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like any juristic person, a company is a legal entity, apart from it's members? Capable of rights and duties of its own. Elucidate this statement.

  Certainly, the concept of a company as a juristic person, also known as a legal person or legal entity, is a fundamental principle in corporate law. It means that a company is treated as a distinct entity separate from its individual members (shareholders or owners). This principle has several key implications: 1. Separate Legal Existence: A company, once incorporated, is recognized as having its own separate legal existence. It can enter into contracts, own property, sue and be sued, and engage in various legal activities in its own name. This is distinct from the individuals who own or manage the company. 2. Limited Liability: One of the primary advantages of forming a company, especially a corporation, is the concept of limited liability. Shareholders are generally not personally liable for the company's debts and legal obligations. The company itself is responsible for its own debts, which helps protect the personal assets of its members. 3. Rights and Duties: Just like...
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Case Summary: D.K. Basu vs. State of West Bengal

 The DK Basu v. State of West Bengal case is a landmark judgment by the Supreme Court of India that deals with the issue of custodial torture and the rights of arrested persons. The case is named after Dr. D.K. Basu, a renowned physician and human rights activist, who filed a public interest litigation (PIL) seeking guidelines to prevent custodial violence and protect the fundamental rights of individuals in police custody. Here's a summary of the DK Basu v. State of West Bengal case: Background: In 1986, Dr. D.K. Basu filed a PIL in the Supreme Court of India, highlighting the rampant incidents of custodial violence and torture by the police in India. The petition sought to address the violation of fundamental rights guaranteed under Articles 21 (Right to Life and Personal Liberty) and 22 (Protection against Arrest and Detention) of the Indian Constitution. Key Arguments: 1. Dr. Basu argued that custodial violence and torture were prevalent in India and that it violated the fundam...

What is Conceptual Position of Federalism ? Challenges before the Indian Federalism and Nature of Indian Constitution. Explain Cooperative Federalism.

  Conceptual Position of Federalism Federalism is a political system where power is divided between the central government and the constituent units (usually states or provinces) that make up the country. The central government and the constituent units have their own distinct powers, and neither can interfere with the other's constitutional responsibilities. At its core, federalism represents a balance between centralization and decentralization. The central government has certain powers that are essential for governing the country as a whole, such as defense, foreign policy, and national security. At the same time, the constituent units have certain powers and responsibilities that are better handled at the local level, such as education, healthcare, and law and order. Federalism is often seen as a way to promote democracy and diversity. By devolving power to the constituent units, federalism allows for greater representation and participation in the political process. It a...

What is Research ?

 Research is derived from a french word 'recerch' meaning 'to search' and a Latin word 'circare' meaning 'to go round in a circle'.  RESEARCH STAND FOR AS FOLLOWING :  'R'- stand for 'rational way of thingking' 'E'-stand for 'expert and exhaustive treatment' 'S'-stand for ' search for solution'  'E'-stand for ' exactness' 'A'-stand for ' analytical analysis of adequate data' 'R'-stand for ' relationship between facts and theories' 'C'-stand for ' (a) Construtive attitude; (b) critical observation; (c) condensed and complactly stated generalisation; (d) cautions and careful recording'  'H' -stand for 'honesty and hard work in all aspets of the treatment of data' Definition of Research  According to webster's Internaional Dictionary, "Research is a careful, critical inquiry or explanation in seeking facts or principal; di...

what is void and voidable and invalid marriage in Hindu Marriage Act.

 Void Marriage is define under section 11 Hindu Marriage Act 1955. 11. Void marriages.—Any marriage solemnised after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto 2 [against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v) of section 5. Null and void marriage as per clause (1) Bigamy and Clause (iv) Sapind Marriage and clause (v) Prohibition relationship marriage . Section 125 Crpc void marriage wife can not ask for maintenance however voidable marriage can ask for maintenance.  Voidable Marriage is define under section 12 of Hindu marriage Act 1955. 12. Voidable marriages.—(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:— 3 [(a) that the marriage has not been consummated owing to the imporenc...

Testamentary Succession in Hindu Succession Act 1956 with 2005 amendment.

30 Testamentary succession . —  6  [***] Any Hindu may dispose of by will or other testamentary disposition any property, which is capable of being so  7  [disposed of by him or by her], in accordance with the provisions of the Indian Succession Act, 1925 (39 of 1925), or any other law for the time being in force and applicable to Hindus.  Explanation.— The interest of a male Hindu in a Mitakshara coparcenary property or the interest of a member of a tarwad, tavazhi, illom, kutumba or kavaru in the property of the tarwad, tavazhi, illom, kutumba or kavaru shall notwithstanding anything contained in this Act or in any other law for the time being in force, be deemed to be property capable of being disposed of by him or by her within the meaning of this  8  [section.]  9  [***] Testamentary disposition of property was never appreciated or allowed by any personal law because every personal law tent to safe guard it's property the only exception ...

Delhi HC quashes FIR against law student for appearing as proxy counsel in trial court

A bench of Justice Anish Dayal was hearing a plea seeking quashing of the order passed by the Metropolitan Magistrate, Dwarka Court, New Delhi. In this case, the petitioner, who is a first year law student, had instructions from Ms. Chandni, an advocate, to appear before the court in two cases to take adjournments. When she appeared before the Metropolitan Magistrate and was asked some questions about the matter, she remained silent as she was only directed to take an adjournment and was not aware of the matter. Further, it is alleged by the petitioner that she is a Hindi medium student and has no knowledge of technical legal terminologies and therefore, could not understand what the Metropolitan Magistrate was asking. The Metropolitan Magistrate by order dated 20th August, 2022 took cognizance under Section 177/179 IPC against the petitioner. An FIR was registered against him under section 419/209 of IPC. 177. Furnishing false information. —Whoever, being legally bound to furnish info...