The word mens rea have nowhere been used in the Indian Penal Code but it has been applied in two different ways:-While defining offences some words used in the respective section which indicate the actual criminal intent required for the offence. Such words are knowingly, intentionally, fraudulently, dishonestly, voluntarily etc. Such words haven’t been used…
View detailsINTRODUCTION A company prepares a financial statement at the end of the financial year which depicts a company’s total assets, debt and shareholders’ equity that eventually provides the financial stability of that company. When a company’s financial statement is examined, it is important to recognise the shareholder’s equity or net worth. The shareholder’s equity or…
View detailsINTRODUCTION The Securities and Exchange Board of India was established through the SEBI Act, 1992. It is a regulatory body for the capital and security market. The main function of SEBI is to protect the interests of the investors in the security market and also to promote the development of the security market. SEBI was…
View detailsINTRODUCTION The Companies Act, 2013 introduced Section 135 and Schedule VII which makes it the first country in the world to mandate corporate social responsibility (CSR) spending along with a framework to identify potential CSR activities. The activities which can be performed by the company to achieve its CSR obligations includes eradicating hunger and poverty,…
View detailsIntrоductiоn CОVID-19 The pаndemic hаs hаd а significаnt impаct оn the wоrking pаtterns оf businesses. Cоmpаnies аre hаving а difficult time meeting their regulаtоry, prоcedurаl, аnd technicаl оbligаtiоns under the Cоmpаnies Аct оf 2013. (the Аct). The Gоvernment оf Indiа is lаunching vаriоus relief pаckаges tо аssist businesses in eаsing their оperаtiоns during the current…
View detailsINRODUCTION The directors of the company are the key managerial persons. They are professional men hired by the company to direct its affairs[1]. The directors are sometimes described as agents, trustees or managing partners of the company who work for the benefit of the company as well as its shareholders. Since the success of the…
View detailsINTRODUCTION Civil courts have jurisdiction to try all suits of a civil nature except those suits of which the cognizance is either expressly or impliedly barred. In India the functioning of Civil Courts is guided by the Code of Civil Procedure, 1908. Civil courts have a jurisdiction over company law matters but after the National…
View detailsEssential Elements of Crime There are 4 elements of a crime which are- In this article we would be discussing Mens Rea, the second element, which is an important essential of a crime, mens rea or guilty mind. It is a necessary element; the criminal act must be voluntary or purposeful. Mens rea is the…
View detailsJurisdiction of Tribunal It is the name given to the ‘administrative exercise of the judicial functions. It is the term synonymously used with the administrative sections and decision making. It is the name given to various ways of deciding the dispute outside the ordinary courts. It is constitutional, though it is a negation of the…
View detailsA particular kind of prospectus released by businesses that issue bonds in numerous issues is known as a shelf prospectus. Any announcement, advertisement, or other document urging the public to subscribe for securities is referred to as a prospectus. Public limited businesses are required to publish a prospectus prior to issuing securities. Any public limited…
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