The National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) are quasi-judicial bodies with distinct powers and jurisdictions related to company law matters in India. NCLT handles initial filings and disputes, while NCLAT serves as an appellate body for NCLT's decisions and has jurisdiction over other related matters.
Posted on Jun 24, 2025
The Articles of Association (AoA) outlines the internal rules and regulations for managing a company, while the Memorandum of Association (MoA) defines the company's scope, objectives, and relationship with external stakeholders. In simpler terms, the MoA is the company's constitution, while the AoA is its rulebook for internal operations.
Posted on Jun 24, 2025
The doctrine of ultra vires, derived from Latin meaning "beyond the powers," is a fundamental principle in corporate law that dictates that any action or transaction conducted by a company outside the scope of its defined objectives and powers, as stated in its constitution or charter, is considered void and unenforceable. This doctrine primarily serves to protect shareholders and creditors by ensuring that a company's activities remain within the boundaries of its authorized powers.
Posted on Jun 24, 2025
The "separate legal entity" doctrine, established by the case Salomon v. Salomon & Co. Ltd, holds that a company is a distinct legal person, separate from its owners (shareholders) and those who manage it (directors). This means the company can own assets, incur debts, sue, and be sued, independently of its members. In Salomon v. Salomon, the House of Lords affirmed that a company is a separate legal entity, even when owned and controlled by a single person, like Mr. Salomon.
Posted on Jun 24, 2025
A private company must have a minimum of two directors, while a public company requires a minimum of three directors. These requirements are stipulated by the Companies Act, 2013.
Posted on Jun 24, 2025
The doctrine of basic structure, established by the Indian Supreme Court, limits the power of constitutional amendments by stating that certain fundamental features of the Constitution cannot be altered or destroyed through amendments. This means while Parliament can amend the Constitution under Article 368, it cannot touch the core, unamendable elements that define the Constitution's identity and foundational principles.
Posted on Jun 24, 2025
The principle of separation of powers, which divides governmental authority among the legislative, executive, and judicial branches, is enforced judicially through judicial review. The judiciary can review the actions of the other two branches to ensure they are acting within their constitutional limits, and can strike down laws or actions that are deemed unconstitutional. While the judiciary is independent, it is also subject to checks and balances by the other branches.
Posted on Jun 24, 2025
Judicial review of ordinances issued by the President or Governors is a limited but established aspect of constitutional law in India. While the power to promulgate ordinances is granted to the executive, it's not absolute and is subject to judicial scrutiny. The courts can review ordinances on grounds such as mala fides, irrationality, and if they are designed to circumvent the legislative process. The key question is whether the executive acted within the constitutional framework and with proper justification.
Posted on Jun 24, 2025
The relationship between Directive Principles of State Policy (DPSPs) and Fundamental Rights (FRs) in the Indian Constitution is complex and has evolved through judicial interpretation. Initially, in cases like Champakam Dorairajan, the Supreme Court favored FRs, stating they would prevail in case of conflict. However, later landmark cases like Kesavananda Bharati recognized the complementary nature of FRs and DPSPs, emphasizing that both aim to establish a welfare state. The courts now strive to interpret them harmoniously, acknowledging their shared goal of social justice.
Posted on Jun 24, 2025
No, Parliament cannot delegate its essential legislative functions. While Parliament can delegate some law-making power to other bodies (like the executive or administrative agencies), it cannot delegate the core, fundamental aspects of lawmaking, which are considered "essential legislative functions". This principle is rooted in the concept of separation of powers and ensures that the legislature retains ultimate control over the policy and principles of the law.
Posted on Jun 24, 2025
Quick Contact
Copyright ©2025 Lawvs.com | All Rights Reserved