Month: September 2020

COVID-19 and Courts: Webinar

Posted on

Public Concern for Governance Trust (PCGT) in association with Vaze Model United Nations, 2020 and SVKM’s Pravin Gandhi College of Law

In a historic move, an entire bench of the Supreme Court of India conducted its first ever paperless hearing on June 1. It was a rare sight as three judges sat in a virtual court, with laptops instead of bulky case files. Lawyers were seen giving presentations via video link, with the judges typing notes.

Virtual courts in India have been an emergency, temporary response to the COVID-19 pandemic, but a section of judges and lawyers wants to include virtual courts in normal court proceedings even after the health crisis is over.

We invite you to this webinar on ” COVID-19 and Courts “

Speaker: Adv. Maneka Guruswamy

Date: 2nd October, 2020 (Friday)

Time: 12:00 pm to 1:00 pm

Venue: Zoom Communications App

Please join this group for further communications:

https://www.google.com/url?q=https://chat.whatsapp.com/EHH0QlPQ2SF0WDr7ba4fA2&sa=D&ust=1601296643458000&usg=AFQjCNGvbUQKOF-aJz-wjZzMU6qs7KiZCA

In case of any queries,

Please contact,

Campus Ambassador, PCGT

Manas Patil

+91 9967127887

Call for Blogs: Socio Legal Literary: Submissions on a Rolling Basis

Posted on

Socio Legal Literary is an online platform that brings to every person, a composite platform of knowledge and information. It is an Intersection of Law, literature and Social Issues. The aim is, to provide a platform to express and explore!

About the Blog

Submission can be made in any language on social, legal and literary issues. The Primacy in publication will be given to the manuscript which is highly analytical and deals with novel argument. With the aim to remove language barriers we suggest to submit manuscripts not only in English but also in Hindi and other regional languages.

How to Submit and General Guidelines

  1. Submit your Blog at submissionssll[at]gmail.com.
  1. Submission should be made in .docx only.
  2. References are compulsory. Any statistical data, fact or any other informative text when being used, need to have references to it in the form of footnotes/bibliography. References should be authentic to be reliable.
  3. Submissions that are plagiarized to a level of more than 15% will not be accepted.
  4. Submissions will be accepted on a rolling basis.
  5. Please save the name of the file as the ā€œTitle-Nameā€. As Anonymity is our policy, please donā€™t mention your name or institution or organizationā€™s name in the file. Please enter all your details in the body of the mail.

Eligibility

Anyone from any field can send in their blogs.

Themes

The blog can be on any topic of Law, literature or Social issue. Blogs on recent topics will be appreciated, even though thatā€™s not the sole criteria. The writing should be innovative and highlight oneā€™s research.

Fee Details

There is no registration and processing fee.

Deadlines

No deadline. Early Posts would be appreciated. Submissions would be accepted on a rolling basis.

Word Limit

1000-1500 words (exclusive of footnotes).

Formatting Guidelines

  1. Font Style: Times New Roman
  1. Heading: 12, Bold
  2. Subheading: 12, Bold
  3. Body Text: 12.
  4. Footnotes: 10
  5. Hyperlink the relevant sources.

Contact Information

In case of a query, you can contact us at submissionssll[at]gmail.com.

CLICK HERE FOR THE WEBSITE.

Salomon v Salomon

Posted on

This article has been written by Prithiv Raj Sahu, a student of KIIT School of Law, Bhubaneswar (4th year). The writer has analyzed the case of Solomon v Solomon

Separate Legal Personality (SLP) is the basic tenet on which company law is premised. Establishing the foundation of how a company exists and functions, it is perceived as, perhaps, the most profound and steady rule of corporate jurisprudence. Contrastingly, the rule of ā€œSLPā€ has experienced much turbulence historically and is one of the most litigated aspects within and across jurisdictions.1 Nonetheless, this principle, established in the epic case of Salomon v Salomon, is still much prevalent, and is conventionally celebrated as forming the core of, not only the English company law but of the universal commercial law regime.

Court: House of Lords

Decided: 16 November 1897

Citation(s): [1896] UKHL 1 [1897] AC 22

Case opinions: Lord Macnaghten, Lord Halsbury and Lord Herschell

Keywords: Corporation, separate legal personality, agency

Facts

Aaron Salomon was a leather trade man, has a sole proprietorship business. 1892, he incorporate with his sons as a limited company. Any limited company should have at least seven persons who considers as members of a company ā€œshareholdersā€. Salomon himself as a managing director, his wife, his daughter, and his four sons the company purchased for Ā£39,000, taking Ā£10,000 of them as a debt to him also at the same time he was thus simultaneously the company’s principal creditor and its principal shareholder. On the security of his debentures, Mr Salomon received an advance of Ā£5,000 from Edmund Broderip. Shares were divided as: 20,001 shares for Mr Salomon and each other subscribe take one share, each one share worth Ā£1. There was a decrease on the sales, ā€œstrikeā€.Ā  Salomon business failed. October 1893, Edmund Broderip sued Salomon to enforce his security, which makes Salomon pay back the Ā£5,000 of Edmund Broderip. The liquidator also argued that the debentures used by Mr Salomon as security for the debt were invalid, he just fraud on them. The liquidators sued Mr Salomon, since he was the one who is taking the responsibility over the company.

