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Corporate Law Articles


Procedure/Provisions regarding withdrawal of Bonus issue

  CS Alok Singh   31 October 2012 at 10:49

There can be situations in listed / unlisted company regarding the withdrawal of bonus issue. Similarly; i have come across a problem regarding the withdrawal of Bonus issue in an unlisted company. As the bonus issue ..


Posted in Corporate Law |   2955 Views


DRT has no jurisdiction to issue Certificate of Recovery against the Guarantor

  Narendra Sharma   25 October 2012 at 12:24

(1) It is respectfully submitted that the recovery proceedings against the Guarantor before honble Debts Recovery Tribunal (hereinafter DRT or Tribunal) under section 19 of the Recovery of Debts Due to Bank ..


Posted in Corporate Law  13 comments |   5036 Views


Guarantors fail to claim their rights under Contract Act although Courts have recognised these right

  Narendra Sharma   08 October 2012 at 11:28

Introduction Recently, after going through my Articles on the website {namely (1) Directors Personal Guarantee-A Void Agreement and (2) Personal Guarantee-A Void Agreement), one visitor informed me that, on the contrary, commenting on his c ..


Posted in Corporate Law  12 comments |   3595 Views


Director's Personal Guarantee - A void agreement

  Narendra Sharma   06 September 2012 at 13:28

Index to Parawise Contents 1. Evolution of concept of legal entity 2. Effect of Incorporation: Company as a separate legal person 3. Limited Liability 4. General Powers of Board 5. Borrowing 6. Finances 7. Directors as agents 8. Share ..


Posted in Corporate Law  14 comments |   5458 Views


Performance of unconditional Bank Guarantee

  Bhawani Mahapatra   01 September 2012 at 12:45

A "contract of guarantee " is a contract to perform the promise, or discharge the liability, of a third person in case of his default. The person who gives the guarantee is called the " surety"; the person in respect of whose def ..


Posted in Corporate Law  5 comments |   8749 Views


Under what circumstances the security interest created in agricultural land is not enforceable under

  c.p.s. ramachary   01 September 2012 at 12:45

The term agricultural land is not defined in the SARFAESI Act. Agriculture means the science and art of cultivating the soil (S.P. Watel Vs. State of U.P. : AIR 1973 SC 1293=1973 SCR(3 783). Supreme Court in CIT Vs. Rja Benoy Ku ..


Posted in Corporate Law  3 comments |   6516 Views


Banks going back from 'Settlement of Default of Debt' or 'Settlement of Debt'?

  Member (Account Deleted)   24 August 2012 at 12:08

It is known that while some loan transactions with the Bank like Housing Loan, Educational Loan etc. are very simple, some commercial loan transactions are very complex in nature. The Bank may provide various loan facilities to the Borrower and mo ..


Posted in Corporate Law  1 comments |   2355 Views


Points to be raised in a SARFAESI Appeal and getting relief?

  Member (Account Deleted)   23 August 2012 at 12:17

It has almost settled and become like a regular practice for the borrowers to question the proceedings initiated by the Banks at the last stage under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of ..


Posted in Corporate Law  3 comments |   2770 Views


Publication of statutory notices in two leading newspapers : Security Interest (Enforcement) Rules

  c.p.s. ramachary   14 August 2012 at 12:03

Based on Andhyarujina Committee Report 2000, Parliament enacted the SARFAESI Act 2002, in line with Sec.29 of State Financial Corporations Act 1951 avoiding the adjudication process (which is proved to be time consuming process) of claims for recov ..


Posted in Corporate Law  6 comments |   18048 Views


Overview of Arbitration in IPR

  ROHIT   13 August 2012 at 11:34

1. Introduction- Arbitration of Intellectual Property Rights Issues: The Basics Resolving intellectual property rights (IPR) issues through alternative dispute resolution (ADR) proceedings was a technique long-developin ..


Posted in Corporate Law  2 comments |   4705 Views