The lex insight

Introduction to Subject matter of copyright (literary, dramatic, musical, artistic works) Copyright law does not protect all creations of the human mind. Its protection is confined to specific categories of works that fall within what the law recognises as the subject matter of copyright. This idea of subject matter is foundational. Before any discussion of ownership, duration, infringement, or remedies can arise, one basic question must be answered: is the work of a kind that copyright law protects at all? The answer to that question depends not on the merit, quality, or commercial value of the work, but on whether it falls within the legally recognised classes of copyrightable subject matter. The classification of subject matter reflects an attempt by the law to balance inclusiveness with certainty. On one hand, copyright must be broad enough to accommodate evolving forms of creativity. On the other, it must be precise enough to avoid granting monopolies over ideas, facts, or abs...

 Introduction: Law as an Instrument of Imperial Governance The Mughal Empire represents one of the most sophisticated experiments in governance in pre-modern South Asia. While Mughal military organization, architecture, and cultural patronage are frequently discussed, the legal system that sustained imperial authority over a vast and diverse population often receives comparatively less attention. The Mughal legal system was neither a rigid theocracy nor a purely customary arrangement. It was a carefully balanced structure in which imperial authority, Islamic legal learning, and local practices coexisted within a coherent administrative framework. At the center of this system stood the Emperor, whose authority was supreme in matters of governance and justice. Supporting this authority was a structured body of legal officials, most prominently the qazis and the muftis, who played crucial roles in adjudication, legal interpretation, and administration of justice. Together, these insti...

Introduction: Law, Governance, and Reform in a Transitional Age The history of Indian legal development is often narrated through ancient Dharmashastra traditions or colonial codification, while the medieval period is treated as a brief interlude dominated by military conquest. This approach overlooks a crucial phase in which administrative law, revenue justice, criminal accountability, and state responsibility were reshaped in practical and enduring ways. The reign of Sher Shah Suri from 1540 to 1545, though brief, represents one of the most transformative moments in the evolution of governance and legal administration in the Indian subcontinent. His legal reforms were neither abstract theories nor mere royal proclamations. They were grounded in enforceable institutions, disciplined bureaucracy, and a ruler’s direct engagement with justice. Sher Shah Suri came to power during a time of instability, replacing Mughal authority with a rigorously organized Afghan administration. Despite r...

Introduction To Alteration of Memorandum and Articles of Association The Memorandum of Association and the Articles of Association together form the constitutional foundation of a company. They define the company’s identity, scope, internal governance, and relationship with the outside world. While incorporation gives a company legal birth, its memorandum and articles give it legal character. However, company law does not treat these documents as immutable. As businesses grow, diversify, restructure, or respond to regulatory and market pressures, the need to alter these foundational documents becomes inevitable. Alteration of the Memorandum of Association and the Articles of Association is therefore not an exception but a routine corporate necessity. At the same time, because these documents affect shareholders, creditors, regulators, and the public at large, the law imposes structured procedures and strict compliance requirements. The power to alter is not absolute. It is conditio...

Introduction To Pre-Incorporation Contracts: Legal Position and Ratification by Company Company law rests on a simple but powerful idea: a company is a separate legal person, distinct from its promoters, directors, and shareholders. This foundational principle shapes every stage of a company’s life cycle, from conception to dissolution. One of the most legally complex stages is the period before incorporation, when business decisions must be taken, property must be arranged, professionals must be engaged, and commercial negotiations must begin even though the company itself does not yet exist in the eyes of law. It is in this transitional phase that pre-incorporation contracts arise. Pre-incorporation contracts occupy a difficult space in corporate jurisprudence because they are entered into on behalf of an entity that has no legal existence at the time of contracting. The law is therefore forced to answer a fundamental question: who is bound by a contract made for a company that is no...

Introduction To Meaning and Origin of Copyright Copyright is one of the most influential and enduring concepts in intellectual property law. It governs the relationship between creators and society by determining who may control the use of creative expression and for how long. Although copyright today is deeply embedded in national and international legal systems, its meaning and purpose can only be properly understood by tracing its historical evolution. Copyright did not emerge fully formed as a modern legal right. Instead, it developed gradually in response to social change, technological advancement, and shifting ideas about authorship, property, and public interest. At its core, copyright represents a legal recognition that creative expression deserves protection. At the same time, it reflects a careful balance between private rights and public access. The law does not protect ideas themselves, but the expression of ideas, and it does so for a limited duration. This limitation is ...