In this article we shall study functions, rights, duties and liabilities of promoters. 1.Who is a Promoter? According to Section 2 (69) of the Companies Act, 2013 “Promoter” means a person— (a) who has been named as such in a prospectus or is identified by the company in the annual return referred to in section […]
Category: Law
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Incorporation of Company (Intro)
1. Explain the advantage of incorporation of a company OR, Enumerate and explain salient features of a company. Following are the advantages or the salient features of a company: Separate Legal Existence: A company is a legal person in the eyes of law. It is an artificial person or a juristic person. A company is […]
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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 company can only be only wound up. The winding up is the process oi putting […]
Following are frequently asked questions on the Foreign Exchange Management Act, 1999 1. Define import under FEMA, 1999. According to Section 2 (p) of Foreign Exchange Management Act, 1999 “import”, with its grammatical variations and cognate expressions, means bringing into India any goods or services. 2. Define person resident outside India. According to Section […]
Section 24 to 30 of Indian Evidence Act deal with relevancy of `Confession’ in criminal proceeding. The term “Confession” has not been defined in Indian Evidence Act. In simple words `confession’ means admission or acknowledgement of guilt by person accused of crime. Sir Stephen in his Digest of the Law of Evidence has defined that […]
According to Section 17 of the Indian Evidence Act, 1872 an admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned. Section 17 IEA defines […]
The term sati means the Hindu practice of widow burning or the burning of the living widow with the corpse of her husband as a token of her love and devotion to her husband. In Sanskrit, the word sati is derived as a feminine noun from sat, which means goodness, virtue, truth. The word sati thus means a good and virtuous woman, […]
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Law and Social Changes
‘Law’ signifies a rule applied indiscriminately to all actions. The term “Law’ denotes different kinds of rules and Principles. ‘Law’ denotes the whole process by which organized society, through government bodies and personnel (Law-makers, Courts, Tribunals, Law Enforcement Agencies and Executive, Penal and corrective Institutions etc.) attempt to apply rules and regulations to establish and […]
Object of Section 11 of the Indian Evidence Act, 1872 is to admit those facts which will help in sorting fact in issue even though they are irrelevant and this section enlarges the scope of admission of relevant facts. But limitation is put by the provisions of section 5 to section 55 i.e., if that […]
Section 10 deals with the admissibility of evidence in a conspiracy case and is based on the theory of implied agency i.e. every conspirator is an agent of this association in carrying out the objects of the conspiracy. The special feature of the section is that anything said or done or written by any member […]