Corporate Law

The Supreme Court of India ("SC") in the case Welspun Specialty Solutions Ltd. vs. ONGC , ("judgement") recently held that, merely having an explicit clause in a contract may not be sufficient to make time the essence of the contract. The SC determined whether the contract between Welspun Specialty Solutions Ltd. ("Welspun") and the Oil and Natural Gas Corporation ("ONGC") was one where time is of the essence. ......

On November 22, 2021, the Supreme Court of India in the case of Kewal Krishan vs. Rajesh Kumar & Ors. etc. , held that if a sale deed in respect of an immovable property is executed without payment of price and if it does not provide for the payment of price at a future, it is not a sale at all in the eyes of the law. ......

In a recent matter (Honda Cars India Limited vs Sudesh Berry) before the Supreme Court of India, the apex court overturned a decision of National Consumer Disputes Redressal Commission ("NCDRC") and reiterated that a vehicle manufacturer cannot be held liable for any defects in the performance of a dealer and/or an authorised service centre while servicing vehicles. ......

Under the Companies Act, 2013 ("Act"), Employee Stock Option Plans (or "ESOPs") are plans primarily designed to have the employees invest in the stock of the employer sponsoring the same. They form part of the employees’ remuneration structure and are usually unaccompanied by any upfront costs. ......

On October 8, 2021, in the case of M/s Gimpex Private Limited vs. Manoj Goel , the Supreme Court of India has held that a cheque issued pursuant to a deed of settlement between parties will be presumed to have been issued towards discharge of a debt or liability under Section 138 of the Negotiable Instruments Act ("NI Act"), which fastens criminal liability in cheque bounce cases. ......

While the pandemic changed our world overnight, it also forced us to slow down, evaluate and begin to work towards the kind of world we want to inhabit. Perhaps therefore, even amid COVID-19 induced economic slowdowns all over the world, the concept of sustainability for all factors of production remains one of the few areas with rising financial interest. ......

On August 27, 2021, the Insolvency and Bankruptcy Board of India (“IBBI”), created under the 2016 insolvency law, released a discussion paper (“IBBI Discussion Paper”) on the corporate insolvency resolution process, and sought comments on its recommendations. One of IBBI's concerns that it expressed through the IBBI Discussion Paper is that while other components of the insolvency and bankruptcy ecosystem. ......

Section 60 of the Transfer of Property Act, 1882, lays down that after the principal money becomes due, the mortgagor can tender the money and require the mortgagee to deliver the possession of the property or the dead/documents to him. In 2020, the Supreme Court held that the right to redeem a property from a mortgagee, cannot be denied. ......

The Delhi High Court in the case of Larsen & Toubro Limited vs. Punjab National Bank recently pronounced an important judgement clarifying the duration of a claim period in a bank guarantee. The issues raised in this case pertain to the scope of Section 28 of the Indian Contract Act, 1872 ("Act"). ......