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  • Article

    RBI Pushes For Massive Governance Reforms Of Banks In The Aftermath Of Recurring Bank Frauds

    Investigations have revealed involvement of not only mid-level employees, but also of the senior most management of the banks.
    IndiaCorporate/Commercial Law
    Acuity Law
    Acuity Law
  • Article

    The Second-Order Effect Of Capital: What Companies Actually Live With

    The Shareholder Agreement imposes GAAP-compliant monthly reporting on the company. The finance team discovers its inability to comply forty-five days post-close. No party examined the information rights clause...
    IndiaCorporate/Commercial Law
    Agama Law Associates
    Agama Law Associates
Article

AL Insights - February 2024

This monthly legal roundup is a compilation of our thought leadership articles published in the month of January 2024 on key legal and regulatory topics.
IndiaLitigation, Mediation & Arbitration
Acuity Law
Acuity Law
  • Article

    Delhi HC: Directors Of A Company Cannot Be Made Party To An Arbitration Under The 'Group Of Companies' Doctrine

    The Delhi High Court recently in the case of, Vingro Developers Private Limited v. Nitya Shree Developers Private Limited, (Arb. P. 667/2023), has held that directors of a company cannot be made party...
    IndiaLitigation, Mediation & Arbitration
    Argus Partners
    Argus Partners
  • Article

    Indian Customs – Gatekeeper Or Facilitator

    "Aapda mein hamne aage badhne ka awsar khoja" (we found opportunity to move forward in disaster) the Indian Prime Minister Mr. Narender Modi said on January 12, 2021 talking about earthquake in Gujarat in 2001.
    IndiaCoronavirus (COVID-19)
    Ashok Dhingra Associates
    Ashok Dhingra Associates
  • Article

    Gifts With No Strings Attached (Part I)

    Bribery and corruption are the sensitive concerns for any organization doing business locally or globally.
    IndiaCorporate/Commercial Law
    Rajani Associates
    Rajani Associates
  • Article

    Liability Of Directors In Case Of Dishonor Of Cheque

    The way cheques are issued, bounced, and dealt with has changed dramatically throughout the years. Our country has benefited greatly from commercial globalization.
    IndiaCorporate/Commercial Law
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Limitation Of Liability Clause In An Agreement

    Let us do an exercise. You may not have bothered so far, so you could do it today. Have a look at the backside of your Drycleaner's slip for the garments you have given him for laundry or dry cleaning.
    IndiaCorporate/Commercial Law
    Corp Comm Legal
    Corp Comm Legal
  • Article

    Ministry Of Corporate Affairs Vide Circular No.04/2020 February 17,2020, Clarified The Procedure Of Filing Of Forms In The Register (MCA-21) By The Insolvency Professional (Interim Resolution Professional (IRP) Appointed Under Insolvency Bankruptcy Code,2016

    Keeping in view the requirements for Statutory compliances by companies under the Companies Act,2013, and to enable compliance by such Resolution Professionals,...
    IndiaCorporate/Commercial Law
    Lex Favios
    Lex Favios
  • Article

    NCLT Chennai Dismisses Oppression And Mismanagement Petition, Says Deadlock Between Equal Shareholders Cannot Be Treated As Oppression

    The National Company Law Tribunal, Chennai Bench, has dismissed a petition under Sections 397 and 398 of the Companies Act, 1956, holding that a break down of mutual trust and confidence between two equal shareholders, and a deadlock arising from their differences, cannot by itself be treated as oppression or mismanagement.
    IndiaCorporate/Commercial Law
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    NCLT Mumbai Directs Buyout Of Petitioner's Shares In Oppression Case, Holds Fund Diversion Allegations Barred By Limitation

    The National Company Law Tribunal (NCLT), Mumbai Bench, has directed the respondent directors of a Pune based company to buy out the shares of a 33% shareholder. The Tribunal held that the allegations of fund diversion and manipulation of share capital were barred by limitation, but found that non-service of meeting notices amounted to oppression.
    IndiaCorporate/Commercial Law
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Put And Call Options For Directors And Key Managerial Personnel Under The Companies Act, 2013 – A Closer Look

    Section 194 of the Companies Act, 2013 prohibits directors and key managerial personnel from executing contracts / arrangements that permit them to exercise a ‘right to call for delivery...
    IndiaCorporate/Commercial Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Section 138 The Negotiable Instruments Act, 1881- Bombay High Court Reiterates Position As Set Out By The Supreme Court Regarding Prosecution Of Directors

    Thereafter, the Appellant preferred a Review Application which also came to be dismissed by the High Court. Hence, the Appellant moved the Supreme Court by way of a Special Leave Petition.
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    SPACs: Business Combination Options For Indian Companies (Cross Border Mergers With Emphasis On Inbound Mergers)

    Although Special Purpose Acquisition Companies (SPACs) have been active for decades, the year 2021 has been witnessing a considerable rise in SPAC activities, with nearly USD 128 billion raised from...
    IndiaCorporate/Commercial Law
    HSA Advocates
    HSA Advocates
  • Article

    Bombay HC: Contents Of Special Notice Requisitioning Extra-Ordinary General Meeting For Removal Of Director, Defamatory?

    The High Court of Bombay in its recent decision in Rata Tata and Ors. v State of Maharashtra and Anr. (Criminal Writ Petition No. 1238 of 2019 decided on 22 July 2019) held that the contents of the special notice ...
    IndiaCorporate/Commercial Law
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Directors Not Vicariously Liable For Dishonored Cheques Of Company In Absence Of Specific Allegations: Supreme Court Of India

    The Hon'ble Supreme Court in a recent judgment in Ashutosh Ashok Parasrampuriya and Anr. v. M/s Gharkul Industries Pvt. Ltd. & Ors. held that the directors of a company can only be made liable for offences committed by the company ...
    IndiaCorporate/Commercial Law
    Phoenix Legal
    Phoenix Legal
  • Article

    Important Lessons For Private Equity And Venture Capital Investors In India

    Typically, private equity and venture capital investors seek various contractual rights to protect their investments and secure their returns.
    IndiaCorporate/Commercial Law
    Majmudar & Partners
    Majmudar & Partners
  • Article

    Role Of Corporate Governance In The Performance Of Organisation

    Corporate Governance is formed by merging two words "Corporate" and"Governance". Corporate is derived from the word corporation which means a separate legal entity distinct from its members, simply referred to as a company.
    IndiaCorporate/Commercial Law
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    SEBI Amendments On Special Rights In Listed Companies – Necessary Measure Or Regulatory Overkill?

    SEBI has recently notified certain amendments to the SEBI (Listing Obligations and Disclosure Requirements) Regulations (Listing Regulations) which expressly recognise...
    IndiaCorporate/Commercial Law
    Touchstone Partners
    Touchstone Partners
  • Article

    Significant Beneficial Owner – Tightening The Noose

    The provisions relating to declaration of significant beneficial ownership ("SBO") were introduced in the Companies Act, 2013 ("Act")...
    IndiaCorporate/Commercial Law
    CMS INDUSLAW
    CMS INDUSLAW
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