Issues

  1. Whether the Salomon & Co. Ltd. was a company at all?
  2. Whether in truth the artificial creation of the legislation, i.e., the company, had been validly created in the instant case?
  3. Whether Salomon was liable for the debts of the company?

Argument

The Liquidator contended that though Salomon & Co. Ltd. Was incorporated under the Act, the company never had an independent existence. It was only a one man show since all the shares except six were held by Salomon himself. The vast preponderance of shares made Salomon absolute master. The business was solely conducted for and by him and the company was mere sham and fraud.

Judgment

High Court

The judge, Vaughan Williams J. accepted this argument, ruling that since Mr Salomon had created the company solely to transfer his business to it, then the company and Salomon were one unit; the company was in reality his agent and he as principal was liable for debts to unsecured creditors.

Appeal

They confirmed what was said in the high court

House of Lords

The House of Lords unanimously overturned this decision, rejecting the arguments from agency and fraud. Salomon followed the required procedures to set the company; shares and debentures were issued. The House of Lords held that the company has been validly formed since the Act merely required 7 members holding at least one share each. There was no fraud as the company was a genuine creature of the Companies Act as there was compliance and it was in line with the requirements of the Registrar of Companies. The company is at law a different person altogether from the (shareholders); and, though it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the same hands received the profits, the company is not in law the agent of the (shareholders) or trustee for them. Nor are the (shareholders), as members, liable in any shape or form, except to the extent and in the manner provided for by the Act.

Conclusion

All in all, the Salomon ruling remains predominant and continues to underpin English company law. While sham, faƧade and fraud primarily trigger the invocation of the veil piercing exception in limited circumstances, these grounds are not exhaustive, and much is left to the discretion and interpretation of the courts on case-to-case basis.

Latest Posts

Foreign Contribution Regulation Act (FCRA)

Posted on

This article has been written by Yash Mittal whoā€™s pursuing LLB-1year from Mewar Law Institute. This article gives insights about FCRA, Its objectives, its previous and recent amendments.

A Finance Bill is a Bill that, as the name suggests, concerns the country’s finances ā€” it could be about taxes, government expenditures, government borrowings, revenues, etc. Since the Union Budget deals with these things, it is passed as a Finance Bill. The foreign contribution regulation act (FCRA) is also discussed in the finance bill.

FCRA regulates foreign donations and ensures that such contribution does not affect internal security. FCRA was first enacted in 1976, it was amended in 2010 when new measures were adopted to regulate foreign donations.

As defined in Section 2(1)(h) of FCRA, 2010, “foreign contribution” means the donation, delivery or transfer made by any foreign source, ā”€

(i) of any article, not being an article given to a person as a gift for his personal use, if the market value, in India, of such article, on the date of such gift is not more than such sum as may be specified from time to time by the Central Government by rules made by it in this behalf;

(ii) of any currency, whether Indian or foreign;

(iii) of any security as defined in clause (h) of section 2 of the Securities Contracts(Regulation) Act, 1956 and includes any foreign security as defined in clause (o) of Section 2 of the Foreign Exchange Management Act, 1999.

It was enacted to regulate the utilization and acceptance of foreign contribution to secure national interest from any activities which threaten national interest.

Debate on the bill, Minister of State for Home Nityanand Rai said the legislation was not against any NGO and is an effort to maintain transparency. This amendment is in the interest of good NGOs that want to do good work in the country. He also said, ā€œThis is certainly a bill to bring transparency. It is not against NGOs in any case. But only those NGOs which do not adhere to transparency may feel bad. This bill is in the interest of NGOs and transparency.”

According to the home ministry, the annual inflow of foreign contribution or foreign hospitality has almost doubled between 2010 and 2019. And according to the government many recipients of foreign funding have not utilized it for the purpose for which they have registered themselves in FCRA.

The central government cancelled the certificates of registration of more than 19,000 voluntary organizations between 2011 and 2019.

The Lok Sabha passed the foreign contribution regulation act (FCRA) Bill, 2020 on September 21 and on 23 September 2020 passes by the Rajya Sabha. The FCRA 2010 has already been amended twice. The first amendment was made by section 236 of the finance act, 2016, and the second by section 220 of the finance act, 2018.

Reasons for Amendment in FCRA

1) To tightens the regulations related to civil society, NGOs, and organizations.

2) It is also noted that the foreign contribution can be reaching the wrong hands.

3) To put strict rules and regulations on organizations, educational, and research institutions that are in partnership with foreign entities.

Features of the Amendment

1) Aadhar number for registration – If any person wants to register, to seek permission, or wants to renew the registration to receive foreign contribution must have to provide their Aadhar numbers.

Aadhar number of all its office bearers, directors are also required as an identification document. In case of foreigner they have to provide a copy of the passport or the overseas citizen of India card for identification.

2) Persons prohibited to accept foreign assistance – The 2020 amendment cleared by the Union cabinet states, amendment of clause (c) of sub-section (1) of section 3 to include public servant within its ambit to provide that no foreign contribution shall be accepted by any public servant. Public servant includes any person who is in service or pay of the government or remunerated by the government for the performance of any public duty.

Election candidates, judges, government servants, editors, or publishers of the newspaper, member of any legislature, and political parties were prohibited for receiving foreign donations.

