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  FARMS ACT: THINK BEYOND POLITICS SHUBHAM BUDHIRAJA [1] At eve of Independence, Indian economy was a stagnant and backward economy facing stances of poor production and productivity. The large dependence on agriculture sector was a cause of concern for the state. India with a promise of a welfare state along-with its goal of growth and development had to revive this poor state of economy leaving behind by colonial government. The First Five year plan was focused on agriculture situation and suggestible improvements to it. However the fruits of these seeds only seen in 1960 with a mark of Green revolution when new production technology, fertilizers introduced and India started experimenting with multi-cropping with no seasonal dependence. However with increasing shift to Industrialization and opening up the doors to market, India saw a new chapter in its growth. Though this growth was largely confined to service and Industrial sector and not to the agricultural sector. The pr...

                                 SHUBHAM BUDHIRAJA [1]   INTRODUCTION TO THE PROFESSION OF COMPANY SECRETARIES The very basic rationale for having a separate qualified company law professional was not merely to ensure the compliance of management and board system but also to ensure check on Interest of all the stakeholders attached to a company. I.e. consumers, vendors, authorities, Investors, creditors. This role was added with more responsibilities when the economy transformed to market economy from a regulated economy. The foreign investors to place their exchange into the Indian sectors needed a reliable pre-check and thus there arises a very much need to have a professional who is skillful to certify the risk-free Investment proposals & outcomes thereof. With this background, Parliament enacted The Company Secretaries act, 1980 through which the profession of company secretaries ...

  BOARD POWERS TO REFUSE THE TRANSFER OF SECURITIES SHUBHAM BUDHIRAJA [1] Directors cannot arbitrarily refuse the transfer of shares even when specific power is given by the Articles. The directors stand in fiduciary position and cannot act contrary to collective Interest of the company. The tribunal can test the reasons for refusal/ approval of transfers on ground of arbitrariness.   Reese River Silver Mining Co. Ltd.’ V. ‘Smith’ (1869) LR HL 64. Section 46 of the Companies Act provides that the ‘Register of Members’ is the prima facie evidence of any matters that the Law directs or authorizes to be entered in the Register. Further, the Companies Act treats the ‘Register of Members’ only as prima facie evidence and not the conclusive evidence of the entries therein. It is to be noted that the power to refuse registration of shares can be exercised by the Directors of the Company if the ‘Articles of Association’ do contain specific powers for such refusal. However,...

  ARNAB BAIL ORDER: RE WRITING THE BAIL JURISPRUDENCE Shubham Budhiraja [1] 1.        POWER OF STATE GOVT. TO ORDER RE-INVESTIGATE 2.        MAGISTRATE NOD FOR RE-INVESTIGATE 3.        CONCEPT OF BAIL IN HABEAS CORPUS PETITION 4.        RELEVANT DATE TO DECIDE ILLEGALITY OF DETENTION IN HABEAS CORPUS The A summary report filed to the Magistrate where case is re-Investigated on directions of superior and accused is arrested for this purpose. The Bail application u/s 437 filed but withdrawn. There is no challenge made to 14 days remand order passed by magistrate also. They claiming bail under Habeas corpus petition under Article 226 r/w Section 482 to quash the FIR + Bail because it was illegal custody. The alternative remedy under Section 439 already pending and it is a pre-trial stage where merit cannot be looked into. It is prayed that Re-Investigate ...

  WHETHER CS MANAGEMENT TRAINEE CAN CLAIM  BENEFITS OF LABOUR LAWS? Shubham Budhiraja [1] Introduction Trainee and apprentice is not the same thing. There may be a situation where a person styled as apprentice but performing work of a normal employee and such a case he is not apprentice but trainee. Trainee is per se not an apprentice. Trainee is not excluded from the definition of an employee rather what excluded is apprentice.  Therefore the principal question is the claim of a CS management trainee who is appointed as apprentice as per contract in a firm. Can he claim the benefits of Labour laws? Whether apprentice includes trainee? In the Concise Oxford Dictionary the word "apprentice" means, "a person learning a trade from a skilled employer". In Black's Law Dictionary the word "apprentice" means, "a person bound by an indenture to work for an employer for a specific period to learn a craft, trade or profession and a learner in ...