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Corporate Law Articles


A brief Dissection Banking Ombudsmen Scheme

  PRONOY KUMAR GHOSE   17 June 2013 at 12:46

Banking sector has become the core of almost all the monetary transaction that took place in the Country. All the Financial transaction within the Country and with the Foreign Country are done through Banks. Functions of the banking sectors no ..


Posted in Corporate Law  1 comments |   11834 Views


Critical issues determining the extent of powers vested with the secured creditors under SARFAESI Act

  Syed Safdar Ali Kazmi   16 April 2013 at 12:58

Critical issues determining the extent of powers vested with the secured creditors under SARFAESI act Object and reasons for the enactment of the SARFAESI ACT The issue of blocking of public money of banks and financial institutions had s ..


Posted in Corporate Law  10 comments |   6879 Views


The role of corporate governance in coping with financial crisis, corporate scandals and failures

  Suhita Mukhopadhyay   02 April 2013 at 16:14

The role of corporate governance in coping with financial crisis, corporate scandals and failures". By Suhita Mukhopadhyay Company Secretary Corporate greed & corruption witnessed in the Rs. 1.76 lacs crore 2G scam, which involved many ..


Posted in Corporate Law |   4117 Views


Class Action Suits

  Member (Account Deleted)   25 March 2013 at 11:44

Introduction Class action suits have been for a long time a tool to serve the needs of victims wronged by a company. Justice Story in West v. Randall (29) F. Cas. 718 (R.I, 1820) said, all persons materially interested, either as plaintiffs ..


Posted in Corporate Law  1 comments |   4501 Views


Whether taking possession of secured assets (under SARFAESI Act) on Sundays, National & Public Holiday

  c.p.s. ramachary   22 March 2013 at 11:39

Section 13(4) of SARFAESI Act provides for four different measures that a secured creditor can take in the event of the borrowers failure to comply with the demand notice issued under Sec.13(2) the said Act. They are as under: (a) take p ..


Posted in Corporate Law  6 comments |   9449 Views


Impact of Crown Debts/Sovereign Debts on secured creditor

  c.p.s. ramachary   22 March 2013 at 11:39

Crown Debt is common law doctrine. This is recognized by Indian High Courts prior to 1950. This law continues to be in force within the meaning of Article 372(1) of Indian Constitution. Government takes precedence and priority ove ..


Posted in Corporate Law  3 comments |   6243 Views


Secured creditor has to take higher degree of care and caution to acquire secured assets

  c.p.s. ramachary   01 March 2013 at 10:50

Latest amendment i.e. sub-Sec.5A to Sec.13 of SARFAESI Act allows secured creditor to authorise any of its officer to participate. Sub-Sec 5A is extracted and reproduced hereunder: (5A) Where the sale of an immovable property, for which a r ..


Posted in Corporate Law  1 comments |   3930 Views


Compensation U/Sec.19 Of SARFAESI Act

  c.p.s. ramachary   01 March 2013 at 10:50

1. The Honble Supreme Court in the landmark judgment in Mardia Chemicals case, while upholding the constitutional validity of Securitization, Reconstruction of Financial Assets & Enforcement of Security Interest Act 2 ..


Posted in Corporate Law  12 comments |   7360 Views


SARFAESI Act & sorrows of Borrower?

  Member (Account Deleted)   27 February 2013 at 16:31

There is every need for the Government to enable/assist the Banks in reducing their NPAs (Non-performing Assets) and it is beyond doubt that the Banks are now well assisted/equipped through the legal frame-work in recovering their dues. The provis ..


Posted in Corporate Law  6 comments |   3880 Views


Merits and Demerits of the Alternative Dispute Resolution System

  Rishabh Raj   21 December 2012 at 15:33

Alternative Dispute Resolution, Alternative Dispute Resolution System in India, Merits and Demerits of the Alternative Dispute Resolution System, Position of ADR in Australia, Position of ADR in California. ..


Posted in Corporate Law  7 comments |   29564 Views