3) Transfer of foreign contribution – Foreign donations can not be transferred to any other person. The term person under the act includes an individual, an association, or a registered company.

4) Restriction in the utilization of foreign contribution – Violating any provision of the act, the unutilized or unrecieved foreign contribution may be utilized or received only with the prior approval of the central government.

5) FCRA account – A person registered with a foreign contribution regulation act have to accept foreign contribution only in a single branch of a scheduled bank specified by them. However, they may open more accounts in other banks for the utilization of the contribution.

6) Foreign contribution reduced in administrative purposes – Foreign contribution or foreign hospitality should be used only for the purpose for which the contribution is received. Earlier they can use the 50% of the contribution for meeting administrative expenses but now the bill reduces the limit to 20%

Conclusion

Organisations receiving funds from the abroad will no longer be able to transfer them to small NGO’s who were working at the grass root level of the country in rural areas. As the NGO’s unable to give money to the third party for the research work in rural areas. It will also have negative impacts on the workers working in the small NGO’s and workers themselves don’t want to work there.

It is important to regulate the NGOs which were not using the foreign contribution for the purpose they receive. But it’s more important to recognize the NGOs who were working for the society and wants to help the people because of the dubious NGOs some well-recognized organizations had to suffer.

Latest Posts

Separation of Powers In India

Posted on

This article has been written by Chaudhary Nikhat Fatima, currently pursuing Law from Rizvi Law College. Picture Credits to Lawrato.com

History has time and again shown that unlimited power in the hands of one person or group in most cases means that others are suppressed or their powers curtailed. The separation of powers in a democracy is to prevent abuse of power and to safeguard freedom for all and thus Separation of power is an essential element in order to make the government work in an appropriate way.

Meaning

The term separation of powers was first introduced by Montesquieu, his theory lay that it was in the nature of authority to abuse it and that unless clear limitations we’re laid down, the arbitrary rule would be inevitable. According to him moderation in the exercise of government authority was the essential requisite of a good government. In order to realize such moderation, each power should be exercised by a different organ of government and among the various organs of government, there should be a system of checks and balances so that one organ might not become all-powerful.

In every state, there are three kinds of powers:

LEGISLATURE:

The chief function of the legislature is to enact laws.

  • It is the basis for the functioning of the other two organs, the executive and the judiciary.

EXECUTIVE

The executive is the organ that implements the laws enacted by the legislature and enforces the will of the state.

  • It is the administrative head of the government.

JUDICIARY

The judiciary is that branch of the government that interprets the law, settles disputes, and administers justice to all citizens.

  • The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution.

Significance of Doctrine

When the legislative and executive powers are united in the same persons or in the same body of magistrates there can be no liberty, because apprehensions may arise, lest the same monarch or separate should enact tyrannical laws and execute them in a tyrannical manner. There is no liberty if judicial power is not separated from the legislative and executive. Where It joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control, for the judge would be then the legislator. When it joined the executive power, the judge might behave with violence and oppression.  Hence, the importance of the Separation of Powers doctrine can be summed up as follows:

  • Keeps away autocracy
  • Safeguards individual liberty
  • Helps create an efficient administration
  • Judiciaryā€™s independence is maintained
  • Prevents the legislature from enacting arbitrary or unconstitutional laws

Constitutional Status

The doctrine of separation of powers is a part of the basic structure of the Constitution, although not specifically mentioned. The legislature cannot pass a law violating this principle. The functions of the three organs are specifically mentioned in the Constitution.

Article of the constitution that suggest separation on of Powers:

Article 50: This article puts an obligation on the State to separate the judiciary from the executive. But, since this falls under the Directive Principles of State Policy, it is not enforceable.

Article 123: The President, being the executive head of the country, is empowered to exercise legislative powers (Promulgate ordinances) in certain conditions.

Articles 121 and 211: These provide that the legislatures cannot discuss the conduct of a judge of the Supreme Court or High Court. They can do so only in case of impeachment.

There is a system of checks and balances wherein the various organs impose checks on one another by certain provisions.

Checks and Balances

In India, a separation of functions rather than of powers is followed. Unlike in the US, in India, the concept of separation of powers is not adhered to strictly. However, a system of checks and balances have been put in place in such a manner that the judiciary has the power to strike down any unconstitutional laws passed by the legislature.

Today, most of the constitutional systems do not have a strict separation of powers between the various organs in the classical sense because it is impractical. The makers of the American Constitution were conscious of the impossibility of applying an absolute separation of powers. Hence, they incorporated another theory known as the “Theory of Checks and Balances”. They thought if the principle of separation of powers is carried too far, it would make the Constitutional system unworkable Hence, they devised a system of check upon each other so that none can become tyrannical. The principle is designed to bring about an overall equilibrium and to prevent the tendency of each branch of government to become autocratic and irresponsible in its own particular field. In order to prevent the abuse of power on the part of any organ of the government, the other two have been given the power to act like checks. This means that no branch of government has unlimited powers even in its own sphere.

  • In Indira Nehru Gandhiā€™s case, Chandrachud J. observed ā€“ No Constitution can survive without a conscious adherence to its fine checks and balances. Just as courts ought not to enter into problems intertwined in the political thicket, Parliament must also respect the preserve of the courts. The principle of separation of powers is a principle of restraint which ā€œhas in it the precept, inmate in the prudence of self-preservation; that discretion is the better part of valorā€.

