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Droit Administratif: An Overview
Droit administratif governs the actions of administrative agencies, focusing on legality, fairness, and individual rights protection. Originating in France with reforms from the Napoleonic era, it includes principles like specialized judicial systems and proportionality. Unlike common law, it relies
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Droit Administratif: An Overview
Droit administratif governs the actions of administrative agencies, focusing on legality, fairness, and individual rights protection. Originating in France with reforms from the Napoleonic era, it includes principles like specialized judicial systems and proportionality. Unlike common law, it relies
lex-o-pedia
Concept of Corporate Governance
Corporate Governance refers to the system by which companies are directed and controlled, focusing on the relationships between shareholders, management, and the Board of Directors. It promotes accountability, transparency, and ethical conduct, ensuring that companies operate in the best interests o
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Powers of RBI under Foreign Exchange Management Act (FEMA)
The Reserve Bank of India (RBI) plays a pivotal role under the Foreign Exchange Management Act (FEMA), 1999, regulating foreign exchange and cross-border financial transactions. It ensures compliance with FEMA provisions, oversees foreign investments, and manages capital account transactions. The RB
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Right to Alienate under the Transfer of Property Act, 1882
The right to alienate property is a fundamental aspect of ownership under the Transfer of Property Act, 1882. However, this right can be subject to restraints, such as restrictions on timing, the transferee, or the purpose of the sale. While absolute restraints, which completely prevent the transfer
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An Introduction to Auditors: Roles, Responsibilities, and Qualifications
Auditors play a crucial role in corporate governance, ensuring the transparency and accuracy of a company’s financial records. Appointed under the Companies Act, 2013, they must be qualified members of the Institute of Chartered Accountants of India (ICAI). Their responsibilities include verifying f
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Promoter of a Company
A promoter plays a crucial role in the incorporation of a company, overseeing the entire process from ideation to commencement of operations. Promoters are responsible for essential tasks such as identifying business opportunities, arranging capital, and preparing necessary documents like the Memora
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Schools of Criminology
Criminology, rooted in ancient philosophies, has evolved through various schools of thought. The Pre-Classical School linked crime to supernatural forces, while the Classical School, led by figures like Cesare Beccaria, emphasized free will and rational choice in criminal behavior. The Neo-Classical
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Plato’s Allegory of the cave
Plato’s Allegory of the Cave illustrates the contrast between perceived reality and true knowledge. In the allegory, prisoners confined in a cave mistake shadows on the wall for reality. When one escapes and encounters the outside world, he realizes that the shadows were mere illusions. Upon returni
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Jurisdictional Complexities under Section 20 of the C.P.C.: Analyzing the Place of Suing
Section 20 of the Code of Civil Procedure (C.P.C.) in India provides guidelines for determining the appropriate court for filing a lawsuit. It outlines the conditions under which a suit can be instituted, based on the residence of the defendants, the place of business, or where the cause of action a
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The case of The Speluncean Explorers
The Case of the Speluncean Explorers is a hypothetical legal case crafted by Lon L. Fuller to explore the complexities of judicial interpretation. It presents a moral dilemma where four explorers are tried for murder after killing and eating a companion to survive while trapped in a cave. The case e
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Social Disorganization Theory
Social disorganization theory, developed by Shaw and McKay, explores how neighbourhood factors like poverty, high residential mobility, and ethnic diversity weaken a community’s social structure, leading to increased crime rates. The theory suggests that when communities struggle to maintain social
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Differential Association Theory
Differential Association Theory, introduced by Edwin H. Sutherland, explains criminal behavior as a learned process influenced by social interactions. According to the theory, individuals learn criminal behavior through communication within intimate social groups, where they adopt the values, techni
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Infringement of Copyrights and Remedies
Copyright infringement involves the unauthorized use or reproduction of copyrighted works, violating the exclusive rights granted to creators. The Copyright Act of 1957 protects various forms of creative work, including literary, artistic, and cinematic works. Infringement can result in significant
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What is Amartya Sen’s Theory of Justice?
Amartya Sen’s theory of justice diverges from idealized models, emphasizing a “Comparative Approach” that focuses on enhancing justice and reducing injustice in real-world contexts. Rejecting the “transcendental institutionalism” of thinkers like Rawls, Sen argues that justice should be understood t
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Concept of Owner and Author under Copyright Law
In copyright law, “ownership” and “authorship” are crucial for determining who holds rights to a creative work. Ownership of copyright is distinct from owning the physical object embodying the work. Copyright belongs to the person who expresses an idea in a tangible form, not the originator of the i
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Robert Nozick’s Entitlement Theory
Robert Nozick’s Entitlement Theory, presented in Anarchy, State, and Utopia (1974), argues that justice in holdings is based on three principles: justice in acquisition, justice in transfer, and justice in rectification. Nozick asserts that individuals are entitled to their possessions if acquired a
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John Rawls: Theory of Justice
John Rawls, a prominent American philosopher, is best known for his groundbreaking work, A Theory of Justice (1971). His theory, rooted in liberalism, proposes that a fair society is one where principles of justice are determined behind a “veil of ignorance,” where individuals are unaware of their p
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Overview of Copyright: Meaning and Protected Works
Copyright is a critical legal concept for protecting intellectual property. As defined by Black’s Law Dictionary, it is a right in literary property sanctioned by law, granting authors exclusive rights to reproduce, publish, and sell their work. Similarly, the Oxford Dictionary emphasizes copyright
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CAS Ad hoc Division in Spotlight as Vinesh Appeals Disqualification
The CAS Ad hoc Division plays a crucial role in swiftly resolving disputes during major sporting events like the Olympics. Vinesh Phogat’s recent appeal against her disqualification from the 2024 Paris Olympics highlights its significance. The division, operating independently and often on-site, ens
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What is Roscoe Pound’s Social Engineering?
Roscoe Pound, a prominent figure in sociological jurisprudence, introduced the concept of “Social Engineering,” viewing law as a tool to balance competing societal interests. He argued that law should minimize conflict and maximize the satisfaction of social needs by carefully regulating human condu
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Kelson’s Pure theory of Law
Hans Kelsen’s Pure Theory of Law is a foundational framework in legal positivism that seeks to understand law purely as a system of norms, free from external influences like politics, morality, or social sciences. Kelsen’s approach emphasizes the hierarchical structure of legal systems, viewing law
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Social Contract Theory
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
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Leon Duguit’s concept of Social Solidarity
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
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Diplomatic Immunity: Privilege or Peril?
Diplomatic immunity, while essential for maintaining international relations, can pose challenges. Rooted in the Vienna Convention, it grants diplomats protection from legal actions, aiming to prevent arbitrary detentions and harassment. However, this privilege isn’t absolute. Cases like Devyani Kho
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Layering of companies and restriction
The Companies (Restriction on Number of Layers) Rules, 2017, restrict Indian companies from creating structures with more than two layers of subsidiaries to prevent misuse and ensure transparency. While these rules aim to curb black money and shell companies, they have been criticized for potentiall