LAW GENERAL UNIT-4 CHAPTER-3 COMPANIES ACT 4 LAW OF EVIDENCE 5 ARBITRATION 6 TORT 7 INSOLVENCY & BANKRUPTCY CODE: COMPLETE E-BOOK

LAW GENERAL UNIT-4 CHAPTER-1 TO 7

UNIT-4

CHAPTER-3 TO 7

IMPORTANT TERMS RELATED TO COMPANIES ACT

AS PER SECTION 2 OF THE COMPANIES ACT 2013

Definitions.— In this Act, unless the context otherwise requires,— (1) ―abridged prospectus‖ means a memorandum containing such salient features of a prospectus as may be specified by the Securities and Exchange Board by making regulations in this behalf;

(2) ―accounting standards‖ means the standards of accounting or any addendum thereto for companies or class of companies referred to in section 133;

(3) ―alter‖ or ―alteration‖ includes the making of additions, omissions and substitutions;

(4) ―Appellate Tribunal‖ means the National Company Law Appellate Tribunal constituted under section 410;
(5) ―articles‖ means the articles of association of a company as originally framed or as altered from
time to time or applied in pursuance of any previous company law or of this Act;

ELIGIBILITY, QUALIFICATIONS AND REGISTRATION OF VALUERS AS IN THE COMPANIES (REGISTERED VALUERS AND VALUATION ) RULES, 2017.

  • VALUATION RULES: BRIEF INTRODUCTION
    • Insolvency and Bankruptcy Board of India to act as the authority under the Rules.
    • Divided into 6 chapters
    • Effective from 18th October 2017

ELIGIBILITY FOR REGISTERED VALUERS

RULE 3. Eligibility for registered valuers.─

(1) A person shall be eligible to be a registered valuer if he-

(a) is a valuer member of a registered valuers organisation; ………….. READ MORE

LAW OF EVIDENCE

 EVIDENCE: MEANING

 Evidence includes everything that is used to determine or demonstrate the truth of an

Evidence is the currency by which one fulfills the burden of

Admissible evidence is that which a Court receives and considers for the purposes of deciding a particular

Section 3 of the Indian Evidence Act, 1872 defines the term ‘evidence’.

EVIDENCE ACT 1872: ACT NOT APPLICABLE TO

  • Proceedings under Army Act, Air Force Act, Naval Discipline
  • Arbitration
  • Departmental/ Domestic
  • Commission of
  • Administrative .…………….. READ MORE

SALIENT FEATURES OF ‘‘THE ARBITRATION AND CONCILIATION ACT, 1996’’ AND MEDIATION

PART-I

ARBITRATION

Arbitration is a means of securing an award on a conflict issue by reference to a third party. It is a process in which a dispute is submitted to an impartial outsider who makes a decision which is usually binding on both the parties. It is a process where there is a hearing and a determination of a cause between parties in controversy by a person or persons chosen by them, or appointed under a statutory provision. The parties submit ……………… READ MORE

TORT

 WHAT IS A TORT?

  • The Law of tort is based on the idea that everyone in our society has certain rights.
  • Along with having rights, everyone has duty to respect the rights of others.
  • The purpose of Tort law is to enforce those rights & Duties.
  • TORT is a private wrong committed by one person against another.
  • Torts can be intentional or unintentional against persons & Property.
  • The term for unintentional tort is NEGLIGENCE.
  • NEGLIGENCE is the failure to exercise the degree of care that a reasonable person would have exercised.
  • The person who commits a tort is a tortfeasor.
  • The Tortfeasor interferes with the rights of another person.
  • A tort is a civil wrong
  • That (wrong) is based a breach of a duty imposed by law
  • Which (breach) gives rise to a (personal) civil right of action for a remedy not exclusive to another area of law
  • Tort is a French word for “wrong.” The Tort is of French origin. The root is ‘Tortum’ in Latin which means ‘twist’. It implies a conduct which is ‘tortious’, or, twisted… The equivalent word in English is “Wrong”. In Roman it is “delict” and in Sanskrit it is “Jimha” which means ‘crooked’.

How Word “Tort” Came To India

It came to India through England. In 1065 England was conquered by Normans who were the French-speaking people of Normandy, a region of France. After Norman Conquest, French became ……………… READ MORE

SALIENT FEATURES OF INSOLVENCY & BANKRUPTCY CODE

The Insolvency & Bankruptcy code was passed by the Parliament to Overhaul the existing framework dealing with the Insolvency of Corporates, individuals, partnerships and other entities. It paves way for much-needed reforms while focussing on creditor-driven insolvency resolution……………… READ MORE

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