TIER-1

SECTION 59 OF COMPANIES ACT, 2013: A QUESTION OF JURISDICTION? (CS SHUBHAM BUDHIRAJA) INTRODUCTION Ubi jus ibi remedium – where there is a right, there is remedy. Right and remedy are two sides of same coin and they cannot be separated from each other. The term jurisdiction has not been defined in law. It is derived from the latin terms- juris & dicto which means – I speak by the law. If the court has no inherent jurisdiction, neither acquiescence nor waiver nor estoppel can create it. A Defect of jurisdiction goes to the root and such a fundamental defect cannot be cured by consent of parties and the judgment or order passed by such a court is null and void irrespective of fact that how certain and technically correct and thus validity of it can be challenged at any stage. [1] A decree passed by a court without jurisdiction is a coram non judice     CODE OF CIVIL PROCEDURE, 1908 Section 9 of code of civil procedure, 1908 -...

DIRECTOR DISQUALIFICATION : THE EVIL OF PROVISO (BY SHUBHAM BUDHIRAJA) INTRODUCTION: This article pertaining to the recent developments in area of directors disqualifications and subsequent vacancy arises therein. At the very outset, it is important to note that India is having concept of mixed economy whereby which the executive strikes an optimum balance of socialistic and capitalistic features as domination of either of them would negate the contribution of other. In addition to said fact, it is also an undisputed fact that the corporate sector is boon to the national income of the country and at the same time is a reason of millions of job creation in the economy. Hence, by that logic, the corporate sector is an classic illustration of having presence of both capitalistic and socialistic features of Indian economy at the same time. Corporate democracy is an essential & substantial element for the corporate sector as in absence of it, the corporate se...