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A start-up, or any business is in every sense the child of the entrepreneur. The birth an idea and the development of it in a business depends upon a lot of aspects. A business for that matter is an independent concern, rather, an independent person  having its own identity apart from the entrepreneur himself. legally speaking, the business is an independent personality having its own name, face, and character.  All these three aspects carry a weight in the market, which ultimately has an effect on the  development and success of the enterprise. Since the business is a child of the…

one positive and one negative note in 1973. The positive note was the coining of theory of “Basic Structure of Constitution”and the negative note was the darkest part of judicial history of this country by appointment of A N Ray J. as the Chief Justice, superseding three senior judges, who ultimately resigned. That was the classic example of the executive interfering and influencing the judiciary. Though the Supreme Court then was successful in telling the Legislature. ‘You have power, but not absolute power, you may change but not destroy, not wipe out of existence that very power that created you.’Thus,…

Last month we had delineated from the series to discuss public finance. However today proceeding with the series we now come to the most important provision under the Indian Constitution, the same being, the provision under Article 21. Article 21 guarantees the most important and inalienable right of any living being that is the right of life. “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The term personal liberty was first interpreted by the Supreme Court in the case of Gopalan wherein it was given a very narrow meaning and…

“The very idea of government, republican in form, implies a right on the part of its citizens to meet peaceably for consultation in respect of public affairs.”  expressed the U.S. Supreme Court in U.S. v/s Cruikshank in 1875. It follows, therefore, that the freedom of assembly is an adjunct of and equally essential as the freedom of expression to a democratic system of government. Our Constitution under Art,(19)(1) guarantees to all citizens of India right “to assemble peaceably and without arms.” The right assembly includes the right to hold meetings and to take out processions. This right however is subject…

Since we are in the month of March, when all of us invariably pay our taxes and discuss the “Budget” by the Government, in this month I am dealing with the provisions of Public Finance under the Constitution.   A Government cannot exist without raising and spending money. However, it is the parliament that controls public finance which includes granting of money to the administration for expenses on public services, imposition of taxes and authorization of loans. The Indian Constitution sets out and elaborate mechanism for securing parliamentary control over finances.   The very first principle being, the relation between…