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. Sections 40 to 44 of the Indian Evidence Act deals with the judgments of courts of justice when relevant. Judgments in rem: […]
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 […]
The Act makes elaborate provisions for maintenance of health of the workers, their safety and welfare. For good health of the workers. The Act has made provisions regarding cleanliness, effective disposal of wastes, ventilation, temperature, removal of dust and fume and checking overcrowding, etc. For safety of the workers, the Act imposes obligation on occupiers […]
Factory forms an important part of the economy. ‘Factory’ is such a wide term that it requires special provisions to carry on all activities smoothly. In general terms ‘Factory’ is a building or buildings where people use machines to produce goods. But whenever a thing becomes extremely complex and important, general terms are no longer […]
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 […]
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 […]
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 […]