What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s

Features of A Company

The principle characteristics of an incorporated company can be summarized as follows :

  1. Registration : A company comes into existence only after registration under the Companies Act. But a Statutory corporation is formed and commence business as notified or stated in the Act and as passed in the Legislature. In case of partnership, registration is not compulsory.
  2. Voluntary Association : A company is an association of many person on a voluntary basis. Therefore a company is formed by the choice and consent of the members.
  3. Legal personality : A shareholder of a company is regarded by law as a single person. It has a legal personality. This rule applies even in the case of "One-man Company."
  4. Contractual capacity : A shareholder of a company, in its individual capacity, cannot bind the company in any way. The shareholder of a company can enter into contract with the company and can be an employee of the company.
  5. Management : A company is managed by the Board of Director, whole time Directors, Managing Director or Manager. These person are selected in the manner provided by the Act and the Articles of Association of the company. A shareholder, as such, cannot participate in the management.
  6. capital : A company must have a capital, otherwise it cannot work.
  7. Permanent existence : A company has perpetual succession. The death or insolvency of a shareholder does not affect its existence. A company comes into end only when it is liquidated according to provisions of the Companies Act.
  8. Registered Office : A company must have a registered office.
  9. Common Seal : A company must have a common seal.
  10. Limited Liability : The liabilities of shareholder of a company are usually limited. The creditors of a company are not creditors of individual shareholders and a decree obtain against a company cannot be executed against the assets of the company.
  11. Transferability : The shareholder of a company can transfer its share and ordinarily the transferee becomes a member of the company.
  12. Statutory Obligation : A company is required to comply with various statutory obligations regarding management, that is filling balance sheets maintaining proper account books and registers etc.
  13. Not a Citizen : A company is an artificial person, not a natural person. therefore a company is not a Citizen, although it may have a Domicile.
  14. Residence : A company has a residence. a company does not process any fundamentalrights.
  15. No fundamental rights : Though a company has "no fundamental rights it, can challenge a law as void if the law happens to violate fundamental rights of citizen. In order to succeed the company must prove that the impugned law is expropriator of citizen's property.
  16. Social Objective : The present view as regard the legal nature of Company Law is that the company is a social institution having duties and responsibilities towards the community, its workers, the national economy and progress.
  17. Centrally Administrated : The administration of Company Law is entrusted to the Central Government.

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