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Corporate Law Articles


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 |   29777 Views


Valuation of secured assets, the procedure and practice under SARFAESI Act 2002

  c.p.s. ramachary   11 December 2012 at 11:38

The procedures for valuation of movable secured assets and immovable secured assets are different and they are dealt by separate rules under Security Interest (Enforcement) Rules 2002. Rule 5 of S.I.(E)Rules deals with valuation of m ..


Posted in Corporate Law  5 comments |   14536 Views


Applicability of Sec.5 of Limitation Act to the proceedings under Sec.17 of SARFAESI Act

  c.p.s. ramachary   08 December 2012 at 12:05

Applicability of Sec.5 of Limitation Act to the proceedings under Sec.17 of SARFAESI Act. On this issue there are controversies among various High Courts. We may note the views of some of the High Courts are stated hereunder: View of Bomba ..


Posted in Corporate Law  6 comments |   13038 Views


Procedure/Provisions regarding withdrawal of Bonus issue

  CS Alok Singh   31 October 2012 at 10:49

There can be situations in listed / unlisted company regarding the withdrawal of bonus issue. Similarly; i have come across a problem regarding the withdrawal of Bonus issue in an unlisted company. As the bonus issue ..


Posted in Corporate Law |   3025 Views


DRT has no jurisdiction to issue Certificate of Recovery against the Guarantor

  Narendra Sharma   25 October 2012 at 12:24

(1) It is respectfully submitted that the recovery proceedings against the Guarantor before honble Debts Recovery Tribunal (hereinafter DRT or Tribunal) under section 19 of the Recovery of Debts Due to Bank ..


Posted in Corporate Law  13 comments |   5189 Views


Guarantors fail to claim their rights under Contract Act although Courts have recognised these right

  Narendra Sharma   08 October 2012 at 11:28

Introduction Recently, after going through my Articles on the website {namely (1) Directors Personal Guarantee-A Void Agreement and (2) Personal Guarantee-A Void Agreement), one visitor informed me that, on the contrary, commenting on his c ..


Posted in Corporate Law  12 comments |   3696 Views


Director's Personal Guarantee - A void agreement

  Narendra Sharma   06 September 2012 at 13:28

Index to Parawise Contents 1. Evolution of concept of legal entity 2. Effect of Incorporation: Company as a separate legal person 3. Limited Liability 4. General Powers of Board 5. Borrowing 6. Finances 7. Directors as agents 8. Share ..


Posted in Corporate Law  14 comments |   5520 Views


Performance of unconditional Bank Guarantee

  Bhawani Mahapatra   01 September 2012 at 12:45

A "contract of guarantee " is a contract to perform the promise, or discharge the liability, of a third person in case of his default. The person who gives the guarantee is called the " surety"; the person in respect of whose def ..


Posted in Corporate Law  5 comments |   8826 Views


Under what circumstances the security interest created in agricultural land is not enforceable under

  c.p.s. ramachary   01 September 2012 at 12:45

The term agricultural land is not defined in the SARFAESI Act. Agriculture means the science and art of cultivating the soil (S.P. Watel Vs. State of U.P. : AIR 1973 SC 1293=1973 SCR(3 783). Supreme Court in CIT Vs. Rja Benoy Ku ..


Posted in Corporate Law  3 comments |   6606 Views


Banks going back from 'Settlement of Default of Debt' or 'Settlement of Debt'?

  Member (Account Deleted)   24 August 2012 at 12:08

It is known that while some loan transactions with the Bank like Housing Loan, Educational Loan etc. are very simple, some commercial loan transactions are very complex in nature. The Bank may provide various loan facilities to the Borrower and mo ..


Posted in Corporate Law  1 comments |   2441 Views