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Corporate Law Articles


Arbitration Clause in General Insurance Policies – A Legal Gimmick to Avoid Liability

  Narendra Sharma   31 May 2011 at 09:19

If parties to a contract have agreed to something unreasonable, they should be treated as if they have not agreed at all and be released. This happens in the case of general insurance contracts and is dealt with here in the light of a recen ..


Posted in Corporate Law  4 comments |   5927 Views


Beg to Differ – SC Judgment in Sita Ram Gupta Vs Punjab National Bank and Ors

  Narendra Sharma   31 May 2011 at 09:18

1. Introduction Recently, a 2 judge bench of honble Supreme Court in Sita Ram Gupta Vs. Punjab National Bank and Ors {(2008) 5 SCC 711, Appeal (civil) 1878 of 2008, Date of judgment: 10/03/2008} held as follows (in para 8): 8&hell ..


Posted in Corporate Law  2 comments |   2583 Views


Optimal Balance of Financial Instruments: Long-Term Management, Market Volatility & Proposed Changes

  nishant choudhary   31 May 2011 at 09:18

An optimal mix of financial instrument can be structured to incentivize the management to focus on the long-term management. However there is not a single unique optimal mix available for all firms. It will vary on firm, industrial characteristics a ..


Posted in Corporate Law  1 comments |   11900 Views


Lies Vs Truth Regarding Recovery Of ‘Industrial Loan’

  Narendra Sharma   23 May 2011 at 00:54

1/ The Industrial Loan is required for an industry which is a social activity generating employment for the masses (direct as well as indirect), generation of public revenue by way of taxation for meeting public expenses thro ..


Posted in Corporate Law  4 comments |   3692 Views


Whether Mens Rea Necessary For Crimes by Corporate Houses

  Hemanth .S   23 May 2011 at 00:54

ens Rea means Guilty Mind, can a Company, which is an artificial person, have a guilty mind? Ca ..


Posted in Corporate Law  2 comments |   4312 Views


Applicability of Caveat Application in DRT proceedings

  pervez   18 May 2011 at 18:52

Applicability of Caveat Application in DRT proceedings Hon'ble High Court, Andhra Pradesh vide order dated February 26, 2009 in W.P. No. 3715 of 2009 has clarified the position with regard to the applicability of Caveat Application in DRT proc ..


Posted in Corporate Law  4 comments |   13475 Views


Third party rights in SARFASI Act problems & suggestions

  Manoj kumar sahu   16 May 2011 at 11:04

Third party rights in SARFASI Act problems & suggestions:- The present situation of third party rights in ..


Posted in Corporate Law  5 comments |   3685 Views


Requirement of transfer in case of conversion of a firm into a private limited company

  pervez   16 May 2011 at 11:02

Requirement of transfer in case of conversion of a firm into a private limited company under Part IX of the Companies Act, 1956 The question involved in L.K.S. Gold House (P) Ltd. Vs. L. K. S. Gold Palace - [2005] 57 SCL 88 ..


Posted in Corporate Law |   4627 Views


Jurisdiction in SARFASI and DRT

  Manoj kumar sahu   09 May 2011 at 13:25

Jurisdiction of DRT under the SARFASI Act, 2002:- the respondents borrowed Rs. 2.95 crores from petitioner ..


Posted in Corporate Law  4 comments |   3669 Views


DRT Can Not Decide Tenancy And Ownership Issues

  Narendra Sharma   06 May 2011 at 01:03

QUERY: "Kindly give opinion whether the jurisdiction of civil court is not excluded and the DRT does not have power to decide tenancy and ownership issues?" (This has become necessary to convince the Civil Court, before whom a suit is ..


Posted in Corporate Law  5 comments |   3711 Views