Section 100 of the Code declares that an appeal shall lie to the High Court from every decree passed in appeal by any court subordinate to the High Court if the High Court is satisfied that the case involves a substantial question of law. The appellant has to precisely state in the memorandum of appeal the substantial question of law involved in the appeal. [click to continue…]
Since directors are in a key position to operate the company and so all the relevant and required transactions and agreements are entered into by the directors with the other parties to run the business of the company. Sometimes, in the course of such transactions, the Directors may have some personal interest in the transactions to be entered into by the company. Sometimes directors also make use of his position for their personal benefit. Since they occupy such a key position requiring trust and utmost good faith, the Companies Act, 1956 has laid down extensive provisions to prevent the misuse of rights and powers by the directors.
It is generally accepted that there are three main categories of governmental functions- (i) Legislative, (ii) Executive, and (iii) Judicial. Similarly, there are three main organs of the Government in a State- (i) Legislature, (ii) Executive, and (iii) Judiciary. According to the theory of Separation of Powers, these three powers and functions of the Government must, in a free democracy, always be kept separate and be exercised by three separate organs of the Government.
Negligence can be described as failure to take due care, as a result of which injury ensues. Negligence excludes wrongful intention since they are mutually exclusive. Carelessness is not culpable or a ground for legal liability except in those cases in which the law has imposed the duty of carefulness. The medical profession is one such section of society on which such a duty has been imposed in the strictest sense. It is not sufficient that the medical professional acted in good faith to best of his or her judgement and belief.
Generally put, an ‘innovation’ is developing a new idea and putting it into practice. As this article is focused on the competitive strategy of a private enterprise in a market-driven business environment, the term ‘innovation’ is used here to refer to the process of bringing valuable new products (goods and services) to market i.e., from the idea/concept formulation stage to the successful launching of a new or improved product in the marketplace, or the result of that process, so as to meet the explicit or implied needs of current or potential customers.
Smt. Indira Nehru Gandhi vs Shri Raj Narain And Anr is not only a case which became the immediate cause of the Emergency declared in 1976 but also deals and answers a lot of other substantial questions of law like The Rule of Law, Judicial Review and the Doctrine of Separation of Power.
I would be dealing with the case in reference to the Doctrine of Separation of Power and would only restrict myself to the issue which deals with the Doctrine.
The two articles namely ‘The False Promise of International Institutions [1] ’ authored by John J. Mearsheimer and ‘The Promise of Institutionalist Theory [2] ’ co-authored by Robert O. Keohane and Lisa L. Martin , gives the two approaches of understanding the role nature and effect of institutions over states to secure stability and peace in the world .
According to Section 137 (2) of Indian Evidence Act, 1872, the examination of a witness by the adverse party shall be called cross examination. Cross Examination of witnesses is a valuable right given to every litigant in a suit, unless he waives it, to have an opportunity of cross examining the witnesses whose testimony is used against him.
A television advertisement or television commercial, ad, or ad-film (India) is a span of television programming produced and paid for by an organization that conveys a message, typically one intended to market a product. The vast majority of television advertisements today consist of brief advertising spots, ranging in length from a few seconds to several minutes as well as program-length infomercials.
The internet has brought a revolution which can be equaled with the industrial revolution of the 19th century. The internet was launched as a communication tool for the masses but, within a few years, it became one of the most important tools of modern day communication be it for business transactions, governmental policies, social interaction etc. [click to continue…]
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