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DOCTRINE OF ULTRA VIRES-BEYOND POWER

DOCTRINE OF ULTRA VIRES-BEYOND POWER INTRODUCTION A company is an artificial person, its powers are defined in its memorandum. The Memorandum of Association (MOA) is the constitution of the company. Under Section 4 [1] of the Companies Act, 2013, it contains the name, address, goods and territories of the company and determines the power for the directors of the company. The object clause in the company's memorandum contains the object for which the company is created. If the company or directors and members of the company act beyond their authority, then the item is calculated in the clause, which will be the sum of ultra tires. “The Latin word Latin ultra vires means beyond power” . An ultra vires act is null and void and cannot be ratified by the directors, even if they wish later. Under section 4(1)(c)[2] of the companies it is stated that any matter which is considered necessary should be mentioned in the object clause of the memorandum because if at a later stage the dire

SUPERDARI

SUPERDARI INTRODUCTION It is a normal procedure by the police that during any investigation or interrogation, they seize any property that they think is evidence and will be helpful in the process of trial, .The property also includes money that has been stolen and recovered. The main question that arises in the mind of a rational person is, what next? How to return property? If a person waits for the test to end then it may take one year, five years or ten years, so one cannot wait for so long. Therefore, the basic rule relating to disposal of property that people generally know is that one can get their property back only after the trial ends. However, there is a provision under the Criminal Procedure Code, 1973 which allows a person to temporarily regain possession of property that was confiscated.   MEANING OF PROPERTY Under this section, property means all types of property and documents which have been produced before the court and which are in the custody of the court. It

BLUE PENCIL RULE-CONCEPT OF SERIOUSNESS

BLUE PENCIL RULE-CONCEPT OF SERIOUSNESS WHAT IS‘BLUE PENCIL’ RULE? According to the Oxford Dictionary of English , blue pencil means to censor or cut a manuscript, film, or other work. Blue pencil was previously used by editors to improve copy. According to Black's Law Dictionary , the Doctrine of Blue Pencil is a judicial standard to decide whether to invalidate the entire contract or just objectionable terms. Under this standard, only offensive words are invalidated if it is possible to remove them by running a blue pencil through them, as if to change, add, or reorder words. The Blue Pencil Rule only allows courts to eliminate the offending provisions and enforce the rest of the agreement.   SCOPE OF BLUE PENCIL RULE ·         The general rule of contract law is that illegal parts of a contract are illegal and therefore inaccessible. But many contracts are in the form of a part or a clause which are illegal and legal as the rest of the other parts.     ·         In s