General Corporate Advisory

General Corporate Advisory

|

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. ...
|

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")....
|

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....
contractsign
|

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....
NCLAT
|

Tata’s tata to Mistry? Not if the NCLAT has anyth...

Legacies, while the sturdiest, are often the most vulnerable to that harsh cousin of time, change. The battle royale being played out between Tata Sons and Cyrus Mistry, of the Shapoorji Pallonji Group, certainly seems to echo the thought, and is being closely monitored, as the outcome will set the way forward for one of the biggest conglomerates in India....
Supreme Court
|

The Supreme Court on belated filing of Revised Returns ...

In a recent judgment delivered by Hon’ble Judge Indu Malhotra in the case of Dalmia Power Limited and Ors. Vs. The Assistant Commissioner of Income Tax, Circle 1, Trichy[1], the Supreme Court of India ("Court") upheld the validity of filing of revised returns by an amalgamated company beyond the time limit prescribed under the Income Tax Act, 1961 ("IT Act")....