corporate law

CASE COMMENT : SHAH BROTHERS ISPAT PVT. LTD. v .P. MOHANRAJ & ORS.  Company Appeal (AT) (Insolvency) No. 306 of 2018  ABSTARCT  Moratorium Order (The moment petition is admitted, the moratorium that comes into effect under section 14(1) (..

Limitation to initiate a legal action is a globally recognized concept. Law of Limitation provides for a time restriction for initiating a legal action to an aggrieved party seeking to establish a legal right. That means even though you have a right, you cannot approach the court of law to enforce your right, since the cause of action is time barred, as per law. &nb..

Arbitration can be protected only by neutral and committed arbitrators but unfortunately none of us want to engage/ nominate an arbitrator who declares that he/she would be neutral always. Due to shortage of work, Arbitrators require canvas for their opportunities. The requirement of neutrality is more important in arbitrations because the appeal against an award is..

Section 3 of the Competition Act, 2002 deals with anti-competitive agreement between competitors. Section 3(1) disallows anti-competitive agreement between parties and the same is declared void under Section 3(2). Section 3(3) talks about horizontal agreement whereas Section 3(4) deals with vertical agreement between the parties. The two major requisites to declare an..

In the previous article, Section 3 of the Competition Act which has provisions for anti-competitive agreements and how such agreements can be rendered as void is covered. In this Part, Section 4 of the Competition Act has been covered to show how various enterprises misuse their dominant position in the market to undermine other enterprises. A company can misuse its s..

Before the enactment of the Competition Act, 2002, the arena of Competition Law was governed by the Monopolistic and Restrictive Trade Practice Act, 1969, during the post-independence period. It had become obsolete after a period of time and also, the MRTP Act was not equipped well enough to tackle with the aspects of Competition in the Indian economy at that point ..

In a recent judgement (Simplex Infrastructure Limited Vs Union of India) dated 05.12.2018, Supreme Court of India dealt with the issue of condoning the delay in challenging an arbitration award under section 34 of the Arbitration and Conciliation Act, 1996 and the possible application of Sections 5 & 14 of the Limitation Act. In the said Judgement Supreme Court ..

The provisions dealing with the liquidation of corporate persons are imbibed in the chapter III of the part II of the Insolvency and Bankruptcy code. We at MUDS on having a glance at chapter III derived the interpretation that liquidation process can be initiated only when the resolution plan as required to be submitted by the ..

India being a country of Adhoc arbitrations, the responsibility to manage the arbitrations also is on the arbitrators. The said Management of the case includes framing of arbitration procedure, arranging meetings, fixing deadlines, drafting of proceedings, dispatching of proceedings and dispatching of arbitration awards after the arbitration proceedings are complete..

Arbitration is the private dispute resolution mechanism which is proved to be an effective alternate to the regular National Court dispute resolution through litigations in India. To become an arbitrator, there is no requirement of a legal or technical qualification. To prove certain technical issues including legal questions either the party or arbitrator may resor..

INTRODUCTION As its name suggests, employee stock ownership plan is an extensive employee benefits offering that works as a meaningful way to drive employee satisfaction, motivation and retention. Whereas the employee benefit plan such as medical, life and disability insur..

Even though arbitration is a private mechanism for resolving commercial disputes, the supervising courts have powers to supervise the arbitration and even to set aside an arbitration award on the grounds provided in the procedural law of the country. After the pronouncement of an arbitration award if a party aggrieved approaches the supervising court challenging the s..

Insolvency refers to the circumstances when a company or an individual cannot meet financial obligations or repay any outstanding financial loan owed to lenders. The company or individual may prevent insolvency proceedings from being initiated aga..

Preface of the Rules: Financial Action Task Force (FATF)an inter-governmental body established in 1989 formed with the objective to set standards and promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing and other related threats to the in..

Introduction It would be a travesty to state that the Companies Act, 2013 (hereinafter “the Act”) has stabilized in its operation since it received the stamp of approval as of April,1, 2014.The basic weakness in the law, in our view, stems from the fact that it is dependent substantially on  a ..