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Articles by Narendra Sharma

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Whether legal heirs of a former employee are liable to be prosecuted u/s 630 of the Companies Act

  Narendra Sharma   07 March 2011 at 15:23

Wrongful withholding of company property is an offence and the wrong doer can be proceeded against under section 630 of the Companies Act. Whether this section can be pressed into service even against the legal heirs of past employee is the ..


Posted in Corporate Law  1 comments |   3971 Views


Non Performing Asset ('NPA')

  Narendra Sharma   04 March 2011 at 20:22

Clause (o) of sub-section (1) of Section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has defined a non performing asset as follows: non-performing asset means an asse ..


Posted in Corporate Law  2 comments |   5484 Views


Which is / is not an Arbitration Agreement

  Narendra Sharma   04 March 2011 at 20:22

Introduction (a) Purpose of Arbitration Act : The purpose of Arbitration and Conciliation Act, 1996 (‘the Act’) is to provide quick redressal to commercial dispute by private Arbitration. Quick decision of any commercial dis ..


Posted in Civil Law |   6617 Views


Withdrawal of Withdrawal Application Permissible – SC

  Narendra Sharma   04 March 2011 at 20:21

Recently, hon’ble Supreme Court in RAJENDRA PRASAD GUPTA V. PRAKASH CHANDRA MISHRA & ORS. {(2011) 2 SCC 705; Civil Appeal No(s). 984 of 2006-Decided on 12-01-2011} has held as follows. “2. ………….Rules ..


Posted in Civil Law  1 comments |   3692 Views


What, If A Point Was Argued, But Not Dealt With In The Judgment

  Narendra Sharma   27 February 2011 at 22:49

Hon’ble Supreme Court in Mohd.Akram Ansari Vs. Chief Election Officer & Ors. {2008 (2) SCC 95 : 2007 (12) SCR 901; Date of Decision : 04-Dec-2007} has observed that it is not ordinarily open to the party to file an appeal and seek to arg ..


Posted in Civil Law  12 comments |   3296 Views


Correcting an error committed by the draftsman in legislative drafting in CPC, 1908

  Narendra Sharma   23 February 2011 at 16:14

Honble Supreme Court in Afcons Infrastructure Ltd. & Anr. Vs. Cherian Varkey Construction Co. (P) Ltd. & Ors. {(2010) 8 SCC 24; Decided on 26.07.2010} held as follows in para 13.5 and 16 respectively: 13.5) A classic example of corr ..


Posted in Civil Law  2 comments |   4019 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


How to Draft A Valid Jurisdiction Ouster Clause

  Narendra Sharma   19 February 2011 at 14:54

Introduction : 1. Part I (Suits In General) of the Code of Civil Procedure, 1908 (the Code) provides for jurisdiction of the Courts and Res judicata. The term jurisdiction means the authority to en ..


Posted in Civil Law  1 comments |   5149 Views


Different Principles for Prosecuting Civil and Criminal Cases

  Narendra Sharma   19 February 2011 at 14:53

Honble Supreme Court in the case of Vishwa Mitter v. O.P. Poddar - (1983) 4 SCC 701, has, inter alia, held that if any special statute prescribes offences and makes any special provision for taking cognizance of such offences under t ..


Posted in Constitutional Law |   3868 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