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corporate law


Can the Bank adopt unfair/illegal methods to recover its due?

Recovery of its due has been a hectic exercise for the Banks in the absence of a special legislation. ‘Non-performing Assets’ were growing and a need was felt to reduce the ‘Non-performing Assets’ of the Banks drastically. As the recovery through Courts was a difficult exercise for the Banks, initially, a special legislation called ‘..

Posted in articles |   10 comments |   2312 Views


Anti-Competitive Contracts-Per Se Illegal Agreements

Case-Story   Robust Shoes,a giant Multinational, is world-leader in Sports-shoes,It set up its shop in India about 25 years ago and soon carved a niche for itself in premium Sports shoes market in India. However, for the past many years, Robust Shoes was not grow..

Posted in articles |   5 comments |   2342 Views


How High Court's intervention in SARFAESI ACT matters justified?

No one can defend a willful defaulter and no one can possibly object to the need of providing a special legislation to enable the Banks to recover their dues speedily and thus reduce their ‘Non-performing Assets’.  Constitutional validity of ‘The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,..

Posted in articles |   1 comments |   3439 Views


Non Compete Clauses and The Indian Contract Act, 1972

A non-compete clause or a covenant not to compete is a term used in contracts under which the employee agrees to not pursue a similar profession, trade or business in competition against the employer. Apart from the regular employment agreements, such covenants are also at times included in the agreements relating to sale of goodwill of business or professional p..

Posted in articles |   44820 Views


Major financial scams of India

1)Securities Scam(1992): In April 1992,a shortfall in the Government securities held by the SBI caused panic on Dalal street. He was known as the 'Big Bull'. However, his bull run did not last too long. He triggered a rise in the Bombay Stock Exchange in the year 1992 by trading in shares at a premium across many segments...

Posted in articles |   13094 Views


Arbitration: Some thoughts to share

A COMPARATIVE STUDY ON THE LAWS OF ARBITRATION   The Hon'ble Chief Justice of India Mr. Justice R.C. Lahoti, observed that :-   ‘The philosophy of Alternate Dispute Res..

Posted in articles |   2055 Views


Alternative dispute resolution

A COMPARATIVE STUDY ON THE LAWS OF ARBITRATION   The Hon'ble Chief Justice of India Mr. Justice R.C. Lahoti, observed that :-   ‘The philosophy of Alternate Dispute Res..

Posted in articles |   1 comments |   2255 Views


Restriction on Transfer of Shares in a Public Company

(The following Article have been published in the Journal of Chartered Accoutants, Sepember 2011 issue, published by ICAI, New Delhi. This Article is posted here for general and academic purpose only.)   Recent decision of the Bombay High Court in the case of Messer Holing has ch..

Posted in articles |   11679 Views


Demerger - An Analysis

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Posted in articles |   1 comments |   15786 Views


Essential Ingredients of good Corporate Governance

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Posted in articles |   2 comments |   4215 Views


Objection After Full & Final Payment

In day –to-day business affairs, we have to deal with the payment of bills on almost regular basis.  It is a common belief that once the party has accepted the payment of final bill then the receiving party can not raise on..

Posted in articles |   3 comments |   2537 Views


State Has First Charge over Secured Assets despite Overriding Provision in Securitisation Act

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Posted in articles |   2 comments |   2345 Views


Compounding of interest where contract does not contain specific provisions thereof

.style2 { font-weight: bold; } .style3 { text-align: justify; } .style4 { text-align: justify; font-weight: bold; } An important question arises before Hon’ble High Court in Syndicate Bank Vs. Mahalaxmi Gining Factory- [200..

Posted in articles |   3293 Views


DRT Application for claim below Rs. 10 lakh - Validity

In Indian Overseas Bank v. Registrar, Debt Recovery Tribunal and another [2005] 127 Comp Cas 873 (Kerala HC) (Judgment delivered on February 21, 2005), the important question arises as to whether ..

Posted in articles |   4497 Views


If secured assets have been wrongfully transferred, an order for return can be passed by DRT

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Posted in articles |   1534 Views


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