Relation between Legislature and Judiciary

Even though the functions of the executive and the judiciary are well-defined in the Constitution, the system of checks and balances ensures that each one can impose checks on the other.

The judiciary can strike down laws that it considers unconstitutional or arbitrary.

The legislature, on its part, has protested against judicial activism and tried to frame laws to circumvent certain judgments.

Judicial activism is said to be against the principle of separation of powers.

There have been instances where the courts have issued laws and policies through judgments. For example, the Vishaka Guidelines where the SC issued guidelines on sexual harassment.

Relation between Legislature and Executive

The Constitution states that the executive branch of the State (Council of Ministers) shall be collectively responsible to the Legislature (Lok Sabha). This implies that the Parliament should supervise the work of the government and hold it accountable for its actions.

In a parliamentary form of government, the executive is not separated from the legislature in that the members of the council of ministers are members of the legislature.

The executive loses power when it loses the confidence of the legislature. The executive/council of ministers is dismissed if it loses the legislatureā€™s confidence before its tenure is over. So, the legislature controls the executive through a vote of no-confidence.

The head of government and head of state are different. The head of the government is the Prime Minister while the head of state is the President.

The parliament makes laws in general broad terms and delegates the powers to the executive to formulate detailed policy and implement them.

In a presidential form of government, the executive is not accountable to the legislature. One person is the head of both the State as well as the government. A minister need not be from the legislature.

Relation between Executive and Judiciary

There are several provisions in the Constitution that make the judiciary independent. This is because, it is believed that for a democracy to remain efficient and effective, the judiciary must be independent. The judiciary is said to be the guardian of the constitution. If the executive also assumes judicial powers, that sort of a government tends to become oppressive.

However, there are some judicial functions which are performed by the executive as well. They are:

The appointments of the judges are made by the executive.

The President and the Governors also enjoy the power to pardon, reprieve, etc. These are direct judicial functions.

Under the system of administrative adjudication, the executive agencies have the power to hear and decide cases involving particular fields of administrative activity.

The judiciary also performs some executive functions. It can review the actions of the executive and declare them void if found unconstitutional.

Separation of Powers in other countries

Separation of power in the USA

The United States Constitution has a more rigid separation of powers than the Constitutions of other democracies. In the United States Constitution, Article 1 Section I gives Congress only those ā€œlegislative powers herein grantedā€ and proceeds to list those permissible actions in Article I Section 8, while Section 9 lists actions that are prohibited for Congress.

The vesting clause in Article II places no limits on the Executive branch, simply stating that ā€œThe Executive Power shall be vested in a President of the United States of America.

Separation of power in England

Although the doctrine of separation of power plays a role in the United Kingdomā€™s constitutional doctrine, the UK constitution is often described as having ā€œa weak separation of powersā€. For example, in the United Kingdom, the executive forms a subset of the legislature, as didā€”to a lesser extentā€”the judiciary until the establishment of the Supreme Court of the United Kingdom.

The Supreme Court holds ā€œThe judicial Powerā€ according to Article III, and it established the implication of Judicial review in Marbury v. Madison. Checks and balances allow for a system-based regulation that allows one branch to limit another, such as the power of Congress to alter the composition and jurisdiction of the federal courts.

Some other countries

The Commonwealth of Australia Constitution Act, 1900 clearly demarcates the boundaries of the three organs and therefore provides for a very rigid separation of powers.

Similarly, the French Constitution also provides for separation of powers and divides the national government into the executive, the legislative, and judicial branches.

Latest Posts

Types of Custody in India

Posted on

This article has been written by Shubham Khandelwal currently pursuing BBA.LLB from FIMT, IP University. In the below-given article, youā€™ll get to know the necessary information about ā€œTypes of Custodiesā€ in India.

What is Custody?

The word ‘guardianship’ signifies capturing somebody for defensive consideration. The words “authority” and “capture” are not equivalent. The facts confirm that in each capture there is authority yet the other way around isn’t correct. The simple expression of words or motion or glinting of eyes doesn’t add up to capture. Genuine seizure orbit of an individual’s body with the end goal of capturing is fundamental. Capture, remand, and bail are segments identified with the examination. Capture straightforwardly shortens the individual freedom of a person. It strikes at his opportunity. Subsequently, numerous a period’s inappropriate captures have arrived at courtrooms. There have been events when unlawful confinement has been considered as an infringement of an essential right and payment thereof has been paid.

Generally, there are two types of custody in India.

  1. Police Custody
  2. Judicial Custody

Police Custody

It is the authority of a suspect with the police in a prison at the police headquarters, to confine the suspect. At the point when an individual reports/protests or illuminate police about some other individual than following to that the cop will capture that individual. The police capture the speculates engaged with the issue and keep them from carrying out any further wrongdoing. According to Section 167 of The Code of Criminal Procedure, 1973 the individual ought to be created before the Magistrate in 24 hours (barring voyaging time from the spot of capture) with the proof against him. At whatever point the police take authority of an individual, at that point he may look for time to hold guardianship of the justice under segment 167 of The Code of Criminal Procedure, 1973 for 15 days for additional examination. A legal officer can send back any individual to the police headquarters for additional request and examination for the time of greatest 15 days yet now and again this authority may likewise get broadened up to 30 days.

