Legal Doctrines & Principles By Dr. K R Chandratre

Legal Doctrines & Principles By Dr. K R Chandratre

About the Book

Essential Legal Doctrines and Principles Explained with Authority and Clarity

This book under the Selected Writings of Dr. K. R. Chandratre series offers a comprehensive and jurisprudence-driven exposition of the fundamental legal doctrines and interpretative principles that govern corporate law and related regulatory frameworks in India. Drawing upon statutory provisions and an extensive body of Indian and English case law, the book provides clarity on doctrines that frequently determine the validity of corporate actions and the outcome of disputes.

Key Highlights

1. Lifting and Piercing of the Corporate Veil: Evolution of the doctrine, circumstances warranting veil lifting, holding-subsidiary relationships, alter ego theory, and recent Supreme Court decisions.
2. Principles of Natural Justice: Applicability to governmental and quasi-judicial actions under company law, requirement of fair hearing, reasoned orders, and expanding judicial standards
3. Doctrine of Indoor Management and Ratification: Protection of third parties, limits of the doctrine, and validation of unauthorised corporate acts through express and implied ratification.
4. Statutory Interpretation and Computation of Time: Prospective versus retrospective operation of statutes, interpretation of time-limit expressions, computation of limitation periods, and legal consequences of delay.
5. Legal Status and Service of Documents: Evidentiary value of statutory certificates, registers, and minutes; service of documents by post and electronic means; and presumptions under law.
6. Jurisdiction, Contracts, and Restraint Clauses: Jurisdiction clauses, ouster of courts, non – compete and confidentiality clauses, and their enforceability under Indian law
7. Acting in Concert: Detailed analysis of the concept under SEBI Takeover Regulations and the Insolvency and Bankruptcy Code, with judicial interpretation

Content of the Book

1. Lifting of corporate veil
2. Principle of natural justice
3. Doctrine of ‘indoor management’
4. Doctrine of ratification
5. Prospective or retrospective operation of a statute
6. Time limit expressions
7. Interpretation of law
8. Conclusive evidence of a transaction
9. Period of time
10. Serving of document
11. Legal status of documents
12. Jurisdiction
13. Non-compete and confidentiality clause
14. Acting in Concert

About The Author

Dr. K R Chandratre is a Practising Company Secretary of about 23 years’ standing. He has been associated with the profession of Company Secretary for over 45 years. Prior to entering the profession, he served for three vears as a Lecturer in Commerce and Accountancy at R. A. Podar College of Commerce & Economics, Mumbai.