Ashok Kumar Oswal v. Panchsheel Textiles Mfg

Introduction The basic principle governing the management of a corporation’s affairs is that “the courts will not, in general, intervene at the request of shareholders in matters of internal administration; and will not interfere with the management of a corporation…

Why White- Collar Crimes Are Dangerous?

White-collar crime was first defined in the year 1939, by a sociologist and most influential criminologist of the 20th century, Edwin Hardin Sutherland, as “crimes committed by people who enjoy the high social status, great repute, and respectability in their occupation”. Associated with the corporate sector, white-collar crimes are defined as non-violent crimes, generally committed by businessmen and government professionals. In layman language, crimes committed by people who acquire influential positions in a company are termed white-collar crimes. India is a developing country and white-collar crimes are becoming a significant factor for its underdevelopment. The trend of white-collar crimes in India poses a threat to the economic development of the country. These crimes require prompt intervention by the government by not only making stringent laws but also ensuring their effective implementation.

Which Company Has To Appoint Nominee Directors?

Meaning and concept of a nominee director  A nominee director is a person appointed to the board of directors of a corporation by an institution, such as a bank or a financial institution, in which the institution has an interest.…

Which Companies Should Be Audited?

What is Audit?  “Audit” means to examine something thoroughly. “Auditing is an independent inspection of the financial information of any organization; whether profit-oriented or not profit-oriented, irrespective of its legal form, status or size when such examination is conducted with…

Principles of Corporate Governance

“Corporate governance involves a set of relationships between a company’s management, its board, its shareholders and other stakeholders. Corporate governance also provides the structure through which the objectives of the company are set, and the means of attaining those objectives and monitoring performance…

Murli S. Deora v. Union of India & Ors. 

Case no. Writ Petition(Civil) 316 of 199 Introduction According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme importance in a democratic society.” Iyer, J., has characterized Article 21 as “the procedural Magna Carta protective of life and liberty. This…

Most common crimes committed by Corporations

Abstract In White collar crime, Corporate Crime is also classified as Organizational or Occupational Crime. The offence committed by the Corporation, as a separate legal body, varies from that of a normal individual, and the Corporation is responsible and guilty…

M.C. Mehta Vs. Kamal Nath

Equivalent Citations: (1997)1 SCC 388 Introduction The Doctrine of Public Trust, which has its origin in the Roman Law, primarily rests on the principle that certain resources including air, sea, waters and the forests have such a great importance to…

Main goal of Corporate Social Responsibility

The word “corporate social responsibility” (CSR) refers to a company’s attempts to enhance society in any way. These activities can vary from charitable contributions to the adoption of environmentally sustainable workplace policies. CSR has an effect on corporations, charities, and…

Is the director owner of the Company ?

A company acts via two bodies of people, namely, its shareholders and its board of directors.  A shareholder, also known as a member of the company, can be an individual, company, or institution that owns at least a single share…

Is section 184 applicable to Private Companies ?

Introduction Section 184 of the Companies Act enumerates provisions regarding ‘Disclosure of interest by directors’. The doctrine behind Section 184 is to ensure that the Directors abstain themselves from making a decision in relation to contracts or agreement wherein there…