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Corporate Law Articles


Key Issues on Cyberspace Taxation

  Dr. PRADEEP K.P.   24 February 2011 at 23:26

KEY ISSUES ON CYBERSPACE TAXATION Dr. Pradeep KODIYATH PATINHARE Paper presented in International Cyberlaw Seminar on Cyberspace Usages and Disputes, Kochi, Kerala, India Cyberspace is a virtual trading shop, from where income is gen ..


Posted in Corporate Law |   15621 Views


The Competition Act, 2002 : Important Elements

  akash kapoor   21 February 2011 at 16:30

THE COMPETITION ACT, 2002: IMPORTANT ELEMENTS. The economy of any country is always volatile. This is generally due to the dynamic nature of the constituent markets and their elements. The world is changing fast. India is also opening its economy ..


Posted in Corporate Law |   3554 Views


Are the Banks / Financial Institutions Above Law ?

  Narendra Sharma   19 February 2011 at 14:54

ARE THE BANKS / FINANCIAL INSTITUTIONS ABOVE LAW ? Why a Bank does not agree to any of the rights conferred on sureties by section 133, 134, 135, 139 and 141 of Contract Act, and any Rule of Law or Equity? A Case Study Dena Bank (Letter ..


Posted in Corporate Law  5 comments |   3315 Views


If ‘No Debt Due’, No Liability Is Incurred By The Guarantor

  Narendra Sharma   17 February 2011 at 17:18

Essential Feature Of Guarantee-Recoverable Debt Necessary: The purpose of a guarantee being to secure the repayment of a debt, the existence of a recoverable debt is necessary. It is of the essence of a guarantee that there should be someone liabl ..


Posted in Corporate Law  4 comments |   3953 Views


Under Securitisation Act, Mortgagor Can Come to the Civil Court before sale with a civil suit

  Narendra Sharma   14 February 2011 at 23:50

13.02.2011 Under Securitisation Act, if the secured creditor is acting in violation of the rights, duties and obligations, the MORTGAGOR CAN COME TO THE CIVIL COURT before sale with a civil suit for injunction for staying the sale. In Mardia ..


Posted in Corporate Law  4 comments |   4931 Views


CLB's power and responsibility under section 402?

  Member (Account Deleted)   14 February 2011 at 23:50

CLBs responsibility to supervise the Company affairs even after passing final orders in a petition under section 397/398? In any litigation, the Court or the authority adjudicating the matter can pass interim orders and the matter will get ..


Posted in Corporate Law  1 comments |   3242 Views


Whether Preference share is a Liability or not : A Common Question that needs to be Addressed

  Nahid   14 February 2011 at 23:50

WHETHER PREFERENCE SHARE IS A LIABILITY OR NOT: A COMMON QUESTION THAT NEEDS TO BE ADDRESSED ..


Posted in Corporate Law  4 comments |   6742 Views


Cause of Action and Limitation to file a Petition under section 397/398 of Companies Act, 1956?

  Member (Account Deleted)   13 February 2011 at 22:58

No lis lies when there is no live claim or the cause of action and it is settled legal principle. The requirement of having a live claim for seeking relief is also been highlighted by the Honble Apex Court while dealing with the scope of p ..


Posted in Corporate Law |   3980 Views


When a company becomes a Banking Company

  akash kapoor   13 February 2011 at 22:58

WHEN A COMPANY IS BANKING COMPANY. As per section 5c of THE BANKING REGULATION ACT, 1949 Banking company means any company which transacts the business of banking in India. Thus any company whether foreign or indigenous which transac ..


Posted in Corporate Law  1 comments |   6499 Views


Personal Guarantee-A Void Agreement

  Narendra Sharma   13 February 2011 at 22:57

1. Personal Guarantee Agreement Since long the public sector banks and financial institutions (hereinafter collectively referred to as the Bank or the Banks) have unilaterally and arbitrarily developed a practice to exe ..


Posted in Corporate Law  1 comments |   8391 Views