What Is Business Valuation? The Business Valuation is a process and a set of procedures used to estimate the economic value of a stakeholder's interest in a business. Valuation is used by financial market participants to determine the price they are willing to pay or receive to affect a sal..
In a recent Judgment delivered on 23rd January 2018 in the matter of M/S. Indian Farmers Fertilizer Co-operative Limited Vs M/S. Bhadra Products, Supreme Court of India dealt with an interesting issue “Whether an arbitration award passed by an Arbitrator is an interim award as defined under S.2(c) of the Act and c..
These days many foreign law firms have started recommending Foreign companies to agree on an arbitration clause proving India seated International Arbitration. Hence, the negative feeling about having an Arbitration in India is slowly changing. The Procedural law applicable to the India Seated Arbitrations is Arbitration and Conciliation Act,1996. One of the main re..
In a recent Judgment, High Court of Delhi in Shree Ganesh Metals Vs Glencore International AG (2017 SCC Online Del 11435) that a mere reference of another Contract with an Arbitration clause stating that the terms of that contract would apply, is not sufficient to conclude the existence of an arbitration clause in the contract entered later. Relying on a Judgment in t..
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In this piece of writing, we will cover the topic 'Secretarial Standards on Dividend [SS-3]'' issued by issued by the Council of the Institute of Company Secretaries of India. Before we proceed to details discussion of context of [SS-3], please note the highlights of these standards so issued as stated below: !--[i..
In a recent Judgment delivered on 15th December 2017 in a matter between Macquaire Bank Limited (Singapore) and Shilpi Cable Technologies Ltd., reported as 2017 SCC Online SC 1493, Supreme Court of India reversed the Judgment of National Company Law appellate tribunal (NCLAT) and settled the law relating to the following issues arising out of Insolv..
Short Summary: In this Flash editorial, the author begins by referring the provisions of section 252 read with provisions of Section 164(2) of Companies Act, 2013 relating to Revival of Companies Struck off from the record of the Registrar and Removal of Disqualification of Director. p style="text-align:jus..
In normal circumstances courts, do not alter any contract because parties have the supremacy to decide the provisions of a contract, however fair or unfair it may be. But many a times interpretation of arbitration clauses have been a challenge to the courts. In a recent judgement, BNP and another Vs BNR (2017) SGHC 269 dated 31st October 2017, Singapore High Court s..
The Insolvency and Bankruptcy Code, 2016, is one of the newest entries to the legal framework of the country. This code has been a much-awaited introduction to the financial laws in India and it aims at protecting the interests of small investors and make the process of doing business a cumbersome-less process. The only intention that this legislati..
This facility is available to Indian workers who are deputed by their employer to the countries with whom India has entered into a Social Security Agreement (SSA) and they take Certificate of Coverage (COC) from Employees’ Provident Fund Organization (EPFO). An online facility to obtain Certificate of Coverage (COC) has been launched by EPFO. p style="..
Let me begin at the very beginning by pointing out that the President Ram Nath Kovind has given his assent to the Ordinance approved by the Union Cabinet to amend the Insolvency and Bankruptcy Code (IBC), which is primarily aimed at strengthening the stressed asset resolution process. The Ordinance which is notified in the government gazette, spells out the norms on w..
Short Summary: In this flash tabloid, the writer initiates by speak of the provisions of Insolvency & Bankruptcy Code, 2016 (hereafter referred as 'IBC') in relation to power Creditor to file application against Corporate Guarantor. The main drive of the broadsheet, ..
Starting a business, especially when it is a corporate entity is very essential step taken by any entrepreneur. Every person seeks to get a flawless start of the business when it comes to Compliance with Legal Provisions. Not necessarily, a layman would be aware about the provisions applicable and to be complied with while registering of any organisation; pros and con..
Introduction: Prior to 2010, parties using international arbitration as the dispute resolution mechanism did not have an effective procedure relating to interim relief. The most important reason for parties opting for international arbitration is the party autonomy to select a neutral law and an arbitrator from a neutral country. The 2nd reason is enf..
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