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Laws on Women Directors in Company

This article discusses the relevant laws encouraging the appointment of women as directors in companies. This article also discusses the relevant provisions related to requisites and remuneration of women directors.

Creation of Charge under Companies Act, 2013

The article starts by defining the creation of charge and giving a brief about the money lending and borrowing system. It further analyses the types of charges along with the alteration of charges. The article goes to the extent of pointing the provisions of punishment in case of any fault made during the creation or registration of charge.

Promoters of a Company

This article studies the objectives of company to have promoters. This article studies the different types of promoters of a company and their importance in doing business.

In Court Room

Understanding Precedents

Brown versus La Trinidad, (1887) 37 Ch. D. 1

The case held that a pre-incorporation contract entered into by the companywould not bind the company, subsequent to the incorporation of the company if the conditions of the pre-incorporation agreement have not been fulfilled by the other party. In this case, the company sought to remove the plaintiff after the incorporation, whereas the agreement prohibited the same, but the company was held to be free to do so.

Secretary of State for Trade and Industry v. Deverell and another

The Learned Judge in this case, adopted a broader approach while interrelating the definition than that has been done in the previous cases, thereby opining that advice by a person that the other Directors of the company are accustomed to follow, is a sufficient basis to find someone to be a shadow director.

Radhey Shyam Khemka and Anr. Etc vs. State Of Bihar and Anr.

This judgement sets an example that prosecution cannot be quashed merely because the nature of the case appears to be civil. Therefore, the judgement has also increased the brink for quashing of prosecution under S.482 by the High Courts and ensures that there is not mass quashing of criminal proceedings.

Lee v. Lee Air Farming Ltd. (1961) A.C. 12

The case of Lee v Lee Air Farming Ltd. revolves around the principle of Separate Entity regarding the Company Law established in the landmark case of Salomon v. Salomon & Co Ltd also known as the Salomon Principle.

Macaura V. Northern Assurance Co., Ltd.

The corporator even if he holds all the shares is not the corporation, neither he nor any creditor of the company has any property legal or equitable in the assets of the corporation.

Mannalal Khetan and Ors.v. Kedar Nath Khetan and Ors.

The judgment certainly broadened the horizon of non-obstante clauses and makes them mandatory in nature. Its broad interpretation makes penalty redundant. Now, it is completely valid to assign mandatory meaning to a negatively-worded clause.

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