Introduction. India is the largest democracy of the world, and at the foundation of this largest democracy, lies the world’s longest written Constitution. Along with the federal democratic system, the Constitution of India also lies at the bedrock of Indian judiciary. All the laws formed and implemented in the jurisdiction of India, gain their basis
Introduction. Section 44 of the Companies Act 2013 (‘the Act’) states that, the shares of the company are movable property and are transferable in the manner provided in the Articles of Association (‘AOA’) of the company. These words ‘transferable in the manner provided in the articles of the company,’ are of very much importance especially
Introduction. When it comes to interpretating the law and resolving any confusion related to legal provision, the court’s judgement play a crucial role., The judiciary’s fundamental duty is to interpret the law to ensure justice. Consequently, court judgments serve as the most authoritative interpretations of legal principles. Landmark judgments set by courts are considered precedents
Introduction. With beginning of new fiscal year, there has begun a new cycle of compliances. Considering the lengthy list of compliances, a compliance calendar proves to be a useful tool for the secretarial teams of companies. A compliance calendar is a date wise list of compliances to be undertaken during the year. The compliance calendar
Introduction: With the beginning of the new fiscal year, there has begun a new cycle of compliances. Considering the lengthy list of compliances, a compliance calendar proves to be a useful tool for the secretarial teams of companies. A compliance calendar is a date wise list of compliances to be undertaken during the year. The
Introduction. Since the time of very origin of law, the basic concept of law is that, only the actual wrong doer should be punished and not the innocent one. However, as far as the law of torts is concerned, there can be found an exception to this basic principle of law. In general parlance, torts
Introduction. After International Financial Reporting Standards have laid importance on reporting of beneficial owners of corporate entities, the regulators across the world have become vigilant in this behalf. In India, the Ministry of Corporate Affairs (‘MCA’) is taking multiple steps to ensure proper disclosure of beneficial interest in the company by the shareholders. In its
Introduction. As far as the corporate structure of business is concerned, the most important feature is that the company is owned by shareholders and is managed by the board of directors appointed by the shareholders. Even though the board manages the company, the owners of the company, that is, shareholders have control over the company
‘Shareholders are de jure owners, and directors are de facto owners in a company’. This is an old saying explaining the position of shareholders and directors in a company. But off late, with more and more complex corporate structures being introduced in the capital markets for owning shares in a company, regulatory focus has been
introduction. With a view to enhance the cashflow management and financial growth of Micro, Small and Medium enterprises (MSMEs), section 15 of Micro Small and Medium Enterprises Development Act 2006 (MSMED Act 2006) mandates all the businesses who buy goods and services from MSMEs to make payment to such MSMEs within 45 days from date