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Sunday, February 20, 2022

The Doctrine of Lifting the Corporate Veil in Company Law




Although a company is an artificial juristic personality having separate legal entity, in reality the business is carried on by its member shareholders and key managerial personnel. The doctrine of lifting the corporate veil refers to the scenario when the court completely disregards the company and actually concerns itself with the natural persons running its day-to-day operations. However, the court lifts the corporate veil only in exceptional scenarios which are well settled. Let us take a look at these scenarios one by one:

Statutory Provisions

The Companies Act, 2013 itself contains statutory provisions which enjoin the court to lift or pierce the corporate veil to reach the real persons concerned. These provisions are reproduced, below:

Tuesday, February 15, 2022

Advantages and Disadvantages of a Corporate Form of Business in India



Lack of quality jobs and an increasingly virtual work culture brought about due to the COVID-19 pandemic has made many people to take the leap of starting their own business. Yet, first time entrepreneurs struggle with the question: should I start a company? What are the advantages of starting one? What would be my risk and liabilities if I start a company?

This article aims to answer all those questions and elaborates on the advantages and disadvantages of a corporate form of business in India.

Monday, February 14, 2022

Offer, Acceptance and Revocation in the Indian Contract Act, 1872


In the information age, with instantaneous modes of communication, we enter into and terminate numerous contracts on a daily basis. However, the need for a proper understanding of when the offer is initiated, how it is to be accepted, and when it is finally concluded, eludes most of the people even in the legal fraternity. This article aims to examine the scheme and essentials of offer, communication and acceptance provided for in the Indian Contract Act, 1872, which is the governing legislation on Contracts. 

What is an offer? 

The Indian Contract Act does not use the word ‘offer’. Instead, it uses the word ‘proposal’. Section 2(a) lays down that when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtain the assent of the other to such act or abstinence, he is said to make a proposal.