Young Leaders for Legal Literacy Foundation

CORPORATE RESTRUCTURING AS A CORPORATE ACTION

By singhsakshi142211

Growth in a business organization is primarily either organic or inorganic. Organic growth results through the organization’s own internal strategies such as capital restructuring or business restructuring. Such internal strategies result in increased customer base, higher sales, and revenue. This, however, does not result in a change in the corporate entity. Inorganic growth, on the other hand, is often attained by enhancing output and business reach through mergers, acquisitions, amalgamations, takeover and other corporate restructuring which result in a change in the corporate entity. Corporate restructuring, thus, is a means to attain inorganic growth in an organization.

In times of economic slump ‘corporate restructuring’ becomes the most talked of term in any business organization. While ‘restructuring’ refers to any changes brought about in the organization but the term ‘corporate restructuring’ is often done when the business is in a financial jeopardy.

Posted on Jan. 4, 2021, 2:02 p.m.

Overview: CONSTITUTIONALISM_THE SINE QUA NON OF A DEMOCRATIC SOCIETY

By singhsakshi142211

Constitutionalism, a set of ideas and doctrine that states that the government can and should be legally limited in its powers and that only when such limitations are observed by the government, can the government’s legitimacy and authority stand in a truer sense. Although this theory is sometimes used as a synonym for limited government, however that just remains only one interpretation of this idea of constitutionalism and more often than not it is an effort to prevent arbitrary government. While Constitutionalism stands for governing the legitimacy of the government, the doctrine of rule of law is all pervasive in a democratic set-up. Rule of Law speaks about the supremacy of law, the concept of equality before law and the predominance of legal spirit. The third principle of rule of law that is ‘the predominance of legal spirit’ talks about the judge-made constitution and establishes the supremacy of precedents over a written constitution, as Dicey, who developed this doctrine of Sir Edward Coke, believed that a document cannot be the chief source of law as it can get ignored or trampled upon. However, if one is to look at the doctrine rule of law as it operates in India, one can then safely deduce that a written constitution can be a huge success. This Article is analyzed in this light of ‘constitutionalism’ and ‘rule of law’ as it operates in the democratic set-up of India.

Posted on Dec. 25, 2020, 4:52 p.m.

THE INSUFFICIENT LAWS TO COMBAT ANIMAL CRUETLY

By singhsakshi142211

India with the enormous amount of animal abuse incidents have reflected on brutality, the lack of compassion and the absence of adequate legal provisions to reach and remedy the crime. The present animal protection laws highlight lack of proportionality between the offence and the punishment. This article attempts to inflict light on rising cases of animal cruelty and the casual attitude of the legislature and the society towards the same.

Posted on Dec. 25, 2020, 3:38 p.m.

SECTION 28DA OF CUSTOMS ACT 1962 AND CAROTAR RULES 2020- IS REMEDY BETTER THAN DISEASE

By singhsakshi142211

“Where there is an opportunity of benefit, there is a misuse” unfair trade practices distort the international market and time and time again international treaties as well as domestic laws have been strengthened to prevent misuse and procure unethical benefits out of ethical practices. This article analysis the legal provision enacted and implemented in 2020 which aims at supplementing and strengthening certification process of rules of origin in India and determines whether such enactment has proved to be more of a problem than solution.

Posted on Dec. 19, 2020, 6:38 p.m.