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Corporate Law Reform In India: Rethinking The Doctrines Of Constructive Notice And Indoor Management


Harini D, O.P. Jindal Global University, Sonipat, Haryana


ABSTRACT


Law is never static; it is dynamic and constantly evolving, responding to the demands and shifts of society. The same can be inferred from the way company law has developed over time. The laws and rules governing company law have been updated and modernized multiple times over the years in response to changing needs and times. In India, the old Companies Act of 1956 was substituted by the Companies Act of 2013 to meet the needs of a modern economy. In an effort to align Indian company law with international best practices in corporate governance and regulation, this Act introduced a number of changes. Given the significance and importance of these reforms, it is critical that they go beyond codified law and incorporate the various doctrines that are important in the field of corporate law. This paper examines two such significant doctrines: the Doctrine of Constructive Notice and the Doctrine of Indoor Management, with the goal of observing how judicial inclination toward the doctrine of indoor management has considerably reduced the significance of constructive notice over time. The purpose of this paper is to assess whether corporate law reforms in India should focus on abolishing the doctrine of constructive notice entirely while strengthening the doctrine of indoor management, and what the consequences of such reforms would be.


Keywords: Constructive Notice, Indoor Management, Judicial Inclination, Corporate Governance, Reforms



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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