Trilok Gupta's Blog

Company: The word “Company” is derived from a Latin word “Com” means “together” and “Panis” means “Bread”. It means, an association of persons had meals together and started discussing on the future venture. When such association got registered or incorporated as per law, it becomes a company with corporate personality. As per Sec-2(20) of Company Act 2013, a company means, A company incorporated under this act or any previous company law i.e. the company established under any existing company law, will continue to be a company. A company on incorporation becomes a separate legal entity and it is distinct from its members. A company is an artificial person and is managed by a natural person. It is vested with many rights, duties and powers as prescribed by the law. The company is distinct from its members and thus an Imaginary veil separates a company from its members. According to Justice James, a company is an association a person’s united for a common purpose. Characteristics: 1) C...

Allotment of Shares: Offer for shares are made on the application forms supplied by the company. When an application is accepted, it is an allotment. An allotment is not defined in the act. Spitzol V Chines Corporation It is said that the allotment of the shares is done by a resolution of directors of a company. Statutory Restrictions on Allotment (Sec-39): 1) Minimum Subscription 2) Application Money 3) Application money to be kept in the Bank 4) Repayment if the minimum subscription is not received 5) Shares to be dealt in the stock exchange 6) No Opening of subscription list before 5th day after the issue of prospectus. Minimum Subscription: When the shares are offered to the public, the amount of minimum subscription has to be stated in the prospectus, if not mentioned, then it is invalid. Application Money: The amount of the application form shall be less than 5% of the nominal amount of each share. Application money to be kept in a Bank: All the moneys received from the sha...

Winding Up: 1) Winding up of a company is a process through which the life of the company comes into an end. 2) In this process the management of the company is taken away from the hands of the Directors of the company. 3) An administrator called a liquidator is appointed and he takes the control of the company, collects the assets, liabilities are discharged (i.e. all the creditors) and finally distributes if any surplus among the members. 4) At the end of the winding up, the company is left with no assets and liabilities and thus gets formally dissolved. Compulsory Winding up: 1) The winding up process done by the tribunal is known a compulsory winding up of a company. 2) It is also known as Tribunal Winding up. 3) Chapter XX, Part – 1of the CA 2013 deals with the compulsory winding up. Grounds for winding up by Tribunal: 1) Special Resolution 2) Acts against sovereignty 3) Default in filing the statements 4) Fraudulent Conduct 5) Just and Equitable. Person who can file a Petition to...

  I was featured in Times of India Newspaper for my legal case against AKASH Institution in Bangalore. The date 10th Feb 2021 the judgement was announced. Please read and comment.

 Republic Day 26 Jan 2021 Celebration at ETA GARDEN Apartment I, Trilok Chand Gupta Joint Secretary of ETA Garden have celebrated and raised our country Flag at our pavilion. It's been published in the News Paper for welcoming people for Flag Hoisting.

Selected as Joint Secretary at ETA Garden Apartment TGAOA Committee Election 2021 Trilok Gupta Bio for the Committee election published on the magazine.  

https://youtu.be/hy2ztikyzP4

  Insanity (Sec-84) Act of a person of unsound mind is given under Sec-84 as, “Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that what he is doing is either wrong or contrary to law” The law of Insanity was introduced by a leading case of McNaughton. In R V Mc. Naughten Facts: Daniel Mc. Naughten the accused, murdered Mr. Drummond, the private secretary of Sir. Robert Peel, the Prime Minister of England, by confusion that Mr. Drummond was Sir. Robert Peel. He was tried for murder. On behalf of the accused, the defense counsel pleaded that, the accused due to the insanity, he was not able to know that he was violating the laws of God and man. It was established that the accused lost his power of control of mind, while committing the offence, a medical report was also produced to that effect. Judgment: The court acquitted Mc. Naughten on the grounds of Insanity. Mc. Naug...

Unlawful Assembly (Section 141): Unlawful assembly is an assembly of 5 or more persons with the common object: 1)  to over-throw by criminal force the Government or the legislature or 2)  To resist the execution of any legal process 3)  To commit mischief (Sec-425), criminal trespass (441) 4)  To obtain property or right by criminal force or 5)  To criminally force a person to do an act which he is not bound to do, or to force him not to do an act which he is bound to do. If a person is a member of an unlawful assembly then that person is punishable. An assembly which is not unlawful in the beginning may become unlawful subsequently. The purpose or common object decides the nature of the assembly. Essentials: 1)  The essentials are that there should be five or more persons and there should be the common object as specified in Sec-141. 2)  This is different from common intention in Sec-34. For unlawful assembly prior meeting of minds is not essential. 3...

