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Corporate Law : Filing the yearly return ensures transparency and keeps the authorities up to date on the LLP’s economic and operational fame. I...
Corporate Law : Amalgamation is the process where two or more companies combine to form a single entity, often with the goal of achieving greater ...
Corporate Law : Learn how Intellectual Property Rights impact commercial contracts, including ownership, licensing, dispute resolution, and key co...
Corporate Law : Understanding territorial jurisdiction under Section 138 of the NI Act. Key rulings and amendments explain where cheque bounce cas...
Corporate Law : Learn who must file LLP annual returns in India and how to do it. Understand filing requirements, deadlines for Forms 11 and 8, an...
Corporate Law : Update on CCI's order regarding WhatsApp and Meta's data sharing. NCLAT's interim stay and government measures to prevent data mis...
Corporate Law : Overview of IBC 2016's impact, amendments, and government's stance on further changes, including flat registration in insolvency c...
Corporate Law : Rupee depreciation affects imports and exports. RBI intervenes to manage volatility, using forex reserves to stabilize the currenc...
Corporate Law : Clarification on share certificate claims under Rs. 5 lakh, legal heir acceptance, and applicant authenticity measures by the Inve...
Corporate Law : Government clarifies the status of Barshi Textile Mills under IBC 2016, addressing worker payments, company status, and cooperativ...
Corporate Law : Karnataka HC upholds Flipkart's stance on TDS under Section 195, ruling seconded employees' salaries as reimbursements, not taxabl...
Corporate Law : Charging tolls on bad roads was unfair and ordered an 80% reduction in toll fees at 2 key toll plazas as tolls were meant to provi...
Corporate Law : Calcutta High Court held that gratuity doesn’t form part of liquidation estate. Hence, entire dues of workers would not come und...
Corporate Law : NCLAT Delhi held that rejection of resolution plan of appellant justified as CoC deliberated and discussed the Resolution Plan of ...
Corporate Law : High Court failed to examine whether the complaint, even if taken at face value, established the personal liability of the directo...
Corporate Law : FSSAI directs FBOs to update Form IX nominee details and enables auto-approval for Non-Form C modifications in FoSCoS from Februar...
Corporate Law : The Immigration and Foreigners Bill 2025, introduced in Lok Sabha, consolidates laws on passports, visas, and foreigner registrati...
Corporate Law : IRDAI permits insurers to use Bond Forwards for hedging, subject to compliance with RBI directions, prudential norms, and operatio...
Corporate Law : IRDAI allows insurers to undertake Bond Forwards for hedging under specific conditions, aligning with RBI’s 2025 guidelines on...
Corporate Law : IBBI rejects RTI appeal seeking detailed breakup of Dalmia Cement claims in Jaiprakash insolvency case, citing unavailability of d...
Purpose of Arbitration Act-The purpose of Arbitration and Conciliation Act, 1996 (‘the Act’) is to provide quick redressal to commercial dispute by private Arbitration. Quick decision of any commercial dispute is necessary for smooth functioning of business and industry. Internationally, it is accepted that normally commercial disputes should be solved through arbitration and not through normal judicial system. An arbitrator is basically a private judge appointed with consent of both the parties. He is expected to give his decisions quickly as he is not bound by the technical formalities of a court. In India, the need of arbitration is more because of very heavy burden on the judicial system and huge backlog of pending cases.
Hon’ble Supreme Court in Mohd.Akram Ansari Vs. Chief Election Officer & Ors , observed that it is not ordinarily open to the party to file an appeal and seek to argue a point which even if taken in the petition or memorandum filed before the Court below, has not been dealt with in the judgment of the Court below. The party who has this grievance must approach the same Court which passed the judgment, and urge that the other points were pressed but not dealt with. Para 14 of the judgment is reproduced below for ready reference.
Clause (o) of sub-section (1) of Section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has defined a non performing asset as follows – non-performing asset” means an asset or account of a borrower, which has bee classified by a bank or financial institution as sub-standard, doubtful or loss asset
Under Securitisation Act, if the secured creditor is acting in violation of the rights, duties and obligations, the mortgagor can come to the Civil Court before sale with a civil suit for injunction for staying the sale. In Mardia Chemicals Ltd.. Vs U.O.I. & Ors.
Therefore, it is explicit that more than one Court may have jurisdiction in respect of the same subject matter as per the circumstances of the particular case. In such a situation, the parties may enter into an agreement and confer exclusive jurisdiction on one of the Courts, having jurisdiction as detailed above, and at the same time oust the jurisdiction of other Courts, which may also have jurisdiction on the subject matter as provided in the Code. With a view to draft such a jurisdiction ouster clause, some principles have been culled from the following judgments.
Essential Feature of Guarantee-Recoverable Debt Necessary – The purpose of a guarantee being to secure the repayment of a debt, the existence of a recoverable debt is necessary. It is of the essence of a guarantee that there should be someone liable as a principal debtor and the surety undertakes to be liable on his default. If there is no principal debt, there can be no valid guarantee. A contract of guarantee is a tripartite agreement which contemplates the principal debtor, the creditor and the surety. This was so held by the House of Lords in the Scottish case of Swan v. Bank of Scotland {(1836) 10 Bligh NS 627} decided as early as 1836.
Hon’ble Supreme Court in the case of Vishwa Mitter v. O.P. Poddar – (1983) 4 SCC 701, has, inter alia, held that if any special statute prescribes offences and makes any special provision for taking cognizance of such offences under the statute, then the complainant requesting the Magistrate to take cognizance of the offence must satisfy the eligibility criterion prescribed by the Statute
Hon’ble Supreme Court in Afcons Infrastructure Ltd. & Anr. Vs. Cherian Varkey Construction Co. (P) Ltd. & Ors. {(2010) 8 SCC 24; Decided on 26.07.2010} held as follows in para 13.5 and 16 respectively. A classic example of correcting an error committed by the draftsman in legislative drafting is the substitution of the words `defendant’s witnesses’ by this Court for the words `plaintiff’s witnesses’ occurring in Order VII Rule 14(4) of the Code, in Salem Bar-II {Salem Advocate Bar Assn. II Vs. UOI (2005 6 SCC 344)}.
Before declaring NPAs, Bankers have numerous duties to perform including rehabilitation not only once but multiple times – Important Information for Borrowers and their advocates. Our Associate and Banking Expert has drawn attention to the following important RBI Guidelines and circulars which will be highly useful to Borrowers and their Advocates. These need to be studied and important aspects included in the ‘Representation and Objections’ to notice u/s 13 of the Securitisation Act as well as in the application u/s 17 of the said Act:-
The government is likely to announce opening of multi-brand retail to foreign investors after the state Assembly election results, in a move to revive confidence of global investors in the country. However, for starters, multi-brand retail giants like Wal-Mart, Carrefour and Tesco may be allowed only in 36 large cities which have population of over 1 million, according to 2001 census, high level sources said.The government is likely to announce opening of multi-brand retail to foreign investors after the state Assembly election results, in a move to revive confidence of global investors in the country.
