Corporate 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"). ......

On July 22, 2021, the Ministry of Corporate Affairs notified the Companies (Incorporation) Fifth Amendment Rules, 2021 (“Amendment”), thereby amending the Companies (Incorporation) Rules, 2014 (“Rules”). The Amendment, has inserted a new Rule 33A (Allotment of a new name to the existing company under Section 16(3) of the Act) after Rule 33 under the Rules. ......

Employment Laws in India have traditionally been governed by contract as well as multifarious and fragmented legislations, both at the central and state level. With a view to harmonising and consolidating the various legislations pertaining to employment, social security, wages, industrial disputes and other relevant labour/employment related matters, the Ministry of Labour and Employment ("Ministry") introduced four bills in 2019 to amalgamate 29 central laws related to labour laws. These bills have been codified and enacted. ......