 Jurisdiction of Criminal Courts:  The Jurisdiction of the Criminal Courts is:  1. Territorial Jurisdiction (Sec-2)       a) Personal Jurisdiction       b) Intra-Territorial Jurisdiction  2. Extra- Territorial Jurisdiction       a) Extension of the Code to the Extra- Territorial offences (Sec-4(1))       b) Admiral Jurisdiction (Sec-4(2))  3. Certain Laws not to be affected by IPC (Sec-5)  4. Exceptions.  1. Territorial Jurisdiction: (sec-2)  It means the power of the state to exercise the jurisdiction within its territory of India. According to sec-2, any person who is found guilty of committing an offence within the territory of India including the territorial waters is punishable.  The territorial Jurisdiction is divided into 2 types:  a) Personal Jurisdiction  b) Intra- Territorial Jurisdiction a) Personal Jurisdiction:  According to Sec-2 of IP...

  THEFT (Section 378) Sec-378 Indian Penal Code defines theft. A person is guilty of theft is he takes with dishonest intention, any moveable property, out of the possession of any person, without his consent and moves with the property. 1)  If an item is attached to the earth, it cannot be stolen, but if it is freed from the earth it may be stolen. 2)  Moving the property is essential. Removing an obstacle amounts to theft. Eg: 1) A cuts down a -tree from the field of Z with a view to dishonestly taking the 2) tree. He has committed theft. A meets a bullock cart carrying valuable articles, he causes it to be moved in a different direction with a dishonest intention to take it. This is theft. Essentials: 1. Dishonest taking. 2. Moveable property 3. Out of the possession of the person 4. Without consent 5. Moving with the property 1. Dishonest Taking: The dishonest intention is the gist of the offense. The accused must make wrongful gain or wrongful loss. The taking must b...

Different stages of Crime It involves 4 stages: 1) Intention 2) Preparation 3) Attempt 4) Accomplishment Different Stages of Crime: 1. Intention: It is the first stage in the commission of an offence. Intention means to do an act in the future. Criminal intention means designing of doing an act that is forbidden by the criminal law without Just Cause or excuse. It is difficult for a prosecution to prove the guilty intention of a person to commit an offence. Intention to commit the crime is not punishable unless it is made to know to other either by words or by conduct. Eg: Waging War against the Government, sedition etc. 2. Preparation: The second stage in commission of a crime is “Preparation”. Preparation means “to arrange the means or measures which are necessary for the commission of the criminal act”. Preparation is the action of preparing or getting ready. It is very difficult for the prosecution to prove that necessary preparation has been made for the commission of the offence....

WRONGFUL RESTRAINT AND CONFINEMENT (Section 339-340) Wrongful restraint and wrongful confinement are two offences according to the I.P.C. under Sec- 339 and 340, which punishes the individuals for the violation of a person's movements. Wrongful restraint (Section 339): A person who voluntarily obstructs another, so as to prevent him from proceeding in any direction in which that person had a right to go, is guilty of wrongful restraint. Exception: A person who, in good faith, believes that he has a right to pass. Eg: 1) A removed the ladder and prevented B from getting down the roof of a house. 2) A builds a wall across a path along which B had a right to pass. In all these cases the accused is guilty of wrongful restraint. Punishment (Sec- 341): Sec-341 provides punishment for wrongful restraint. It is simple imprisonment for a term, which may extend to one month or with a fine which may extend up to Rs.500 or both.           In Sobha Rani V The King The accuse...

  Rape (Section 375): A man is said to commit rape. Who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions— 1)  Against her will. 2)  Without her consent 3)  With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt. 4)  With her consent, when the man knows that he is not her husband, and her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married. 5)  With her consent, when at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent. 6)  With or without her consent, when she is under 16 years of age. E...

Punishments: The punishments, to which the offenders are liable under the provisions of Indian Penal Code 1860, are: 1) Death Penalty or Capital Punishment 2) Life Imprisonment 3) Imprisonment a) Rigorous b) Simple 4) Forfeiture 5) Fine 1. Death Penalty or Capital Punishment: It is the most serious nature of punishment. Some Countries abolished it. It is awarded in India in certain exceptional cases. The offences which are punishable with death sentence under the Indian Penal code includes: a) Waging war against the Government of India (Sec-121) b) Abetting Mutiny that is actually committed (Sec-132) c) Giving or Fabricating false Evidence upon which an innocent person suffers death (Sec-194) d) Murder (Sec- 302) e) Abetment of Suicide of a minor or of a insane or of an intoxicated person (Sec-305) f) Attempt to Murder by a person under the sentence of Imprisonment for life, if hurt is caused (Sec-307) g) Punishment for repeat offenders (previously convicted for an offence punishable u...

