Position of Directors in a Company

Author: VS Warrier The law relating to companies in India is contained in the Companies Act, 1956. The Companies Act, 1956 is a consolidation of existing laws, statutory rules and certain principles laid down in decisions of the Courts in India and England. The Act of 1956 substantially incorporates provisions of the English Companies Act, 1948. A company means, a company formed and registered under...

Doctrine of Legitimate Expectation

Author : Sushant Rochlani The theory of Legitimate Expectation is a branch of Administrative Law. It is a concept fashioned by the Courts for the review of administrative actions. It has been accepted by the English, Irish and Indian Courts but has been out rightly rejected in Australia and Canada. The theory of Legitimate Expectation marches into operation when there is an express promise from any...

Personal Liberty and Indian Constitution

It is important to note the concept, object and scope of life and personal liberty as enshrined in Article 21 of the Constitution of India by quoting the observation of Shri K.Ramaswamy, J. in the case of Kartar Singh v. State of Punjab , . His Lordship while dealing with the constitutional validity of the draconian law i.e. Terrorist and Disruptive Activities (Prevention) Act, 1987 observed as under...

Moral Policing

Moral policing, a phrase being used to name those groups of people who have assumed self proclaimed responsibilities to improve the cultural and ethnic style of living and also to become our moral guardians. The Mangalore incident and a series of other such incidents show how this phenomenon is becoming prevalent in our country. The guarantees of liberty and freedom of expression as enshrined in...

Cr.PC and Moral Policing

Chapter VIII (Section 107 –Section 116), provides for security for keeping the peace and for good behaviour. The provisions in this Chapter which empower courts and Magistrate to obtain security from a person to prevent him from committing offences in the future are of two kinds. Firstly, security for keeping the peace, which is contemplated under Sections 106 and 107 of the Code and secondly security...