38 results found

The Supreme Court has held that criminal proceedings against a company cannot be quashed merely because no natural person acting for it has been identified or arraigned. Allegations must prima facie reveal that a natural person acted on behalf of the company and that the surrounding circumstances do not render the existence of the requisite mens rea patently absurd or inherently improbable.

Securities and Exchange Board of India (``SEBI``) last week approved SEBI (Prohibition of Insider Trading) Regulations, 2014 (``New Regulations``).

One of the well-known principles of equity is -Law supports the vigilant and not the indolent. How important is vigilance on the part of the proprietor of an infringed trademark in getting relief in the action for infringement/ passing off? This article is an analysis of the recent case laws (limited to the year 2005) on extent and the circumstances under which the delay would be fatal to an action for infringement or passing off under the Act. In an action for infringement, it is commonplace fo

Corporations have a separate legal entity and they are treated as a separate personality in law.

Being the controlling head of the companies, the management plays an indispensable and vital role in the regulation of its affairs.

Even the most well-intentioned of legislations can be quite ineffective in providing succour to honest investors and safeguarding interests of the company.

Political untouchability has found its way into the regulatory system too.

The Supreme Court of India, in its decision in Ravindranatha Bajpe v. Mangalore Special Economic Zone Ltd. & Others, held that company officials such as chairman, managing director, executive director, etc. ...

In a recent case, Ravindranatha Bajpe Vs Mangalore Special Economic Zone Ltd, the Supreme Court of India held that a director of a company could not be "vicariously" held liable for criminal offences of a company.

The Hon'ble Supreme Court in a recent case in Ravindranatha Bajpe v. Mangalore Special Economic Zone Ltd. and Ors. Etc., held that the chairman, directors, and other key managerial personnel of a company...

The gargantuan changes occurred in the pretext of COVID-19 reiterated the need for harmonization of regimes with commercial realities of a sinking global economy.

The Enforcement Directorate's power to investigate money laundering cases hinges entirely on a fundamental legal concept: the predicate offence. Without a legitimately registered scheduled crime serving as the foundation, can the ED legally pursue a money laundering investigation? This analysis explores how the predicate offence acts as both an operational catalyst and a constitutional check on the ED's sweeping powers under the Prevention of Money Laundering Act, 2002.

The Supreme Court of India in the recent judgment of Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd., dismissed the appeals aimed to contest the proceedings filed by the lender under Section 138 ...

In line with its objective to bring clarity in scope and transparency in procedural framework, SEBI has revamped its existing consent order framework.

Obtaining permissions, approvals and licences in India creates high risks for bribery on account of there being significant interaction between the company and government authorities.

A company, in the eyes of law, is a separate legal person. But unlike an individual, it cannot think, speak or act on its own. Every corporate decision is ultimately taken by people—directors...

An investigation into alleged fraud can expose a company to risks that could result in financial and reputational damage and impact shareholder value. Once fraud is suspected or detected,...