GLClawnotes

1. Under comapny act 2017 shall be high court having jurisdiction in place where registered office of the comapny situate. 2. Any other court shall have jurisdiction to entertain any other suit or proceeding in respect of any  matter which the court is empowered to determine by or under this act. 3. For the purpose of winding up the company writ petition will be  present where camapny office  during the one hundred and eighty days situated. 4. In each High court one or more benches on permanent basis known as company banch and constituted by chief justice of high court . 5. There shall be a registrar  to known as registrar of company banch , duly notified by the chief justice of respective high court who shall assisted by such other officers as may be assigned by chief justice of respective high court. 6. The Registrar of the campany banch shall perform all function assigned by under this act including all ministerial and admistrative business of comany bench. ...

There are three different types of precedent.   original precedent is referred to the initial, new precedent to be set as there is no previous decision the judge to follow until that point of time. It means that there will be new set of the ratio decidendi to follow in the similar future cases. Normally, as there was no earlier decision to follow, the judge would give the reason by analogy. However, judges would try to look for the nearest cases to consult. As an example of an original precedent, there is a famous case Donoghue v. Stevenson (1932) which brought major development on negligence law. Although there was a concept of a duty of care within particular circumstances, generally between contractors, this case widened its application and the point of law as Lord Atkins made the precedent as known as the neighbor principle.   binding precedent refers where the present case has to follow the previous decision when there is a sufficient similarity of the facts in ...

The statements outside the ratio dicidendi are called the Obiter Dicta. As its meaning, the Obiter Dicta does not state the primary reasoning of the decision, therefore it is not binding for the future decisions. Although it is not a part of the precedent, some of the Obiter Dicta can be referred in the future case to make the certain view to the law more persuasive. In the case of Carlill v Carbolic Smoke Ball Co Ltd (1892), the obiter dicta would be ‘If I advertise to the world that my dog is lost, and that anybody who brings the dog to a particular place will be paid some money, are all the police or other persons whose business it is to find lost dogs to be expected to sit down and write me a note saying that they have accepted my proposal? Why, of course, they at once look [for] the dog, and as soon as they find the dog they have performed the condition.’ [1] The judge added this part to assist his view on the decision.

The ratio dicidendi means the reason for the decision. It literally means the main reason why judge has come to the decision. It would be the rule of law that governs the decision and, it is a general statement that does not involve particular details in each case. It is set for the precedent to apply in the future case decision. As an example of the ratio, in the case Donoghue v. Stevenson (1932), a client became ill after drinking spoiled ginger beer which was a dead snail in and sued the manufacturer, the ratio decidendi is to be the part that read ‘a person owes a duty of care to those who he can reasonably foresee will be affected by his actions. The ratio of Donoghue v. Stevenson (1932) subsequently brought major development to the law of negligence.

As the doctrine of precedent is an essential part of English legal system, knowing how it works is also undeniably important. Within the hierarchy of English courts structure, it is a general idea that in some cases are bound to follow previous decisions while some cases are not. The operation of the doctrine of pll9lprecedent is based on Stare Decisis which is a Latin term meaning that stand by the previous decision. The doctrine of precedent refers that the legal decisions made by judges in higher courts are remained as a precedent, so the decisions made by lower or equal courts in future are needed to be followed the earlier decision made in the higher courts. It is believed that the doctrine of precedent brings certainty to the English legal system. In each case, judges are to provide ju111dgments upon their decisions. This judgment has to provide two types of states. Which are the Ratio dicidendi and the Obiter dicta. The ratio dicidendi means the reason for the decision. I...

Code of Criminal Procedure* on finger tips: 💨 *Criminal courts*- (sec 6-17) 💨 *Justice of peace* - ( sec 22,22-A,22- B,25) 💨 *Power of courts*- (28-41) Imp sec (30+34,31,32,33) 💨 *Aid to Mag & Police*- (42-45) 💨 *Arrest generally how made* (46-53) Imp sec 51 💨 *Arrest without warrant*(54-67) Imp sec (57,61,63,65) 💨 *Process to compel appearance and produce document* ( 68-74)(90-94) Imp sec (90,91,94) 💨 *Warrant of arrest* (75-86-A) 💨 *Proclamation and attachment* (87-89) 💨 *Search warrants* (96-105) Imp sec (98,100,103) 💨 *Wrongfully confined person/ Habeous Corpus* (100+491+552) 💨 *Security for keeping peace* (106-126-A) Imp sec (106,107,116,123) 💨 *Unlawful Assembly* (127-132-A) 💨 *Public Nuisance* (133-144) Imp sec (144) 💨 *Disputes to immovable property* (145-148) 💨 *Preventive action of police* (149-153) 💨 *FIR and power to investigate* (154-176) Imp sec (154,155,156,161,164,165,167,173,176) 💨 *Statements of witnesses* (164+364+533...