Though the object of SARFAESI Act, 2002 is very good aiming at reducing Non-Performing Assets (NPA), the Constitutional Courts had to interpret the provisions of the Act dealing with many complicated issues and keeping in view the in ..
As the shareholders of a Company can not meet so often to take decisions on day-to-day functions of the Company, directors are elected by the shareholders in accordance with the provisions of the Companies Act, 1956. Ultimate control over the dire ..
The study of various judgments of High Court and Supreme Court under section 397/398 of Companies Act, 1956 speak volumes about the complications in dealing with the cases of oppression and mismanagement under section 397/398 of Comp ..
SARFAESI Act'2002: Boon For Banks Curse for Borrower SARFAESI Act, as the name of the act suggests, deals with 3 matters: Securitisation [Sec 2 (1) (z)] Reconstruction of Financial Asset [Sec 2 (1) (v)] Enforcement of Security Interest [Se ..
Today we live in industrial world. In todays world, industries are the prime-movers of the society and the country. For a country to progress, it is necessary that its industries progress. To progress, industries are in constant need of capital. So ..
We all know the object of SARFAESI Act, 2002. There was a need to enable the Banks to speedily recover their loans and by approaching Civil Courts earlier, they could not effectively recover the loans and as a result Banks doing business with publ ..
Cross Border Mergers, Acquisitions, and Valuation One of the most important situations that Corporations face is the key to their s ..
Section 397/398 of the Companies Act, 1956 provides a relief to the minority against the majority if the majority indulges in the oppressive acts and the acts of mismanagement. It is not that every shareholder can avail the remedy available under ..
WHETHER PREFERENCE SHARE IS A LIABILITY OR NOT: A COMMON QUESTION THAT NEEDS TO BE ADDRESSED ..
Wrongful withholding of company property is an offence and the wrong doer can be proceeded against under section 630 of the Companies Act. Whether this section can be pressed into service even against the legal heirs of past employee is the ..