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Corporate Law

Corporate Law

digital copyright India
April 8, 2020
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Non-executive Directors Immune from Vicarious Liability...

Directors of a company hold a fiduciary position and are expected to manage the affairs of the company in a manner beneficial to the company’s interests. Directors’ liability arises because of their position as agents or officers or trustees of the Company as also for having fiduciary relation with the Company and its shareholders....
digital copyright India
April 2, 2020
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Compliance Relaxations Introduced for Companies in Ligh...

The sweeping and unprecedented pandemic that is the novel coronavirus ("COVID – 19") has impacted businesses and their operations globally. These circumstances are unique and the future is unquantifiable. Governments all over the world are attempting to contain it by implementing lockdowns, India itself having effected a complete lockdown for 21 (twenty one) days. In light of the same, the Government has realised the importance of offering relief to not only employees but also employers. ...
digital copyright India
March 25, 2020
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Sexual Harassment – An Affront to a Woman’s Right...

The Sexual Harassment (Prevention, Prohibition and Redressal) Act, 2013 ("Act") defines sexual harassment as any unwelcome act or behaviour (whether directly or by implication) namely, physical contact and advances, or demand or request for sexual favours, or making sexually coloured remarks, or showing pornography, or any unwelcome physical, verbal or non-verbal conduct of sexual nature....
digital copyright India
March 4, 2020
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The Supreme Court’s Decision on Avoidance of Tran...

The insolvency of Jaypee Infratech Limited (JIL) and the fate of its various stakeholders, including distressed home buyers, has occupied space on our screens for years on end now, The JIL insolvency has required a careful unravelling of various entangled matters and has in this process, become a touchstone to test the resilience and sturdiness of the Insolvency and Bankruptcy Code introduced in 2016 (the "Code" or "IBC")....
digital copyright India
February 26, 2020
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Respite to India Inc. – Novel Corona Virus Declar...

In December 2019 the world watched in concern as scenes of chaos, misery and rapidly mounting death tolls emerged from China. Covid -19 was first detected in the Hubai province of China, however by January 2020, the World Health Organization had declared the outbreak of the Novel Corona Virus as a ‘public health emergency.’...
digital copyright India
February 19, 2020
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Summary Procedure for Liquidation: Companies Act, 2013

According to Professor Gower, "Winding up of a company is the process whereby its life is ended and its property is administered for the benefit of its members & creditors. An administrator, called liquidator is appointed and he takes control of the company, collects its assets, pays its debts and finally distributes any surplus among the members in accordance with their rights....
digital copyright India
February 13, 2020
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Understanding Economic Slowdown in India: What steps ha...

After years of outperforming its emerging market peers, the Indian economy has been running out of steam. Looking at five consecutive quarters of diminishing economic growth, followed by a very weak Gross Domestic Product (“GDP“) print of 4.5 percent for the 2nd quarter of the financial year (FY) 2020, it is safe to say that the India economy is going through one of its most serious crisis. This article will explore some of the reasons behind this slowdown and the steps taken by the Indian Government to deal with the same....
digital copyright India
February 5, 2020
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Contractual employees also entitled to receive Providen...

In a recent judgment delivered by Hon’ble Judges U. U. Lalit and Indu Malthotra, in the case of M/s. Pawan Hans Limited & Ors. Vs. Aviation Karmachari Sanghatana & Ors., the Supreme Court of India (“Supreme Court“) has held that employees who draw wages/salaries whether directly or indirectly from a company, are entitled to provident fund benefits under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (“Act“)....
digital copyright India
January 29, 2020
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To be Present or Not to be Present Under The Registrati...

The object and purpose of the Registration Act, 1908 (“the Act”) amongst other things, is to provide a method of public registration of documents so as to give information to people regarding legal rights and obligations arising or affecting a particular property, and to perpetuate documents which may afterwards be of legal importance, and to prevent fraud....