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15 September 2017 at 17:33

Disqualification under section 164 read with section 167

  POSTED BY Anjali Gorsia

This article is written in relation to recent MCA notices for the disqualification of directors under section 164 (2) of the Companies Act. Efforts have been made to make reader understand the section 164 along with section 167 of the Act.Notice appe

  0 comments |   6722 Views


13 September 2017 at 11:56

Relaxation in compliances for Shifting of Registered Office within the same State

  POSTED BY RSJ LexComply

Relaxation in compliances for Shifting of Registered Office within the same State from the jurisdiction of one Registrar of Companies to anotherThe Ministry of Corporate Affairs (MCA), in exercise of the powers conferred by section 469 of the Compani

  0 comments |   195 Views


12 September 2017 at 13:02

Restraint of Trade and its Exceptions

  POSTED BY Omkar Wangikar

Protection under the Constitution of India Part XIII of the Constitution of India contains provisions relating to the freedom of trade, commerce and intercourse within the territory of India. The provisions

  0 comments |   394 Views


11 September 2017 at 11:05

Emergency Arbitrator

  POSTED BY Nishtha Malhotra

The courts of this country should not be the places where resolution of disputes begins. They should be the places where the disputes end after alternative methods of resolving disputes have been considered and tried. - Sandra Day O'Connor Introd

  3 comments |   187 Views


05 September 2017 at 16:50

HC grants injunction against a London seated investment arbitration

  POSTED BY S. Ravi Shankar

In a recent Judgment Union of India Vs Vodafone Group PLC United Kingdom (2017) SCC Online Delhi 9930 dated 22nd August 2017, Delhi High Court granted injunction restraining Vodafone Group PLC United Kingdom from taking any action in furtherance of t

  2 comments |   122 Views


24 August 2017 at 11:55

Way forward on default by Jaypee Infratech under IBC 2016

  POSTED BY Hemant Sharma

Default by Jaypee-Infratech and Amrapali Group and their inclusion in the list of the 12 big corporate loan defaulters against which the Reserve Bank of India has ordered initiation of insolvency proceedings has resulted in cascading effect. It has n

  1 comments |   157 Views


22 August 2017 at 11:14

An award cannot be set aside because it is a non-speaking award

  POSTED BY S. Ravi Shankar

Even though the courts in India have consistently held that the Arbitrator is the final judge relating to finding of facts and relating to the interpretation of the terms of the contract. It is also have been a standard view that while exercising the

  3 comments |   217 Views


18 August 2017 at 11:12

Bank Guarantee can be released by an Additional Arbitration Award – Delhi High Court

  POSTED BY S. Ravi Shankar

One of the frequently encountered issue in arbitration proceedings is missing out of a claim and parties seeking remedy by way of an amendment to the award or by way of an additional award. Normally the scope of correction of the award under S.33 of

  0 comments |   280 Views


17 August 2017 at 11:08

Licenses for import, transport or storage of petroleum

  POSTED BY RSJ LexComply

During 19th century, use of petroleum was limited. Since petroleum is dangerous, India needed legislations for regulating petroleum. Finally Indian Petroleum Act, 1899 was passed. With the rapid developments in the use of petroleum that took place in

  1 comments |   222 Views


10 August 2017 at 16:40

Supervising court must pass a speaking order even while dismissing a challenge to an Arbitration award - Delhi High Court

  POSTED BY S. Ravi Shankar

All over the world, the supervising courts refrain themselves from interfering in an Arbitration award, for any other reason except those specified in the procedural law. Most of the Arbitration laws are similar to UNCITRAL Model law and hence the gr

  5 comments |   222 Views


08 August 2017 at 12:56

Appointment of small share holder director

  POSTED BY Ramaswami Kalidas

Section 151 of the Companies Act, 2013-Small shareholders� rights to appoint Nominee on the Board-Whether their rights have been scuttled by Alembic Pharma Section 151 of the Companies Act, 2013 (hereinafter referred to as �The Act&rd

  0 comments |   171 Views


31 July 2017 at 13:14

Shifting of registered office

  POSTED BY Anjali Gorsia

Ministry of Corporate Affairs has issued the notification to further amend the Companies (incorporation) Rules, 2014 (hereinafter referred to as the principal rules) namely: the Companies (incorporation) Second Amendment Rules, 2017.They shall come i

  0 comments |   219 Views


28 July 2017 at 12:12

Employees can approach NCLT for recovery of dues under IBC 2016

  POSTED BY Anjali Gorsia

In general parlance, if we consider our global business, it is the fusion of Assets and Liabilities which generates the revenue or surplus or profit, whatever may be terms but finally ends up with one five letter word 'MONEY' for the company.

  2 comments |   1203 Views


21 July 2017 at 16:54

How to revive a company as per new NCLT amendment rules

  POSTED BY Omkar Wangikar

Introduction :High percentage of non-compliance of the Companies Act and Rules, the Ministry of Corporate Affairs (MCA) with Registrar of Companies (ROC) had issued show cause notices to various

  0 comments |   3816 Views


19 July 2017 at 12:47

Requirements for proving 'inability to present the case' - Enforcement of foreign awards

  POSTED BY S. Ravi Shankar

In India law relating to enforcement of a Foreign award is quiet well settled but still many Indian parties, don�t want to miss the opportunity to resist enforcement of a foreign award against them. India�s procedural law is Arbitration a

  0 comments |   214 Views


18 July 2017 at 13:31

Impaired Asset & problems for small time borrowers

  POSTED BY AV Bagur Advocate

After demonetisation and bringing in Benami properties Act, value of real assets have fallen down sharply. This has worried the Banks as they had granted loans based on value of the assets. Such assets have been termed as Impaired assets. If an im

  1 comments |   145 Views


17 July 2017 at 17:23

Venue of International Arbitration can be the Seat Also - SC of India

  POSTED BY S. Ravi Shankar

It is well settled in law that if parties choose a seat in an international Arbitration clause it will amount to choosing the procedural law applicable to the arbitration proceedings. In the same way, if the procedural law is specified in the Arbitra

  3 comments |   199 Views


04 July 2017 at 11:15

Why NPA who is the root cause?

  POSTED BY dr g balakrishnan

Non performing assets (NPA) who is at the root? By Guru Balakrishnan,Emeritus professor (BU), Advocate,Bombay High Court, and Free Lance Jounalist NPA affects: A comment I wrote on 'ET on Bankruptcy issues blog' on 25th June 2017: (RBI can h

  4 comments |   509 Views


03 July 2017 at 12:48

Appointment of KMPs u/s 203 of the Companies Act 2013 - Issues

  POSTED BY Ramaswami Kalidas

IntroductionThe Companies Act, 2013 (hereinafter referred to as �The Act�) has ushered in a number of innovative changes as compared to its predecessor Act and one such novel feature relates to the mandatory appointment of �key

  2 comments |   1069 Views


30 June 2017 at 17:59

Online single window launched for ease of doing business in Chandigarh

  POSTED BY RSJ LexComply

Sh. V.P. Singh Badnore, the Governor of Punjab and Administrator, U.T., Chandigarh has launched an Online Single Window System for ease of doing business in Chandigarh.Investors can take online permissions and approvals in a time bound schedule from

  0 comments |   169 Views










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