Month: October 2024
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Summary Trials under BNSS (Ss. 283 to 288 of BNSS)
Law and You >Procedural Laws > BNSS > Summary Trials under BNSS (Ss. 283 to 288 of BNSS) The word “trial” is used both in civil and in Criminal matters. The process of trial as enumerated in our Indian Constitution Art. 21 and also in certain enactments is that “trial is a right of a…
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Role of Contributory in Winding up of a Company
Law and You > Corporate Laws > Companies Act, 2013 > Role of Contributory in Winding up of a Company In this article, we shall discuss the meaning of the term “winding up of a company” and the term “Contributory” used during winding up of a company. The word ‘winding-up’ is a means by which…
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Winding Up of Company
Law and You > Corporate Laws > Companies Act, 2013 > Winding Up of Company A company may be unable to pay its debts but it can’t be adjudicated insolvent as the law of insolvency does not apply to companies. Only individuals can be declared insolvent, not a body corporate. In such a case, a…
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Debentures: Meaning and Types
Law and You > Corporate Laws > Companies Act, 2013 > Debentures: Meaning and Types Debenture is an instrument issued by company acknowledging its debts to the holder under its seal. Debentures carry interest at certain percent. According to Section 2(3) of the Companies Act 2013 ‘debenture” includes debenture stock, bonds or any other instrument…
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Foss v Harbottle: Rule of Majority
Law and You > Corporate Laws > Companies Act, 2013 > Foss v Harbottle: Rule of Majority A company is a juristic person which is conferred a separate legal entity different from the members who form it i.e. members of the company. Decisions of the company are taken by the Member Shareholders and the Board…
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Meetings Under Companies Act
Law and You > Corporate Laws > Companies Act, 2013 > Meetings Under Companies Act The word “meeting” is not defined anywhere in the Companies Act. Ordinarily, a meeting may be defined as gathering, assembling or coming together of two or more persons (by previous notice or by mutual arrangement) for discussion and transaction of…
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Procedure of Incorporation of a Company
Law and You > Corporate Laws > Companies Act, 2013 > Procedure of Incorporation of a Company According to Section 2(20) of the Companies Act, 2013, a “Company means a company incorporated under this Act or under any previous company law.” In this article, we shall discuss procedure of incorporation of a company, documents required for registration, and…
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Tort Law: Characteristics, Processes and Challenges
Law and You > Law of Tort > Introduction to Tort Law The concept of tort is a fundamental aspect of civil law that addresses civil wrongs and provides a framework for individuals to seek compensation for harm caused by the actions of others. Unlike criminal law, which focuses on offenses against the state and…
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Civil Wrong and Criminal Wrong: Comparative Study
Law and You > Law of Tort > Civil Wrong and Criminal Wrong: Comparative Study Understanding the legal system requires an understanding of key legal concepts. Two important terms that often arise in legal discussions are “civil wrong” and “criminal wrong”. While both involve wrongful acts, they differ in their nature, consequences, and legal proceedings.…
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Concept of Tort and Law of Trot
Law and You > Law of Tort > Concept of Tort and Tort Law The word “Tort” is of a French origin which has been further derived from the Latin word “Tortum” meaning “to twist” and implies conduct which is tortious4or twisted. It is a species of civil injury or wrong. A tort is a wrongful…