Legal Research

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Companies Act 2013

The Companies Act 2013 is an Act of the Parliament of India which regulates incorporation of a company, responsibilities of a company, directors, dissolution of a company. The 2013 Act is divided into 29 chapters containing 470 sections as against 658 Sections in the Companies Act, 1956 and has 7 schedules. The Act has replaced The Companies Act, 1956 (in a partial manner) after receiving the assent of the President of India on 29 August 2013. The Act came into force on 12 September 2013 with few changes like earlier private companies' maximum number of members was 50 and now it will be 200. A new term of “One Person Company” is included in this act that will be a private company and with only 98 provisions of the Act notified. A total of another 184 sections came into force from 1 April 2014.

Key Highlights of Indian Companies Act 2013

The maximum number of members (shareholders) permitted for a Private Limited Company is increased to 200 from 50.

One-Person company.

Section 135 of the Act which deals with Corporate Social Responsibility.

Company Law Tribunal and Company Law Appellate Tribunal.

There are various kinds of companies like public, private or government-owned that operate in a country. Depending on their particular nature suitable rules and regulations have to be formulated for each kind of company. Every country has specific rules and regulations applicable to home-grown companies. Similarly, a company operating in a country other than its home country is required to follow the rules and regulation of the given local area of operation and the home country where it was originally incorporated. In India, a foreign company is mandated to follow special or modified provisions as compared to a domestic company. For instance, a foreign company at the time of making investment in India or setting up an office is required to comply with the Foreign Exchange Management Act (FEMA). Similarly, if the foreign company is involved in selling goods or providing services then it is required to comply with the Indian tax laws.

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Environment Protection Act

No doubt, the kind of comforts and luxury a human being can experience in today’s time was never before. The technology is a boon to the urbanites. However We are currently going through a rapid change where machinery advancements are going faster. . It has been evidenced by increasing pollution, the loss of biodiversity, loss of vegetal cover, growing risks of environmental accidents and also the harmful chemicals in the ambient atmosphere has possessed a threat to the environment.

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The Consumer Protection Act 1986 enhanced the judgmental power of consumers, by making them understand what is right and wrong and undertake the right decisions.

An Act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers' disputes and for matters connected therewith or incidental thereto

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Indra Sawhney & Others Vs. Union of India & Others Judgment Dated 16-11-1992 of Supreme Court of India having citation 1993 (1) SCT 448 (SC) , AIR 1993 SC 477 , 1992 Supp (3) SCC 217 , 1992 Supp (2) SCR 454 , include bench Judge HON'BLE CHIEF JUSTICE MR. M.H. KANIAHON'BLE MR. JUSTICE M.N. VENKATACHALIAHHON'BLE MR. JUSTICE S.R. PANDIANHON'BLE DR. JUSTICE T.K. THOMMENHON'BLE MR. JUSTICE P.B. SAWANTHON'BLE MR. JUSTICE B.P. JEEVAN REDDYHON'BLE MR. JUSTICE A.M. AHMADIHON'BLE MR. JUSTICE KULDIP SINGHHON'BLE MR. JUSTICE R.M. SAHAI having Advocates For the Appearing Parties K.K. Venugopal, N.A. Palkhiwala, P.P. Ra, Shyamala Pappu, Senior Advocate, Hingorani Mehta, K.L. Sharma, S.M. Ashri, Vishal Jeet, K.N. Rao, Col. Dr. D.M. Khana, K. Parasaran, Sr. Advocates, Rajiv Dhawan, R.K. Garg, Shiv Pujan Singh, S. Siva Subramaniam, Poti, Rani Jethmalani, Advocates.

Read Judgement of Indra Sawhney & Others Vs. Union of India & Others -  Legitquest

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The legal profession has always been considered a noble profession. It is an integral part of society as it reflects the accepted code of conduct that is prescribed or formally recognized by the community.

Every young law aspirant who has attended law school is ushered into the fraternity with the opening lines in their orientation programme, “Welcome to this noble profession”. A question thus arises as to why the legal profession is considered to be noble.

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Arnesh Kumar Vs. State Of Bihar Judgment Dated 02-07-2014 of Supreme Court of India having citation (2014) 2 ALT CRL. 457 (SC) , (2014) 210 DLT 599 (SC) , (2014) 2 GLR 1848 , 2014 (3) ACR 2670 (SC) , (2014) 3 KLJ 330 , (2014) 86 ACC 568 , AIR 2014 SC 2756 , 2014 (II) DMC 546 SC , 2014 (3) KHC 69 , 2014 (3) J.L.J.R. 313 , (2014) CRILJ 3707 , 2014 3 Bom CR CRI 362 , 2014 (VII) AD SC 697 , (2014) 2 GLH 547 , 2014 Supp (4) CHN 73 (SC) , 2014 (III) CCR 144 (SC) , (2014) 8 SCC 273 , 2014 (3) MLJ (CRL) 353 SC , (2014) 3 PLJR 314 , 2014 (6) SCJ 219 , 2014 (4) MPHT 81 (SC) , 2014 (3) JCC 1529 , (2014) 3 RCR (CRIMINAL) 527 , (2015) 1 LW CRL 318 , (2014) 3 RLW 2171 (SC) , JT 2014 (7) SC 527 , (2014) 3 KLT 143 (SC) , (2014) 3 KCCR 1977 (SC) , 2014 (IV) MPJR (SC) 55 , 2014 (8) SCALE 250 , include bench Judge HON'BLE MR. JUSTICE CHANDRAMAULI KR. PRASADHON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE having Advocates For the Petitioner Rakesh Kumar, Kaushal Yadav, Advocates. For the Respondents Rudreshwar Singh, Samir Ali Khan, Aparna Jha, Braj K. Mishra, Abhishek Yadav, Advocates.

Know about Arnesh Kumar v. State Of Bihar Case -  Legitquest

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IMPORTANCE OF INDIAN CASE LAWS AND THE ISSUES AND CHALLENGES FACED BY LAWYERS

Lawyers are social engineers, who steer the path for justice and social development. Therefore, the role of lawyers cannot be undermined in society. The history of India, especially during the freedom struggle and post-independence, clearly showcases the impact legal professionals have on the nation. With great power comes great responsibility, and thus lawyers have to equip themselves with specific skill sets to face the challenges of professional life.

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Importance of Legal Research for Law Professionals

If you are a lawyer, a law student or even someone working in a law office, chances are you hear the term ‘legal research’ on a daily basis. Contrary to layman belief, it is not limited to finding the law. It is the analyzing of the information that is at one’s disposal, that is, finding, understanding and applying of law.

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Right to information act

Popularly known as Right to Information Act, Right to information is a fundamental right under article 19(a) of our constitution. The article 19(1)(a) explains that every citizen has the freedom of speech and expression.