Types of Police Custody

  • Physical Custody

Physical care implies that a parent has the option to have a youngster live with the person in question. A few states will grant joint physical authority when the kid invests huge measures of energy with the two guardians.

  • Legal Custody

Lawful guardianship of a kid implies having the privilege and the commitment to settle on choices about a youngster’s childhood. A parent with legitimate authority can settle on choices about the youngster’s tutoring, strict childhood, and clinical consideration, for instance

.

  • Sole Custody

One parent can have either sole legitimate guardianship or sole physical authority of a youngster. Courts, by and large, won’t stop for a second to grant sole physical authority to one parent if the other parent is esteemed ill-suited – for instance, as a result of liquor or medication reliance or charges of youngster misuse or disregard.

  • Joint Custody

Guardians who don’t live respectively have joint authority (additionally called shared care) when they share the dynamic duties regarding, as well as physical control and care of, their youngsters. Joint care can exist if the guardians are separated, isolated, or done living together, or regardless of whether they never lived respectively.

  • Joint Custody Arrangements

At the point when guardians share joint authority, they generally work out a timetable as per their work prerequisites, lodging plans, and the youngsters’ needs. If the guardians can’t concur on a timetable, the court will force a plan.

Case law on Police Custody

In Sheela Barse v. Province of Maharashtra

The Apex Court while featuring episodes of custodial savagery against detainees kept in police lockups, watched the requirement for giving rules as headings to give lawful help to detainees in prison. The Court held-

We would coordinate that the judge before whom a captured individual is delivered will enquire from the captured individual whether he has any objection of torment or abuse in police authority and illuminate him that he has directly under Section-54 of the Code of Criminal Procedure 1973 to be restoratively analyzed. We know that Section-54 of the Code of Criminal Procedure 1973 without a doubt accommodates the assessment of a captured individual by a clinical professional in line with the captured individual and it is a privilege presented on the captured individual. Yet, all the time the captured individual doesn’t know about this privilege and because of his obliviousness, he can’t practice this privilege even though he may have been tormented or abused by the police in police lock-up. It is hence that we provide particular guidance requiring the judge to illuminate the captured individual about this privilege of clinical assessment on the off chance that he has any protest of torment or mal-treatment in police authority. We have most likely that if these bearings which are being given by us are done both in letter and soul, they will manage the cost of extensive insurance to detainees in police lock-ups and spare them from conceivable torment or abuse.

Judicial Custody

Legal Custody implies a blamed is in the care for the concerned Magistrate. In previous, the denounced is held up in police headquarters lockup while in last mentioned, it is the prison. It implies that the individual will be kept in jail on the request for the important officer. Be that as it may, an individual isn’t kept in prison in police guardianship. One probably heard that the court has sent the charged to 14-days legal guardianship. Legal Custody implies the individual will be kept in jail on the sets of the Magistrate. At the end of the day, we can say that the blame is in the guardianship for the Magistrate. At the point when the charge is introduced before the Magistrate after that, he can be sent to prison or can be sent back to police authority. In legal authority, the suspect turns into the obligation of the Court. If the denounced is sent to the legal authority, the blamed will be sent to prison away from the general society investigating the eye.

Case Study on Judicial Custody

Joginder Kumar v. Province Of U.P and Others 1994 AIR 1349: 1994 SCC (4) 260

The rights are characteristic in Articles 21 and 22(1) of the Constitution and need to be perceived and conscientiously ensured. For the compelling requirement of these basic rights, Hon’ble Court gave the accompanying rules: The cop will educate the captured individual when he is brought to the police headquarters of this right. A passage will be needed to be made in the journal concerning who was educated regarding the capture. These securities from power must be held to spill out of Articles 21 and 22(1) and upheld carefully. It was additionally coordinated that, it will be the obligation of the Magistrate, before whom the captured individual is created, to fulfill himself that these necessities have been agreed to.

Law of Custody in India

The suspect is thought to be guiltless till the charges against him are demonstrated and simply from that point forward, the Court will rebuff him for the wrongdoing announced. According to Section 167 of The Code of Criminal Procedure, 1973 the suspect can be in police authority for 15 days yet on the sets of the Magistrate. Nonetheless, the individual can be under legal authority for up to 90 days when the individual has carried out an offense with a discipline of death, detainment of life or time of detainment surpassing 10 years and for up to 60 days for every other wrongdoing, if the Magistrate considers qualified for the enthusiasm of the equity. A Judicial Magistrate can provide the request to expand the span of any care up to 15 days and a chief justice can broaden it up to 7 days. On the off chance that the police report isn’t been recorded inside 60 or 90 days (all things considered) at that point, the individual can be delivered on default bail. However, if the police report is documented inside the necessary timeframe, at that point the blamed won’t be delivered on default bail and hence will keep on being confined under legal guardianship because after examination the cycle of request has begun. The greatest period on which a suspect can be under legal care is half of the discipline granted for the concerning offense. At the point when the denounced is held under police or legal care, it is imperative to remember that they have a few rights as well. Numerous choices have been taken by various Courts expressing that the denounced ought not to be dealt with gravely. Various arrangements of The Code of Criminal Procedure, 1973, and The Constitution of India give the privileges of the captured individual.

