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Section 3 – Appointment of Registrars (1) The government of the State (called the “appropriate government”) will appoint a Registrar of Trade Unions for each State. (2) The government may also appoint Additional Registrars and Deputy Registrars to help the Registrar. They will work under the supervision and directions of the Registrar. The government will define their powers and the areas where they will work. (3) If an Additional or Deputy Registrar works in the area where a Trade Union’s head office is located, they will be treated as the “Registrar” for that Union under the Act. Section 4 – Mode of Registration (1) At least seven members of a Trade Union can apply for registration by signing its rules and following all requirements under the Act. (2) If some members (not more than half of the original applicants) leave the union or withdraw their names after applying — but before registration — the application will still be valid. Section 5 – Application for ...

  Registration and Incorporation Formation of a Company [S.3]: Under Section 3, a company can be formed “for any lawful purpose” by subscribing to the Memorandum and complying with registration requirements. In particular: a public company requires at least seven subscribers, a private company requires at least two, and a One Person Company (OPC) may be formed by one subscriber (OPC is defined as a private company with a single member). (The OPC’s sole member must nominate another person in the MOA to become member on the first member’s death.) Any such company may be either limited by shares, limited by guarantee, or unlimited. (E.g. Tea Assn. of India v. NDMC held that once properly registered, a company has a separate legal existence from its promoters.) Types of Companies: By definition, a public company has no restrictions on share transfers or maximum members and must carry “Limited” in its name. A private company must (among other things) restrict share tr...

  Disadvantages of Corporate Personality 1. Lifting the Corporate Veil Although a company is ordinarily a separate legal person, courts will pierce its veil in certain cases to hold the true actors liable. For example, if a company’s control reveals hostile or improper purposes, its character is determined (e.g. a company effectively controlled by enemy nationals was deemed an “enemy” company in Daimler Co. Ltd v. Continental Tyre ). Similarly, if a company is used primarily to evade taxes or defraud the public, courts disregard its separate personality. In Sir Dinshaw Maneckjee Petit (tax-evasion case) the company was held a mere façade to dodge tax. Likewise, courts treat a company as a sham or cloak when its form conceals fraud: e.g. in Skipper Construction Co. multiple family-owned companies were treated as one entity because they were “pure cloaks” for illegality. Courts also pierce the veil if the company is acting as an agent or trustee of others. For instance, a ...

  Corporate Personality Definition of “Company” . Under Indian law, a company is an incorporated association of persons. Section 2(20) of the Companies Act, 2013 defines “company” as “a company incorporated under this Act or under any previous company law”. In other words, any corporate entity registered under the present Act or earlier companies acts qualifies as a company. By fiction of law, such a corporation is treated as an artificial person distinct from its members, possessing rights and obligations of its own. Extent of Application (s.1(4)) . Section 1(4) makes clear that the Companies Act, 2013 applies broadly to modern corporate bodies, with specified exceptions. It expressly covers “companies incorporated under this Act or under any previous company law”. It also extends (subject to inconsistency) to insurance companies, banking companies, electricity companies, and other special acts. Thus the Act governs virtually all corporations in India, except where a spe...

How PIL is Utilized in Labour Law:  By: chandan sha  Introduction Public Interest Litigation (PIL) is a revolutionary tool in Indian legal jurisprudence. It has opened the doors of justice to the poor, marginalized, and voiceless sections of society. Among various areas, labour law has seen a significant impact through PILs, especially when the rights of workers are violated, or when state inaction threatens the dignity of labour. This blog explores how PILs have been effectively used to enforce labour rights , ensure workplace safety , and bring legislative reforms —making it a critical topic for law students and researchers. What is PIL? Public Interest Litigation is a legal proceeding initiated in a court not by the aggrieved party but by a public-spirited individual or group for the enforcement of public interest or general welfare. It finds its roots under: Article 32 (Right to Constitutional Remedies) and Article 226 (Writ Jurisdiction of High Courts) of th...

CHARTER OF 1660 Background: After the Restoration of Charles II in 1660, the East India Company sought to renew and expand its privileges in India. The 1660 Charter was granted by King Charles II .  Provisions: Renewal of Trading Rights : It reaffirmed the East India Company’s monopoly over trade in the East Indies. Judicial Powers Granted : Governor and Council were authorized to exercise civil and criminal jurisdiction over British subjects. First legal recognition of Company's judicial authority . Laws to Align with England : The Company could establish courts and enact laws not inconsistent with English law . Right to Punish : Company officials could punish crimes , including capital punishment, after due process. Significance: First time the Company was given judicial authority over English subjects in India. Set the foundation for the later dual system of Company Adalats and Crown courts. CHARTER OF 1661 Background: Granted agai...

Privy Council: History and Development 🔹 1. Introduction The Privy Council was originally a body of advisors to the British monarch, but over time evolved into the highest court of appeal for colonies under British rule, including India. It significantly influenced the development of the Indian legal system until its appellate jurisdiction was abolished in 1949 , after India became independent. 🔹 2. Early Developments and Appeals (1679–1726) The first known appeal from India to the English Crown was not from a court judgment but was a petition against East India Company officials (1679). There was no unified legal structure in India then; different regions had varied systems under Company rule. 🔹 3. Charter of 1726 and Mayor’s Courts The Charter of 1726 established Mayor’s Courts in Calcutta, Madras, and Bombay . Allowed a two-tier appeal system: First appeal to the Governor-in-Council Second appeal to the Privy Council in England . The 1753 Charter reaffirmed...