Company Secretary and Licenciate Financial Analysists
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Incoterms allocation of delivery obligations and risk determines which party bears carriage, insurance, and import/export duties.
INCOTERMS allocate delivery obligations, costs and risk between seller and buyer when incorporated into a sales contract, without creating the contract or altering the governing law. The 2010 revision reorganises terms into multimodal and sea-only rules, adds DAT and DAP, and changes which party bears carriage, insurance, export/import clearance duties and the precise point of risk transfer; parties must nominate named places or terminals to fix operative points. (AI Summary)
Other Topics
Contract of indemnity secures compensation for losses caused by another's conduct and permits recovery before actual payment.
A contract of indemnity is a promise to save another from loss caused by the promisor's or any other person's conduct; it may be express or implied, and indemnifier liability arises when the indemnified's loss is absolute, certain or imminent. The indemnified may recover damages, costs and sums prudently paid in compromise and may seek specific performance if covered; the indemnifier, upon making good the loss, is subrogated to the indemnified's remedies. Validity of indemnity agreements is governed by general contract principles. (AI Summary)
Other Topics
Minor's capacity to contract: agreements by minors are void and limited restitution or necessaries reimbursement may apply.
Minor contracts are void ab initio; minority is a solvable factual defence permitting avoidance even after misrepresentation, with no estoppel or post-majority ratification. Limited equitable restitution may compel return of traceable property, while suppliers of necessaries can claim reimbursement from a minor's estate but not personal liability. Statutory or guardian-authorised transactions and certain benefit-based contracts may create narrow enforceable exceptions; partnership participation, transfer rules for onerous gifts, shareholding in trust, trade-union membership, and exclusion from insolvency proceedings receive specific statutory treatment. (AI Summary)
Other Topics
Copyrightability of scent: original, perceptible smells may attract protection and require scientific and panel testing for infringement.
A perfume's smell can be copyrightable if it is an original, perceptible and traceable olfactory expression distinct from the physical carrier; infringement inquiries rely on laboratory analysis and human panel testing to determine whether a contested scent reproduces the protected expression, while common natural smells and exact replications lack originality and remain unprotectable. (AI Summary)
Other Topics
Exemption from disclosure requirements allows limited non disclosure in profit and loss accounts subject to board approval and safeguards.
Specified classes of companies may omit designated Part II Schedule VI disclosures in the profit and loss account where the board approves non disclosure, the notes record the exemption, Accounting Standards are complied with, financial statements remain true and fair, regulators may still require information, and foreign currency is translated at closing rate; for manufacturing, multiproduct and trading firms the concession applies only to items individually below ten percent of the relevant aggregate. (AI Summary)
Corporate Laws / IBC / SEBI
Exemption for financial institutions: selective investment disclosures required under Companies Act, subject to category and threshold rules.
Exemption under Section 4A permits public financial institutions to furnish summarized, category wise disclosures of investments in balance sheet notes instead of the full statement required by Schedule VI, while mandating full disclosure for immoveable property, partnership capital investments, all unquoted investments, and investments in subsidiaries. Quoted investments must be shown by specified categories and any investment exceeding the per investment threshold in a category must be specifically disclosed; further specific disclosures are required until specific entries represent at least half the category's total value. Institutions must undertake to furnish particulars to shareholders and file particulars with regulators as necessary. (AI Summary)
Corporate Laws / IBC / SEBI
State responsibility for transboundary pollution requires preventing use of territory that causes serious injury to another state.
The Trail Smelter arbitration affirms that a State may not permit use of its territory so as to cause clear and convincing injury of serious consequence to another State, requiring indemnity and conditional operational measures to prevent recurrence while allowing continued operation subject to safeguards. (AI Summary)
Environmental Law
Pacta Sunt Servanda principle underpins modern contract law, driving remedies beyond medieval writs and prompting codification.
The article explains that common law contract remedies evolved from tort-based writs (debt, covenant, trespass, deceit, debt-debtenu) and from characterisations of defendant conduct as misfeasance, malfeasance and nonfeasance. It notes the development and adoption of Assumpsit to address breaches of executory promises and invokes the Roman-Germanic principle Pacta Sunt Servanda as foundational for enforcing promises. Industrialisation revealed the limits of writs, generating demands for codification to secure transparency, stability, wider remedies (notably for services) and legal accessibility, leading to national codified contract law. (AI Summary)
Other Topics
Mareva injunctions restrain asset disposal to preserve potential judgment satisfaction, subject to claimant cross-undertakings.
Mareva injunctions allow an ex parte restraint on a defendant and those controlling the defendant's assets to prevent disposal of assets within the court's jurisdiction where affidavit evidence shows a real risk that dissipation would defeat satisfaction of an eventual judgment; relief is conditional on the claimant's cross-undertaking to compensate for wrongful harm and indemnify third parties, is ad personam, does not alter creditor priority, and permits the defendant, under court supervision, to meet reasonable expenses from frozen funds. (AI Summary)
Corporate Laws / IBC / SEBI
Applicability of general meeting provisions: public companies and private subsidiaries subject to statutory rules, articles, and class-specific modifications.
Sections 171-186 set the operative statutory framework for general meetings: they govern applicability to public companies and private subsidiaries, allow private companies to be subject to these provisions unless the Act or their Articles provide otherwise, require modifications for proxy and class-specific rules, and treat class meetings as subject to binding contracts while prohibiting Articles or contracts inconsistent with mandatory statutory provisions; Table A regulations supplement these rules and common law fills gaps. (AI Summary)
Corporate Laws / IBC / SEBI