Difference between Judicial and Police Custody

Guardianship is frequently stretched out to individuals who are associated with perpetrating wrongdoing. The insurance is granted all together for the suspect to be in the range or locale of the specialists of the law and not in the open public. Both legal care and police guardianship limit the freedom and scope of development of an individual. The law and its operators (explicitly, the police, and the courts) utilize a defensive and preventive technique by taking a person who is associated with wrongdoing ceaselessly from the overall population. This permits law implementation to appropriately explore the allegation of wrongdoing and have the speculate stand preliminary for the violations blamed to him. In police care, the cop keeps any wrongdoer or suspected individual under his guardianship as an activity taken by him, yet in Judicial care, the blamed individual is kept in prison upon the request for the concerning justice. An individual hotel in police authority needs to show up before the concerned officer inside 24 hours yet the individual confined in legal care is kept in prison until Court gives bail. Police authority starts when a cop captures a suspect after accepting a grumbling or FIR. Though, the Judicial care starts when the public examiner fulfills the court that with the end goal of the examination, care of such denounced is important. The most extreme time of police guardianship is 24 hours and which might be stretched out to 15 days in general by the fitting justice Whereas in Judicial care the greatest time of detainment is 90 days where the examination is identified with offenses culpable with death, detainment forever or detainment for a term at the very least ten years and 60 days where the examination is identified with offenses culpable with detainment for a term under 10 years. Police authority is under the security given by the police while in legal care the security is given by the adjudicator/justice.

Latest Posts

Mergers and Acquisitions’

Posted on

This article has been written by Navneet Chandra, a student of Central University of South Bihar, Gaya

Introduction

Mergers and acquisitions, or M&A for short, involves the process of combining two companies into one. The goal of combining two or more businesses is to try and achieve synergy ā€“ where the whole (new company) is greater than the sum of its parts (the former two separate entities).

Mergers and acquisitions, or M&A for short, involves the process of combining two companies into one. The goal of combining two or more businesses is to try and achieve synergy ā€“ where the whole (new company) is greater than the sum of its parts (the former two separate entities).

What are Mergers and Acquisitions?

Mergers occur when two companies join forces. Such transactions typically happen between two businesses that are about the same size and which recognize advantages the other offers in terms of increasing sales, efficiencies, and capabilities. The terms of the merger are often fairly friendly and mutually agreed to and the two companies become equal partners in the new venture.

Acquisitions occur when one company buys another company and folds it into its operations. Sometimes the purchase is friendly and sometimes it is hostile, depending on whether the company being acquired believes it is better off as an operating unit of a larger venture. The end result of both processes is the same, but the relationship between the two companies differs based on whether a merger or acquisition occurred.

Forms of Acquisition

There are two basic forms of mergers and acquisitions (M&A):

1. Stock purchase

In a stock purchase, the acquirer pays the target firmā€™s shareholders cash and/or shares in exchange for shares of the target company. Here, the targetā€™s shareholders receive compensation and not the target. There are certain aspects to be considered in a stock purchase:

The acquirer absorbs all the assets and liabilities of the target ā€“ even those that are not on the balance sheet.

To receive the compensation by the acquirer, the targetā€™s shareholders must approve the transaction through a majority vote, which can be a long process.

Shareholders bear the tax liability as they receive the compensation directly.

2. Asset purchase

In an asset purchase, the acquirer purchases the targetā€™s assets and pays the target directly. There are certain aspects to be considered in an asset purchase, such as:

Since the acquirer purchases only the assets, it will avoid assuming any of the targetā€™s liabilities.

As the payment is made directly to the target, generally, no shareholder approval is required unless the assets are significant (e.g., greater than 50% of the company).

The compensation received is taxed at the corporate level as capital gains by the target.

Types of Mergers and Acquisitions

Merger or amalgamation may take two forms: merger through absorption or merger through consolidation. Mergers can also be classified into three types from an economic perspective depending on the business combinations, whether in the same industry or not, into horizontal (two firms are in the same industry), vertical (at different production stages or value chain) and conglomerate (unrelated industries). From a legal perspective, there are different types of mergers like short form merger, statutory merger, subsidiary merger and merger of equals.

Benefits of Combining Forces

Some of the benefits of M&A deals have to do with efficiencies and others have to do with capabilities, such as:

  • Improved economies of scale. By being able to purchase raw materials in greater quantities, for example, costs can be reduced.
  • Increased market share. Assuming the two companies are in the same industry, bringing their resources together may result in larger market share.
  • Increased distribution capabilities. By expanding geographically, companies may be able to add to their distribution network or expand its geographic service area.
  • Reduced labour costs. Eliminating staffing redundancies can help reduce costs.
  • Improved labour talent. Expanding the labour pool from which the new, larger company can draw can aid in growth and development.
  • Enhanced financial resources. The financial wherewithal of two companies is generally greater than one alone, making new investments possible.

Potential Drawbacks

Although mergers and acquisitions are expensive undertakings, there are potential rewards. And there are disadvantages, or reasons not to purchase an acquisition, including:

  • Large expenses associated with buying a company, especially if it does not want to be acquired. (If an investor has a controlling interest in another company, however, it may not have a choice regarding whether it is acquired.)
  • Higher legal costs, which can be exorbitant if a company does not want to be acquired.
  • The opportunity cost of having to forego other deals in order to focus on bringing two companies together.
  • The possibility of a negative reaction to a merger or acquisition, which drives the companyā€™s stock price lower.

