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Corporate Law Articles


How to ascertain ‘oppression’ under section 397 of Companies Act, 1956?

  Member (Account Deleted)   17 March 2011 at 22:29

The study of various judgments of High Court and Supreme Court under section 397/398 of Companies Act, 1956 speak volumes about the complications in dealing with the cases of oppression and mismanagement under section 397/398 of Comp ..


Posted in Corporate Law |   4558 Views


SARFAESI Act'2002: Boon For Banks Curse for Borrower

  CA VK Dwivedi   17 March 2011 at 22:29

SARFAESI Act'2002: Boon For Banks Curse for Borrower SARFAESI Act, as the name of the act suggests, deals with 3 matters: Securitisation [Sec 2 (1) (z)] Reconstruction of Financial Asset [Sec 2 (1) (v)] Enforcement of Security Interest [Se ..


Posted in Corporate Law  1 comments |   6131 Views


Basic of Equity & Capital Market-I

  sanjay kumar   17 March 2011 at 22:27

Today we live in industrial world. In todays world, industries are the prime-movers of the society and the country. For a country to progress, it is necessary that its industries progress. To progress, industries are in constant need of capital. So ..


Posted in Corporate Law  1 comments |   3555 Views


SARFAESI & DRT: Few important issues under SARFAESI Act, 2002

  Member (Account Deleted)   15 March 2011 at 18:54

We all know the object of SARFAESI Act, 2002. There was a need to enable the Banks to speedily recover their loans and by approaching Civil Courts earlier, they could not effectively recover the loans and as a result Banks doing business with publ ..


Posted in Corporate Law  2 comments |   10174 Views


Cross - Border Mergers, Acquisitions, and Valuation

  Suhita Mukhopadhyay   11 March 2011 at 20:14

Cross Border Mergers, Acquisitions, and Valuation One of the most important situations that Corporations face is the key to their s ..


Posted in Corporate Law |   8276 Views


How to look at the issue of 'membership' under section 399 of Companies Act, 1956?

  Member (Account Deleted)   07 March 2011 at 15:26

Section 397/398 of the Companies Act, 1956 provides a relief to the minority against the majority if the majority indulges in the oppressive acts and the acts of mismanagement. It is not that every shareholder can avail the remedy available under ..


Posted in Corporate Law |   4409 Views


Whether Preference Share is A Liability Or Not : A Common Question That Needs to be Addressed

  Nahid   07 March 2011 at 15:26

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


Posted in Corporate Law |   4253 Views


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


Is Contract of Insurance a contract of indemnity?

  akash kapoor   24 February 2011 at 23:26

Contract, Contract of Insurance, Contract of Indemnity, Indian Contract Act, Section 124 of Indian Contract Act, Compensation, contract to save the promise from a loss ..


Posted in Corporate Law  4 comments |   34115 Views