If a person dies without a will (intestate), their property is distributed according to the laws of intestate succession, which vary by jurisdiction. Generally, the closest living relatives, such as a spouse, children, parents, and siblings, are the first in line to inherit. The exact order and proportions of inheritance are determined by the specific laws of the relevant jurisdiction.
Posted on Jun 27, 2025
If a company's board resolution is questioned in a civil suit, the company should be prepared to produce the minutes of the board meeting where the resolution was passed, and the authorized representative should be ready to be cross-examined on its validity. Failure to produce the minutes or demonstrate the resolution's legitimacy can weaken the company's case.
Posted on Jun 24, 2025
The rule against perpetuities is a legal principle that prevents property from being tied up indefinitely in the future. It ensures that property ownership must eventually vest within a reasonable timeframe, not forever, promoting free transfer and commerce.
Posted on Jun 24, 2025
A Magistrate's power to remand an accused under Section 167 of the Code of Criminal Procedure (CrPC) primarily involves authorizing the detention of the accused in either police custody or judicial custody. This power is exercised when the police require more than 24 hours to complete the investigation, and the Magistrate must be satisfied that there are reasonable grounds for such detention.
Posted on Jun 24, 2025
The rule of law dictates that everyone, including the government, is subject to and accountable under the law. In the Indian Constitution, this principle is upheld through various provisions, most notably Article 14 which ensures equality before the law and equal protection of the law, and the fundamental rights guaranteed to all citizens.
Posted on Jun 24, 2025
Section 56 of the Code of Civil Procedure, 1908, prohibits the arrest and detention of women in execution of a decree for the payment of money. It explicitly states that the court shall not order the arrest or detention of a woman in civil prison for failing to pay a money decree.
Posted on Jun 24, 2025
Guardianship laws play a crucial role in safeguarding the well-being of minors and vulnerable individuals by providing a legal framework for their care and protection. These laws ensure that someone is legally responsible for making decisions on behalf of those who cannot make them for themselves, whether due to age, disability, or other incapacities.
Posted on Jun 24, 2025
The exclusionary rule in criminal cases prevents illegally obtained evidence from being used in court, impacting prosecution strategies and potentially leading to case dismissals or reduced charges. It serves as a crucial safeguard against police misconduct and protects individuals' constitutional rights, particularly those related to unreasonable searches and seizures.
Posted on Jun 24, 2025
A company can issue equity shares (also known as ordinary shares) and preference shares, with equity shares being the most common. Equity shares offer voting rights and a claim on profits through dividends, while preference shares offer a fixed dividend and priority in dividend payments and liquidation. Some companies may also issue specialized shares like redeemable, convertible, or treasury shares.
Posted on Jun 24, 2025
After incorporation, a company gains the legal status of a separate legal entity, distinct from its owners (shareholders). This means the company can own property, enter into contracts, sue or be sued, and has perpetual succession, all in its own name. It's essentially treated as an artificial person under the law.
Posted on Jun 24, 2025
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