Company Law Kls Lecture 1

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Prof. (Dr.) Tabrez Ahmad

Business

Meaning and characteristics ,[object Object],[object Object]

Cont… ,[object Object],[object Object],[object Object]

[object Object],[object Object],[object Object]

Company is not a citizen ,[object Object]

In R. C Cooper v Union of India AIR 1970 1 SCC 564 ,[object Object]

Bennet Coleman Co. v Union of India AIR 1973 SC 106 ,[object Object]

D.C.M Company Ltd. V Union of India and others 1983 5 comp. cas. 674 . ,[object Object],[object Object],[object Object]

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The Corporate Veil garbs the directing minds behind a company's course of action. In a situation of war, the common law makes trading with the enemies an offense and as such if defacto control of a company lies in the hand of enemies, then the company is said to have an enemy character. Thus to determine the character of a company it is essential to lift the corporate veil and identify the persons who are in control of the corporation. This is termed as the analogy of control.

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Introduction and Overview of the Justice System Corporate Existence and Liability Fraud and Internal Controls Week #1 Part #1 1 2 Federal Court Jurisdiction: Limited Jurisdiction The term jurisdiction means the power to adjudicate. As the framers wrote the Constitution, some feared that the federal courts might threaten the independence of the states and the people. To combat this fear the framers set up a federal court system that can only hear cases in special circumstances. This is called courts of limited jurisdiction. Since the federal courts can only hear certain kinds of cases, most of the day-to-day cases that courts deal with happen in state courts. Basically, federal courts hear only 2 types of cases; those that raise a federal question and those involving lawsuits between citizens of different states known as diversity of jurisdiction. Also, all criminal tax cases are federal question jurisdiction arising under Title 18 or Title 26 of the U.S. Code. So, all criminal federal tax cases are filed in the federal district court. Additional some civil tax cases are heard in the federal courts as well. State Court Jurisdiction: General Jurisdiction General Jurisdiction The Tenth Amendment provides that “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The ultimate effect these provisions have upon state courts is to reserve to them the right to hear and decide any legal matter not expressly reserved for the exclusive jurisdiction of federal courts (such as lawsuits between states). Thus, state courts are courts of general jurisdiction. They hear all the cases not specifically selected for federal courts. Just as the federal courts interpret federal laws, state courts interpret state laws. Each state gets to make and interpret its own laws. This helps the states retain power, and makes sure that the national government does not become too strong. The Tax Court: An Inferior Court The United States Tax Court is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides (in part) that the Congress has the power to "constitute Tribunals inferior to the supreme Court". When the taxpayer is called for an audit, the taxpayer has two choices: agree with the IRS or disagree. If the taxpayer agrees, the case is over. If the taxpayer disagrees, the IRS sends the taxpayer a "notice of deficiency" (also called a 90-day Letter), stating the adjustments that the Service wants to make to the tax return. The taxpayer then has 90 days to file a petition with the Tax Court. If not filed within 90 days, the taxpayer has agreed with the IRS. By going to the Tax Court, the taxpayer is suing the IRS in court. The Tax Court consists of 19 judges who travel the circuit to all 50 states. Tax Court cases do not get tried before a jury. In a regular Tax Court case, i ...

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