Unit-4

Doctrine of Indoor management

NCLT
LLP
Corporate Veil

Conditions for lifting up of corporate veil :

The Universal Declaration of Human Rights recognizes Right to information as a human right. The
right to information is now guaranteed as a fundamental right by the constitutions of over 120
countries.

The Constitution of India does not contain an explicit reference to the right to information. The
Constitution through Article 19(1) (a) guarantees us the right to freedom of speech and expression.
The Supreme Court has consistently recognized that freedom of information was part of freedom of
expression guaranteed by the Constitution.

However, the right to freedom of speech and expression is subject to ‘reasonable restrictions’, in the
interests of following:
ƒ the sovereignty and integrity of India,
ƒ the security of the State,
ƒ friendly relations with foreign States,
ƒ public order, decency or morality, or in relation to contempt of court, defamation or incitement to
an offence.

Exemptions
The most difficult and perhaps the most controversial part of the Act is the application of
exemptions. Public Information Officer (PIO) can only reject a request under Sections 8 and 9

Section 8 and Section 9 of the Act contain these exemptions.

Exemptions can be divided into two categories:
• Absolute exemptions: Exemptions which are not subject to public interest test. Section 9 is the only
absolute exemption.
• Qualified exemptions: Exemptions which are subject to public interest test. Here, the PIO must
consider whether there is greater public interest in disclosing the information or withholding the
information (popularly called - balancing the public interest). All the exemptions under Section 8(1)
are qualified exemptions.

Exemptions under Section 8 are discretionary, not mandatory. PIOs may make discretionary
disclosures of exempt information, as a matter of their discretion, when public interest in disclosure
outweighs the harm to the protected interests.

Reasons for rejection of requests

Under the RTI Act, it is very difficult for PIOs to withhold information:
⇒ They have to communicate the reasons for rejection of a request for information to the requester.
⇒ PIO can only reject a request under Sections 8 and 9.
⇒ Reasons should include justification for applying an exemption.
 • United Nations Commission on International Trade Law (UNCITRAL)

The United Nations Commission on International Trade Law (UNCITRAL) is a subsidiary

body of the U.N. General Assembly (UNGA) responsible for helping to facilitate
international trade and investment.
Establishment and Mandate
Established by the UNGA in 1966, UNCITRAL's official mandate is "to promote the progressive
harmonization and unification of international trade law" through conventions, model laws, and
other instruments that address key areas of commerce, from dispute resolution to the
procurement and sale of goods.

UNCITRAL’s Activities
• Coordinating the work of active organizations and encouraging cooperation among them.
• Promoting wider participation in existing international conventions and wider acceptance
of existing models and uniform laws.
• Preparing or promoting the adoption of new international conventions, model laws, and
uniform laws and promoting the codification and wider acceptance of international trade
terms, provisions, customs, and practice, in collaboration, where appropriate, with the
organizations operating in this field.
• Promoting ways and means of ensuring a uniform interpretation and application of
international conventions and uniform laws in the field of the law of international trade.
• Collecting and disseminating information on national legislation and modern legal
developments, including case law, in the field of the law of international trade.
• Establishing and maintaining a close collaboration with the UN Conference on Trade and
Development.
• Maintaining liaison with other UN organs and specialized agencies concerned with
international trade.
•