corporate law

It has almost settled and become like a regular practice for the borrowers to question the proceedings initiated by the Banks at the last stage under the provisions of “Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)&..

Based on Andhyarujina Committee Report 2000, Parliament enacted the SARFAESI Act 2002, in line with Sec.29 of State Financial Corporations Act 1951 avoiding the adjudication process (which is proved to be time consuming process) of claims  ..

1. Introduction- Arbitration of Intellectual Property Rights Issues: The Basics/..

With a slowdown in economy and inflow of foreign funds into the country, the Ministry of Finance is finding out ways to attract foreign direct investment into the country. One of such ways is to allow certain foreign investors to directly invest in Indian securities through mutual fund schemes and corporate ..

The Indian Stamp Act. 1899 is the law relating to the stamps which consolidates and amends the law relating to stamp duty. It is a fiscal legislation envisaging levy of stamp duty on certain instrument. The Act is divided in to eight chapters and there is a schedule which contains the rate of stamp duties on various instrument. ..

.style2 { text-align: justify; } .style4 { font-weight: bold; } Rule 2(a) defines ‘Authorised Officer’ as under:-   p style="tex..

Companies are facing considerable hindrance in recoveries of their bad  debts. The issue is very simple yet taxing . Customer uses the services and if deny to pay the bills then collection department comes in to play.  Collection Department of any corporation is normally responsible for the collections from customers. When the customer stops responding t..

.style1 { font-weight: bold; } Constitution of DRTs & DRATs:   After the constitution of Debt Recovery Tribunals (DRT) and Debt Recovery Appellate Tribunals (DRAT) under ‘The Recovery of Debts due to Banks and F..

"When a man assumes a public trust he should consider himself a public property. Thomas Jefferson”   The insider trading cases reminds me a reminds about an incident which one of my trusted friend had shared with me. A colonizer bought  a huge agricultu..

Meaning   Arbitration is the means by which parties to a dispute get the same settled through the intervention of a third person or more, but without recourse to a court of law. The settlement of dispute is arrived by the judgment of the third person or mor..

Recent events have given rise to the necessity to visit the area of economic offences linked to politics. The Penal Code of the last century may not be adequate to meet the current situation.   In 1991 when Prime Ministe..

The scheme of Indian Contract Act, 1872 on the subject of a Contract of Guarantee may be summarized as follows:   (a) A contract of guarantee is a tripartite agreement which contemplates the principal debtor, the creditor and the surety {Punjab National Bank v. Sri Vikram Cotton Mil..

Competition laws requires  economics cum legal mind. A lawyer for competition law should have thorough understanding about how the market operates, macro economics and foresightedness for end result of competition in the situation of discussion. A laws was needed in India which ensure the implementation of free economic policies and free flow of  resourc..

The Chennai High Court by a recent decision has held that the need to make India as a preferred seat for International Commercial Arbitration would benefit the economy of the country and that if foreign law firms or lawyers are not allowed to take part in arbitrations, it will have a counter productive effect on the aim of the Government to make India a hub of In..

It would be clueless for the professionals at times in answering the queries of the borrowers facing proceedings under ‘The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002’. If the Bank initiates proceedings under the provisions of SARFAESI Act, 2002, then, in view of section 34, no st1:stre..