corporate law

In a latest, landmark and laudable judgment with far reaching consequences and authored by Justice R.F. Nariman for himself and Justice Vineet Saran, the Supreme Court two Judge Bench on April 2, 2019 in Dharani Sugars and Chemicals Ltd v Union of India & Ors. in Transferred Case (Civil) No. 66 of 2018 in Transfer Petition (Civil) No. 1399 of 2018 struck down the ..

In India, the concept of Limited Liability Partnership (LLP) was introduced in 2008 with the introduction of Limited Liability Partnership Act, 2008. Incorporating LLP has a blend of the benefits of a Company and a Partnership Firm namely limited liability feature of a company and the flexibility of a Partnership firm. Considering the upward mo..

The new e-form recently rolled out by the Ministry of Corporate Affairs (MCA) is ACTIVE (INC-22A), and is part of the ACTIVE (Active Company Tagging Identities and Verification) exercise. 1. APPLICABILITY: Every company incorporated on or before stro..

An arbitral tribunal normally consists of either one or three arbitrators. In a three-member, arbitral tribunal, the award may be passed by all the three arbitrators together or a majority award along with a dissent award. Normally, arbitrators meet after the arguments are concluded, discuss each of the issues raised by the parties and then decide the award. In some c..

INTRODUCTION Economist Paul McCulley coined the term shadow banking in 2007 to explain the system of unregulated financial companies that operate outside the traditional banking system. “Unlike conventional regulated banks, unregulated shadow banks fund themselves with uninsured short-term funding, which ..

This article contains various Compliance requirements under Statutory Laws. Compliance means "adhering to rules and regulations." Compliances under: 1. Compliance Requirement Under Income Tax Act, 1961 2. Compliance Requirement Under Goods & Services Act, (G..

This article explains the complete step-wise procedure for registering an LLP in India. In upcoming sections, you will read details on exact process, documents needed for LLP registration, Form to be filed for LLP registration and comprehensive guide for you to understand all about LLP registration in India. Limited Liability P..

All of us aware that Arbitrators have powers to grant pre-reference, Pendent lite and Post-award interest to the awarded sum. But one of the challenges faced by the Arbitrators is the awarding of appropriate and legally sustainable pre-award, post award interest and the appropriate interest rates. This article deals with the law settled in India regarding interest t..

Compliance Requirement UNDER Companies Act, 2013 and Rules made thereunder: Applicable Laws/Acts ..

Arbitration scenario in India got a great enthusiasm on 23rd October 2015 because of the amendments brought in to the Arbitration and Conciliation Act,1996 (Hereinafter “the Act”.  One of the major changes brought in by the said amendment was relating to the measures to ensure impartiality and independence of Arbitrators. The Amendment introduced a ..

India is a Model law country and the procedural law of India, Arbitration and Conciliation Act,1996 (Herein after 'The Act') is enacted in the lines of the UNCITRAL Model Law[1]. In India, it is the settled law that a party can challenge the award on merits only in the seat of Arbitration and not at the time of enforcement in India. As per the Act, S.48 provid..

Non-Resident Indians often get confused when they have to face a situation of maintaining a savings account in India. Primarily, there are two reasons for opening such an account: NRIs want to repatriate overseas-earned money back to India and/or they want to..

If an Arbitration award is challenged by a party and consequentially is set aside in a petition filed under S.34 of the Arbitration and Conciliation Act,1996, the losing party has every right to initiate a fresh arbitration again. Delhi High Court while dealing with the case of Steel Authority of India Vs Indian Council of Arbitration (2015) SCC Online Del 1..

An Easy Resolution To A Grim Situation! Quite a few positive news, from various Courts, has trickled in regarding the removal of Directors disqualification. In a major victory for the aggrieved Directors, in December 2018, the Gujarat High Court quashed the MCA list of September 12, 2017, and in addition, start..

Black listing of a contractor is a weapon in the hands of the employer that can be used against a contractor for a breach of contract or any willful default to complete the project as per the contract etc., Most of the contracts have such provisions to avoid a defaulted contractor bidding for another work. But in some cases, employers go ahead and use it like a puni..