A judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. There are two kinds of judgments: Judgments in rem and Judgments in personam. Judgments in Rem: A judgment in rem is one pronounced upon the status of some particular person or thing and which binds […]
In this article, we shall discuss about evidentiary value of statements made under special circumstances. Section 34 IEA Entries in books of account when relevant. Entries in books of account, including those maintained in an electronic from, regularly kept in the course of business, are relevant whenever they refer to a matter into which the […]
In this article we shall study statements by persons who cannot be called witnesses particularly with respect to dying declaration. A fact to be proved by oral evidence must be stated before the court by a person who has first-hand knowledge on the facts to be proved. Second-hand evidence is loosely termed as hearsay evidence. […]
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 […]
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 […]
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, […]