corporate law

In the wake of Liberalisation, Privatisation and Globalisation,(L.P.G) developing countries should have regulatory system which motivates confidence of foreign investors, traders and suppliers and recently developed Indian legal system shall provide an expeditious, cost effective and flexible dispute resolution system indeed.Thus arbitration in India is an elastic ..

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1. The author is mainly engaged in drafting Securitisation Applications and Counter Claims (i.e. Claims for loss and damages suffered due to wrongdoings of the Bank) under the Law of Torts against the Banks and Financial Institutions (hereinafter called ‘the Banks’) on behalf of sick companies facing coercive rec..

Independent Directors are now a crucial part of Indian Company Laws   Let me now turn your attention to the role of independent directors in a company, an issue that has become increasingly important after the Enron and the Satyam scandals. Earlier Clause 49 ..

SECTION: 186 LOAN & INVESTMENT BY COMPANY   APPLICABILITY: p ..

Untitled 1 The  provisions under Section 135 of the Companies Act, 2013(hereinafter referred to as “The Act”) and the Rules there under, are , in a manner of speaking, water under the   bridge. Companies, both private and public al..

Much water has flowed down the bridge since the substantive provisions in the  Companies   Act, 2013 (herein after referred to as “the Act”) became operational from April 1,2014.The Act has been a subject of wide spread criticism from the Industry and the professional fraternity alike as it contains certain provisions which ar..

The principle of gender equality has been enshrined in the Indian Constitution in its preamble, fundamental rights, fundamental duties and directive principles of state policy, but despite such unambiguous equal rights given to both men and women Indian society is always male dominated. The work place is a setting where gender inequalities are easily noticed. Men a..

Authorised Officer who is clothed with statutory power has to exercise higher degree of caution and care in following the prescription law while taking action under the Act. Taking action in any other manner than the prescription is not permissible in law. This cardinal principle is covered by Latin Maxim “expressio unius est exclusio alterius”.&..

The majority rule has been applicable to the management of the affairs of the companies always. Democratic decisions are made in line with the majority decision and are deemed to be fair and justified while ignoring the minority concerns. The corporate world has adopted this majority rule in decision making process and management of the companies. Statutory provi..

The horizon of International Law is expansive. The ambit and scope of the subject keeps increasing with the changing scenario. Although the basic principles are still the same, its veracity and applicability have undergone a diverse modification. The limitations on Sovereignty, once considered preposterous have, now, become a reality. A change of similar nature se..

• Q.1: Whether DRT has discretionary powers?   A: Supreme Court in Nahar Industrial Inve..

1. The CMM/DM exercise only judicial function which is ministerial in nature. There is difference between judicial function and adjudicatory function.Sec.14(3) of the Act provides for immunity to the CMM/DM. For this reason Sec.14 does not confer power to CMM/DM for deciding any dispute of whatsoever nature, of any person. Hence service of..

What is agreement Every promise and every set of promises, forming the consideration for each other, is an agreement.   What agreements are contracts p style="text-ali..

The society in our county is male inclined from the very inception. Women were always seen as lower to men. But now, the time has drastically changed the thinking of society. Several laws are framed for providing security and special status to women. From many years the Central Government was providing even a special tax exemption to the women. Some schemes of Ce..