M&A is a growth strategy corporation often use to quickly increase its size, service area, talent pool, customer base, and resources in one fell swoop. The process is costly, however, so the businesses need to be sure the advantage to be gained is substantial.

Steps Involved in M & A Transactions

Phase 1: Pre-acquisition review: this would include self-assessment of the acquiring company with regards to the need for M&A, ascertain the valuation (undervalued is the key) and chalk out the growth plan through the target.

Phase 2: Search and screen targets: This would include searching for the possible apt takeover candidates. This process is mainly to scan for a good strategic fit for the acquiring company.

Phase 3: Investigate and valuation of the target: Once the appropriate company is shortlisted through primary screening, detailed analysis of the target company has to be done. This is also referred to as due diligence.

Phase 4: Acquire the target through negotiations: Once the target company is selected, the next step is to start negotiations to come to consensus for a negotiated merger or a bear hug. This brings both the companies to agree mutually to the deal for the long term working of the M&A.

Phase 5: Post merger integration: If all the above steps fall in place, there is a formal announcement of the agreement of merger by both the participating companies.

Conclusion

M&Aā€™s are considered as important change agents and are a critical component of any business strategy. The known fact is that with businesses evolving, only the most innovative and nimble can survive. That is why, it is an important strategic call for a business to opt for any arrangements of M&A. Once through the process, on a lighter note M&A is like an arranged marriage, partners will take time to understand, mingle, but will end up giving positive results most of the times.

Latest Posts

Call for Papers by International Journal of Advanced Legal Research [IJALR, Volume 1 Issue 1]: Submissions Open!

Posted on

About the Journal

International Journal of Advanced Legal Research (IJALR) is a quarterly, peer reviewed, online journal which provides an interactive platform for the publication of short articles, long articles, book reviews, case comments, research papers, and essays in the field of Law. The primary objective of IJALR is to promote legal research among students across India through publishing their materials in the issues released quarterly as well as to enhance the skills of law students across India.

About the Opportunity

The IJALR invites original, unpublished content from all academicians, authors, legal professionals and from students across the globe, on any topic related to law.

Eligibility

Law students pursuing the five-year LL.B course as well as the three years course, Academicians, students pursuing LL.M. or Ph.D., and Educators.

Word Limit (Including Footnotes)

  • Short Articles: 1500-2500 words
  • Long Articles: 2500-4000 words
  • Research Papers: 2500-8000 words
  • Book Reviews: 1500-3500 words
  • Case Comments: 1200-3000 words
  • Note: Abstract should be upto 300 words only.

How to Submit

All submissions must be mailed to ijalr.editorial[at]gmail.com.

The subject of the mail should be ā€˜Paper Submissionā€˜ along with a declaration to the effect that the Paper is an original work of an author and previously and unpublished work of the author.

Certificate

A e-certificate of publication and a soft copy of published paper would be given to the author(s).

About the Journal

International Journal of Advanced Legal Research (IJALR) is a quarterly, peer reviewed, online journal which provides an interactive platform for the publication of short articles, long articles, book reviews, case comments, research papers, and essays in the field of Law. The primary objective of IJALR is to promote legal research among students across India through publishing their materials in the issues released quarterly as well as to enhance the skills of law students across India.

About the Opportunity

The IJALR invites original, unpublished content from all academicians, authors, legal professionals and from students across the globe, on any topic related to law.

Eligibility

Law students pursuing the five-year LL.B course as well as the three years course, Academicians, students pursuing LL.M. or Ph.D., and Educators.

Word Limit (Including Footnotes)

  • Short Articles: 1500-2500 words
  • Long Articles: 2500-4000 words
  • Research Papers: 2500-8000 words
  • Book Reviews: 1500-3500 words
  • Case Comments: 1200-3000 words
  • Note: Abstract should be upto 300 words only.

How to Submit

All submissions must be mailed to ijalr.editorial[at]gmail.com.

The subject of the mail should be ā€˜Paper Submissionā€˜ along with a declaration to the effect that the Paper is an original work of an author and previously and unpublished work of the author.

Certificate

A e-certificate of publication and a soft copy of published paper would be given to the author(s).

A e-certificate of publication and a soft copy of published paper would be given to the author(s).

“2nd Edition – Blogger of the Month Competition.”

Posted on

About the Organization

LawShastra is an online web-portal, where students and other law professionals can explore various dimensions of their field under one platform. LawShastra website was established with a vivid objective for providing people with spiffing articles and study materials, educating and keeping everyone updated, provides information and guidance on competitive examinations and to offer short courses related to law and policy.

About the Event-

LawShastra is organizing the 2nd Edition of ā€œBlogger of the Monthā€ competition, this event aims to provide every student a platform to showcase and embrace their love for writing and analysing critically every issue from a legal perspective. We look forward to caressing the young minds throughout this journey.

Duration of the event-  Start from 5th October to 28th October.

Theme: Any Blog related to contemporary legal issue.

Word Limit: (800 to 2000) (Extended to 2500 words).

Eligibility for the Participation

  1. Student who are pursuing or have completed their law degree,
  2. Students from any background who have knowledge & education in legal field.

