Ashish Agarwal

Advocate | School of Law, Christ University Alumnus

Author Archives: Ashish Agarwal

International Administrative Law- Origin, Elements and Features

International Administrative Law as a branch of law and governance emerged first in the mid-nineteenth century and quickly gained limelight. However, in the recent past, the term has been replaced in use with the term “Global Administrative Law”, which tends to demarcate the field to be more than just a subsidiary field under the ordinary International Law. In……...

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Administration and Good Governance

Good Governance: It is the normative guiding principle of administration (the function for which a democratic government is elected and good governance is the set of principles on how they should carry out the administration). It is a pre-condition for the development of a nation or any administrative unit. Good governance lays out how democracy is to be……...

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Top 20 Legal Developments of 2020

Legal Developments of 2020: The pandemic and its consequential lockdown may taint the zeitgeist of the belated (finally) year to be one of global halt, idleness and ruin, but the legal fraternity did not succumb to its blow. The needs of the hours were met through the year with the luminaries literally burning the midnight oil as they… Read More »

Shares, Share Capital and Debentures: Explained

The Companies Act, 2013 (‘the Act’) defines the term ‘share’ in Section 2(84) as a share in the share capital of a company which includes stock unless such differentiation between the two is made out. The definition does not help us understand its nature and hence, the courts and jurists have given us many important definitions for the……...

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National Company Law Tribunal (NCLT)

In this article, Ashish Agarwal discusses the formation and functioning of the National Company Law Tribunal (NCLT). I. Background & Importance The Company Law Boards (CLB) were replaced finally with the new, powerful National Company Law Tribunal (NCLT) or “The Tribunal” by passing a government notification under Section 408 of the Companies Act, 2013 on 1st June 2016……...

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National Company Law Appellate Tribunal (NCLAT)

The constitution of the National Company Law Tribunal and the National Company Law Appellate Tribunal (NCLAT or the Appellate Tribunal) was recommended by Justice Eradi Committee in 1999 and was subsequently carried out by an amendment in 2002. However, upon a challenge to its validity in the Madras Bar Association case of 2010, it was stopped in its……...

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Doctrine of Indoor Management in Company Law

Two doctrines in Company Law running anachronistic to each other are the Doctrine of Constructive Notice and the Doctrine of Indoor Management respectively. These are widely accepted principles evolved through common law judgments infusing reasonableness, fairness and equity to statutory enactments. The former protects the company against ignorant or malicious contractors and bears semblance to the caveat emptor……...

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Doctrine of Harmonious Construction: A Comprehensive Analysis

The Doctrine of Harmonious Construction: The Parliament makes a separate set of statutes, rules and legislation as well as constitutional provisions under their well-defined powers. While the framing of these provisions has to be done very carefully, conflict still occurs sometimes due to overlapping in their enforcement. This is because there are chances of certain gaps being left……...

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Doctrine of Ultra Vires in Company Law

The Doctrine of Ultra Vires: The Memorandum of Association of a company defines the objects a company is working for and the powers and rights through the exercise of which it seeks to achieve those objects. Section 4(1)(c) states that a company should lay down its objects and anything necessary in furtherance of such objects in its memorandum. This……...

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Articles of Association: Meaning, Nature and Explanation

The Articles of Association (AoA) of a company or just “articles” are in simple terms, its bylaws. These are the rules and regulations which govern and facilitate the daily working of the company. So when a person joins a company, by the virtue of being a member, s/he imbibes certain rights and duties in his/her name. These rights……...

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