Corporate Law

Corporate Law

|

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....
|

MCA to release a web form named CAR (Company Affirmatio...

In the wake of the prevailing COVID-19 situation and given the magnitude and the extent of its spread, the corporate sector is required to play a key role in implementing the strategic policy decision of social distancing, which is most crucial for reducing the rate and extent of the disease transmission at community level....
|

Determining the Seat of an Arbitration

In the context of arbitration, the terms “seat” and “venue” have very specific meanings. However, judicial interpretation over the years have created confusion as to the actual understanding of the same. In India, over the course of the past two years, we have seen conflicting decisions with respect to interpretation of arbitration clauses and determining the “seat of the arbitration”. In light of that, the recent decision of the three-judge bench of the Supreme Court in Mankastu Impex Private Limited V Airvisual Limited (“Mankastu”) has attained utmost significance. ...

Supreme Court of India Reverses Ban on Cryptocurrencies...

On March 4, 2020, a three-judge bench of the Supreme Court of India ("Supreme Court") set aside the Reserve Bank of India’s ("RBI") circular dated April 6, 2018 ("Circular"), which prohibited entities regulated by the RBI from dealing in virtual currencies or providing services for facilitating any person or entity in dealing with or settling virtual currencies. The Supreme Court set aside the Circular on the ground of proportionality....
|

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")....

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.’...
|

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....
|

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....
PF
|

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“)....