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Akhilesh

Latest Posts by Akhilesh

IBC: Adjudicatory Attempt to Step into the Shoes of Regulatory

May 14, 2020 1557 Views 0 comment Print

Hon’ble NCLT vide its order dated 12th May 2020, attempted to step into the shoes of Regulatory vide restricting the scope of section 7(3)(a), also, unwittingly try to give retrospective effect by covering those applications which are already filed and pending for admission. Hope the Hon’ble NCLT shall come out with a clarification, amendment in their order.

Gift is no exception to specific prohibition |Transfer of Property Act, 1882

May 9, 2020 4740 Views 1 comment Print

The gift is no exception to specific prohibition provided under section 10 of the Act, Condition restraining alienation the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void,

IBC 2016 | Position of Sole Proprietorship is still up in the air

May 2, 2020 4767 Views 1 comment Print

Section 5 (20) of IBC, ‘an operational creditor’ means a person to whom an operational debt is owed and includes any person to whom such debt has been legally assigned or transferred or transferred.

A Knight in Shining Armor against Opportunist Takeover OR Capitulation for Growth

April 27, 2020 681 Views 0 comment Print

The Government of India revised the Foreign Investment Policy foreseeing the threat of opportunistic takeovers due to the COVID-19. Knight Shield against Opportunist Takeover, ‘a non-resident entity can invest in India, subject to the FDI Policy except in those sectors/activities which are prohibited.

Companies (Compromise Arrangements & Amalgamations) Amendment Rules or Majority Rule?

April 21, 2020 5391 Views 0 comment Print

In exercise of the powers conferred by sub-sections (1) and (2) of section 469 read with section 230 of the Companies Act, 2013 (18 of 2013), the Central Government hereby made the following rules, to amend the Companies (Compromises, Arrangements and Amalgamations) Rules, 2016, namely, ‘the Companies (Compromises, Arrangements and Amalgamations) Amendment Rules, 2020‘ effective […]

NI Act: No mandatory requirement of notice to directors of Company

May 6, 2015 17649 Views 0 comment Print

According to Section 138, where any cheque drawn by a person on an account maintained by him is returned by the Bank unpaid for reasons mentioned u/s-138, such person shall be deemed to have committed an offence.

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