives its authority from Article 245 of the Indian Constitution. Territory or Territorial refers
Hicklin Test states that material could be deemed obscene if it had the tendency to deprave and corrupt those whose minds were open to such immoral influences, particularly children and vulnerable individuals.
The idea of incidental or ancillary powers states that if a legislative body has the ability to legislate on a certain subject, it also has the power to act on related subjects. Unless the supplementary topic is specifically identified as falling under the purview of another legislative body, if hel
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,
Sec 2(10) of the Companies Act, 2013 defines the term Board of Directors in relation to a company as the collective body of the directors of the company. Board of directors have power to contribute towards charitable, political or national defence fund but cannot act beyond the AoA or MoA.