A company upon its inception or incorporation records the foundation upon which it is built which means that it records the objectives that it has, founding members and importantly its authorized share capital in its charter documents. All the things, figures are recorded in the documents that a company holds. The definition of the “Authorised share capital in the Companies Act, 2013 has been enumerated as the maximum amount of the share capital as authorised or which is authorised by the company's memorandum i.e. the maximum value of the shares that the company may issue or in other words “authorised capital” or “nominal capital” to mean the maximum amount of share capital, as authorised by the company’s memorandum i.e. the maximum value of shares the company may issue. What this denotes is the maximum value of securities that the company can issue in a legal manner. Which means that the authorized share capital is the maximum value that a company can hold. It is a Read More
These days the trends and the practices of the Alternative Dispute Resolution are changing and they are more focused on reducing the burden of the courts and the Judiciary. The trends of having tribunals have been commenced long back with the cases such as L. Chandra Kumar v. Union of India and others, but the point to be considered is that what are the kinds of problems that one faces when it comes to the Arbitration and mediation of the cases in the real world. The most important of them are as follows: Insertion of Section(s) 29A and 29B to the ADR Act 2015 Theoretically, there have been new insertions of Sections 29A and 29B to the act which addresses the criticism of the arbitration regime. In these sections, the amendments basically focus on the arbitration tribunal giving the award or the compensation within 12 months from the date it enters upon reference plus the 6 months time with reference to the extension of time by the consent of the parties. Also while extending the Read More
Introduction India has been a country with great pride and honor from the commencement of the heroic independence that it gained. Less known are the facts of reality and the trouble that everyone has been through in those days. The depictions of pain, separation during the partition are just an insight into the horrendous massacre that happened. However, the development that India has shown since Independence is skeptical in many ways no matter how heroic and brave it has been portrayed in the eyes of the International world order. This article criticizes the growth India has been following giving a reality check into what it actually is rather than giving facts that are already known. The economic growth of India begun many years ago when most of us were not even born and therefore it has stages of development where different political entities focus on different methods of economic goals. Today India is the third largest economy in the world as per the studies till 2016 are Read More
EUTHANASIA and all that we should know. The meaning of euthanasia is the painless killing of a patient who is suffering from an incurable and afflictive disease or is in an irreversible coma. In one word the meaning of this word is ‘mercy killing’ or ‘assisted suicide’. SUPREME COURT JUDGEMENTS The Apex Court in 2011 had recognised passive euthanasia in the Aruna Ramchandra Shanbaug Vs Union of India & Ors (on 7march, 2011) case by which it had permitted withdrawal of life-sustaining treatment from patients not in a position to make an informed decision. The bench was hearing a PIL filed by NGO COMMON CAUSE, saying safeguards were needed while taking a decision by medical boards to withdraw life support of a terminally-ill patient. The Supreme Court of India recognised a “living will” (meaning, a written statement detailing a person's desires regarding future medical treatment in circumstances in which they are no longer able to express informed Read More
It could be argued that a person without professional or specialized knowledge of the law and legal institutions of India would understand the law as a system of rules, regulations, and guidelines which are lawfully enforceable. But when it comes to law as a profession, the meaning of the law is sufficiently great and notable. Law as a profession involves numerous domains such as litigation, media, IP, judicial services, academics, etc. In today’s transformed world, the tasks and duties of a lawyer are something much more than it was supposed to be years ago. In today’s era, people have got various windows of opportunities which could enable them to have a flourishing career after completing their law/LLB. Lawyers are the most desired people by various corporations and the public at large which sometimes lead to the shortfall of skillful lawyers against the demand. It is an undeniable fact that law includes multiple fields, it opens up varied possibilities for law graduates. Read More
An Outlook of the Rules and Regulations Concerning Meat Shops in the Territory of Delhi Delhi Municipal Corporation Act,1957 and Prevention of Food Adulteration Act, 1954 govern the meat shops which are present under the territory of Delhi, whereas the timings for the same are decided by Delhi Shops And Establishments Act and for the purpose of running a meat shop in Delhi, a valid trade license is a must which is regulated by the Municipal Corporation of Delhi. According to the Delhi Municipal Corporation Act 1957, the slaughterhouses and the municipal markets must be under the supervision of the commissioner and the commissioner possesses the authority to come up with the direction of shutting down a meat shop by a public notice. It is not allowed for any person to get involved the transactions concerning sale and purchase of any animal without owning a valid license issued by the commissioner. If any person or shop is found to be involved in the business of selling and Read More
The Immoral Traffic (Prevention) Act does not make prostitution as such a criminal offence or penalize an individual because of the fact that the person is a prostitute himself or herself. The rationale of the enactment is to slow down or stop commercialized sexual abuse and mistreatment and the trafficking of people as a well-thought-out means of livelihood. The target is being tried to be achieved by two major strategies or plans, to be precise, by gruelling those who are responsible for such behaviour and by rehabilitating and rescuing the victims of such abuse. Prostitution under this Act is described as the sexual mistreatment or cruelty of person for business-related purposes and the term ‘prostitute” must be construed consequently. This description is wider and involves sexual misuse and ill-treatment of any individual, be it female, eunuch, or male for a business-related reason. This Act has also brought the idea of child victims as opposed to the concept of minors and Read More
This article discusses about the states which regulate the professional tax. For this we need to know what is the meaning of the term professional tax. This article discusses in detail the various states which have the professional tax imposed on its citizens and the various states which do not have the professional tax applicable to them. Professional Tax What is a professional tax? Who all have to pay it and what is the criterion of payment? All this is discussed in this article and make sure you read it to gather whole lot of information at the same place. Professional Tax or the profession tax is the tax which is imposed by the State government in India. Anyone who is doing a profession has to pay a tax for the same for example if you are a chartered accountant, company secretary, lawyer, doctor etc. you are required to pay a tax for it. Different countries or states have different method of profession tax collection but in India we do it through the state government at a Read More
Meaning and the Need of Caste Certificate A Caste certificate is certainly the most important evidence of the particular caste which a person belongs to. The caste certificate plays an even more important role for the determination of the caste of a person in case he/she asserts to belong from the backward castes which include Other Backward Castes (OBC), Scheduled Castes (SC) and Scheduled Tribes (ST) as mentioned in the Constitution of India. The government observed the requirement of some special and particular opportunities and encouragement for the backward castes in order to make them capable enough for progressing and developing at the similar rapidity as the rest of the countrymen (so-called forward people). As an outcome of this, there is an existence of some unique privileges provided to the people of this category (OBC, SC, ST) as a part and parcel of the Protective Discrimination of the Indian System. These privileges include reservation of seats in the Read More
Overview of the Government facilities to the Women Prisoners It is very difficult for a common and ordinary person to analyze the highness of the difficulties which are faced by the children of the people or the convicts who are behind the bars. At times those children are compelled to live their lives in such a way which would come under the definition of the most unpleasing and hateful lifestyle for most of us. As per the provisions of the Constitution of India, affairs concerning prisoners come under the jurisdiction of the respective states. Prisons are controlled and operated by state governments, subject to centrally made and authorized laws such as the Prisons Act, 1894. State governments have also issued and enacted various state-level prison laws, rules, regulations, and manuals. A huge segment of the population of the prison comprised of the prisoners is influenced by the first-time offenders arguably more than 90 percent, and in that too the male population Read More
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