Public Servant (Section 21) Section 21:- Public servant …….. The words public servant denotes a person falling under any of the descriptions hereinafter following namely: First: - Repealed Second: - Every commissioned officer in the military Naval or Air Forces of India Third: - Every judge including any person empowered by law to discharge, whether by himself or as a member of any body of person any adjudicatory functions; Fourth: - Every officer of a court of justice whose duty is, as such officer to investigate or report on any matter of law or fact or to make, authenticate, or keep any document, or to take charge or dispose of any property or to execute any judicial process or to administer any oath, or to interpret or to preserved order in the court and every person specially authorized by a court of justice to perform any of such duties Fifth: - Every juryman assessor or member of a panchayat assisting a court of justice or public servant. Sixth: - Every arbitrator or other ...

Public Nuisance (Section 268): Nuisance : It is an act or omission, interfering with the rights of another to enjoy some property by causing damage or physical discomfort. There are 2 types: 1) Private Nuisance 2) Public Nuisance 1. Private Nuisance: Private Nuisance causes an injury, damage or discomfort to an individual or to a group of individuals. Eg: Listening to Radio in loud Sound causing disturbance to the neighbors. 2. Public Nuisance: Public nuisance causes injury or damage or inconvenience to the public at large and people in general. Eg: Obstructing a public way by digging a trench on highway. Sec-268 defines Public Nuisance as, “A person is guilty of a public nuisance, who does an act, which causes any injury, danger to the people in general”. In Re. Venkata Reddy Case, In this case, the accused in front of his house built a cross bund across the road. As a result, the flow of rain water was stagnated causing inconvenience to the public. It was held that it was a clear cas...

The Right of Private defense: (Section 96 to 106): One of the fundamental principles of law is that every individual has a right to defend himself and his property. This is the doctrine of self-defense or self-preservation. Sec. 96 to 106 has recognized this rule and have provided for the limits within which it may be exercised. This may be discussed under two heads: a) Right of person b) Right of property 1. Right of person: A) Every person has a right to defend his own body and the body of any other person against any person. (Sec-97) B) Against a madman etc: The right extends in all circumstances against anyperson who is insane, drunk or who by a reason of youth immaturity is excused under law (Sec- 98) Eg: Z under madness attempts to kill A.A may defend and even kill Z if circumstances so warrant. C) Extension of the right: Sec-100 provides as follows :A person who is under a reasonable apprehension that his life is in danger,may to defend himself, voluntarily cause the death of th...

  Possible Parties to a Crime: There are 4 types: 1) Principle in the 1st Degree 2) Principle in the 2nd Degree 3) Accessories before the fact 4) Accessories after the fact 1. Principle in the 1st Degree: Any person who actually commits or has committed or participates in the commission of a crime is called the Actual Offender is also known as Principles in the 1st Degree. The person of the Principle in the 1st Degree is awarded by punishment as per the law. Eg: Q) A and B plans to commit a robbery in a house after breaking it? Ans) both are of the Principle in 1st Degree. 2. Principle in the 2nd Degree: Any person, who directly or indirectly aids, assists, encourages or instigates the offender during the commission of offence or crime is called Principle in 2nd Degree. The person of the Principle in the 2nd Degree may or may not be physically present at the time and place of occurrence. Eg: like Terrorist. Q) B waits outside the house and keeps a watch for any unexpected situation...

Offences Relating to Marriage (Section 493 to 498): Sec-493 to 498 of IPC deals with the offences relating to the marriages, they are: a) Mock Marriage b) Bigamy c) Adultery 1. Mock Marriage: Mock Marriage means Invalid marriage. It is a sexual intercourse by a man with a married or unmarried woman of any age, whom he induces to be his wife, but in fact he is a concubine. It shall be punished with an Imprisonment up to 10 years and fine. Ingredients: a) The accused has done sexual intercourse with the prosecution. b) He has not legally married to her. c) She has given a consent for sexual intercourse believing that he would marry. d) Such belief in her was induced by the accused. Marriage ceremony fraudulently done without lawful marriage (Sec-496): As per sec-496, Whoever dishonestly or with a fraudulent intention has gone through the ceremony of being married, knowing that he is not been lawfully married, shall be punished with an Imprisonment up to 7 years with fine. Ingredients: a)...