Registration Procedure

The Participants are required to make a payment of Rs. 50/- towards registration fee for the Blog competition. The Registration fees can be made via Google Pay/ PhonePe/Paytm, the account details are as follows:

A/c holderā€™s name: Nikhil Jain

Number (Google Pay/Phone Pe/ Paytm): 7509371997

UPI ID: 7509371997@ybl (Phone Pe)

**After the successful transaction has been done, participant has to fill the Registration form and the screenshot & Transaction ID of the transaction shall fill in the Registration Form.

For Registration, Click here.

Registration Form link:Ā https://forms.gle/uS9L7LTiumgeqPTR9

  1. Participant is required to make the payment and fill in the necessary details in the online registration form.
  2. Successfully registered participants will be provided with the rules and regulations of the Blog Competition.

Important Guidelines-

  • Interested students have to submitted at least 3 blog/ month (one blog per week).
  • Student can submit ā€˜first two blogā€™ as per their choice topic. But the topic for last blog will be given by organizer.
  • Note: Proper time of 7 days will be given for writing every blog. Delay in submission will lead to deduction of marks.

Important Dates

S.No.ParticularsDates
 Registration Commencement18th September, 2020.
 Last Date for Registration4th October, 2020.
 1st Round Blog Submission11th October, 2020.
 2nd Round Blog Submission18th October, 2020.
 3rd Round Blog Submission26th October, 2020.
 Declaration of Result5th November, 2020.
 Certificate Issued19th November, 2020.

Prizes

In a competition, every participant is a winner and every participant will receive a participation certificate. Following are the prizes up for grab:

  1. Winner
    1. Cash Prize of Rs. 500/-
    1. Certificate of Excellence.
    1. Free entry in next LawShastra Event + Internship Opportunity @ LawShastra + free publication.
  • 1st Runner up
    • Cash Prize of Rs. 300/-
    • Certificate of Excellence.
    • 50% off in next LawShastra Event + Internship Opportunity @ LawShastra + free publication.
  • 2nd Runner up
    • Cash Prize of Rs. 200/-
    • Certificate of Excellence.
    • 50% off in next LawShastra Event + Internship Opportunity @ LawShastra + free publication.
  • Top 10 blog of each round will be published on LawShastra Portal.
  • 30% discount in next LawShastra Event will be provided to top 10 Participant
  • Top 10 Participant will be awarded with Certificate of Merit.
  • Certificate of Participation will be given to all successful participant.

Rule of the Competition:   _______

For Brochure,______

Contact Info.

In case of any query, contact:

Riya: 7982307779 / 9414142827

Email: contact@lawshastra.com

**The results declared would be final and the authority vests with LawShastra to change or modify the same.

Note: The Registration amount shall not be refunded in any case whatsoever.

Note: LawShastra reserves the right to cancel the event at any point before the conduct of the event. In such a case, any fees paid as registration fee shall be refunded in full to the registered participant.

BOM-brochureDownload
Rules-of-the-eventDownload

CfP: NLUO & Sarkari Schoolā€™s National Conference [Oct 18]: Submit by Oct 2

Posted on

About Legal Aid Society, NLU Odisha

National Law University Odisha (NLU Odisha) was established in the year 2008 by the Odisha government, as a Centre of Excellence in Legal Education. In furtherance of the same, the Legal Aid Society of NLU Odisha was established in the year 2012 with a mission to implement the mandate of the Legal Services Authorities Act, 1987.

About Sarkari School

Sarkari School works with an initiative to build a platform for those working in the field of school education, to uplift the future of the younger generation through their hard-work.

About the Conference

Article 21-A of the Constitution of India provides free and compulsory education of all children in the age group of 6 to 14 years as a Fundamental Right in such a manner as the State may, by law, determine. This RTE Act came into effect on 1 April 2010. This conference will highlighting the changes that came in our country post 10 years of RTE: our achievements as well as challenges that still need to be addressed.

About the Call for Research Papers

NLUO & Sarkari School invites submissions about the implementation and challenges faced by the Right to Education Act in India.

  • The best 10 authors will be given an opportunity to present their paper at the conference.
  • Every selected article will be acknowledged with a certificate of appreciation.

Themes and Sub-Themes

Impact of RTE on

  • Girlā€™s Education.
  • School infrastructure.
  • Enrollment rate.
  • Inclusion of differently-abled.
  •  
    • Literacy rate.
  • Social and economical implication on right to education.
  • Role of RTE in child-centered education.
  • RTE in view of government and private schools.
  • RTE paving the way for the democratization of education.
  • How has the RTE act failed to ensure a 25% reservation to poor students in private schools?
  • Revolution of the education system and the way forward.
  • Right to education and gender equality.
  • The education system for the disabled.
  • The need to uphold the RTE act during a pandemic.
  • How can Indiaā€™s Education System escape the vicious cycle of inequality and discrimination?
  • Impact of media on the Right to education.
  • Right to education in the era of digital learning.

Submission Guidelines and Rewards

Click the link at the bottom for submission guidelines and rewards.

Important Details and Deadlines

  • Deadline for abstract submission: October 2, 2020
  • Deadline for final submission: October 14, 2020 till 11:59 PM
  • Conference Date: October 18, 2020
  • Time: 10 AM to 4 PM

Contact Details

For queries regarding the conference and for submission, write to rteconf2020[at]gmail.com.