• Companies Act 2006
    could initiate proceedings against a director under common law. The rule in Foss v Harbottle11 is about locus standi. In this case minority shareholders brought an action against directors in order to make them make amends to the company for their fraudulent acts. The court dismissed that action...
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  • Auction of Natural Resourses
    Kumar & Ors. Vs. Union of India43, this Court held thus: “59. But, in E.P. Royappa v. State of T. N. Bhagwati, J laid down another test for purposes of Article 14. It was stated that if the administrative action was “arbitrary”, it could be struck down under Article 14. This principle is now uniformly...
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  • Definitions of Law
    responsible of ordinary law whether a public officer or a private citizen and the private rights be safeguarded by the ordinary law. This can be achieved by the separation of powers of the organs of the state. Any country should observe what the rule of law requires. In Kenya the rule of law prevails...
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  • Notes
    to compensation. They can simultaneously claim compensation. Widowed mother, widow, minor legitimate or adopted son, unmarried legitimate or adopted daughter. In this case it is irrelevant whether they are fully or partially dependent on the earnings of the workman. Legitimate son or daughter if...
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  • Right to Know and Right to Privacy
    to protect privacy was articulated as early as 1890 when an article titled The Right to Privacy was published by Warren and Brandies in Harvard Law Review. This article laid the foundation of privacy right in the USA. Though there were hundreds of cases related to right to privacy came to the courts...
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  • Natural Justice and Biasness
    quo with other members cannot be eliminated. Ashok Kumar Yadav Vs. State of Haryana Issue- Whether the selection of candidate would vitiate for bias if close relative of a members of the Public Service Commission is appearing for selection? Held The SC laid down the following...
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  • Company Law
    what situations may the corporate veil be lifted? ~ Common law (ie, judge-made) exceptions to corporate personality This is a complicated area as the cases addressing the issue cover many different situations, and the judicial decisions have often been often thinly-reasoned and inconsistent. For...
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  • Corporate Veil
    ) This theory is present in the common law of the famous case of “Salomon Vs Salomon and Co Ltd.” Salomon and six other colleagues of his folk subscribed to the conglomerate’s memorandum for one share each, and the conglomerate then appointed two of his sons to its management board. The conglomerate...
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  • Blahblah
    Code: Article 36 (psychological incapacity -- no longer has a prescriptive period) A case where this is the ground may be filed regardless of whether the marriage has been celebrated before or after August 3, 2004. Article 2-6 • Chi Ming Tsoi vs. CA – procreation as one of the essential marital...
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  • International Commercial Transaction
    ] Petitioner contends that the courts below improperly relied on the “independence principle” on letters of credit when this case falls squarely within the “fraud exception rule.” Respondent LHC deliberately misrepresented the supposed existence of delay despite its knowledge that the issue was still...
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  • Aryan Jangid Sms
    dk o.kZu dhft, Discuss the facts, arguments of the parties,decision of the court and principle of law laid down is a) State of gujrat v/s maman mohd AIR 1967 S.C. 1885 (b) Patnaik and com. v/s state of orrissa AIR 1965 S.C.1 1- LVsV vkQ xqtjkr cuke eseu eksgEen 2- iVuk;d...
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  • Intellectual Property
    copyright as literary works 'within the meaning of the Berne Convention for the Protection of Literary and Artistic Works' (Art. 1.1). It laid down that 'Protection in accordance with this Directive shall apply to the expression in any form of a computer program. Ideas and principles which underlie...
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  • Criminal Law Summary
    +) Issue: According to s.265(3) consent is vitiated by fraud. ( Is non-disclosure in this case considered fraud pursuant to s.265(3). Held: guilty – aggravated assault • Cory: Non-disclosure is fraud that can vitiate consent but must be significant risk of bodily harm. • L’HD: focused on whether...
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  • Memorial- Sample
    challenges were rejected. Against the decision appeal was filed in the Supreme Court in the case of Dattatraya Govind Vs State of Maharashtra (1977 2 SCR 790). But those appeals were also dismissed on reasons stated by the Court. This judgment of Duttatraya case was delivered during emergency. As...
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  • Socio Economic distributive justice
    . Article 16(4) for a long time was understood as an exception to the principle of non discrimination embodied in clause (1) of that Article. Very explicitly this was declared by Supreme Court in T.Devadasan Vs Union of India36 :“A proviso or an exception under Article 16(4) cannot be so interpreted as...
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  • Company Contracts and Doctrine of Ultra Vires, a Comparison of Uk and Pakistani Company Lawa
    vires or not in a case in 1932. These principles are laid down below, • “Is the transaction reasonably incidental to the carrying on the company’s business? • Is the transaction a bona fide one? • Is it carried out for the benefit and to promote the prosperity of the company[32...
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  • Right to Information Bill
    ‘right to know’ was formally laid down by Justice K. K. Mathew, in the case, State of Uttar Pradesh Vs. Raj Narain [6] . The official communication between the then Prime Minister Smt. Indira Gandhi and the Chief Minister of U.P., instructions for protecting the Prime Minister was not produced before...
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  • EMERGING PROPERTY REGIMES IN INDIA: WHAT IT HOLDS FOR THE FUTURE OF SOCIO-ECONOMIC RIGHTS?
    (1998) work on Tragedy of Anticommons have been responsible for expanding the size of ownership groups for developing regimes of ‗individual use‘, ‗collective use‘ and ‗open space vs commons‘8, using these principles of use rights and exclusion rights. Though this genre of work is extremely useful...
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  • Yahoo
    vide its O.M.No. dated 2.7.97. These instructions were issued, in pursuance of the law laid down by the Hon’ble Supreme Court in the matter of R.K.Sabharwal Vs. State of Punjab (AIR 1995 SC 1371) as well as J.C.Mallick Vs. Ministry of Railways (1978 (1) SLR). We will learn how to prepare the ‘post...
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  • Piercing the Corporate Veil
    legal personalities within a company and regard the company as a single economic entity. Marguerite Gallagher in her recent article stated that "This approach is not considered to be a departure from the principle as laid down in the Salomon case but rather is regarded as an application of that...
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