Corporate Law

On August 27, 2021, the Insolvency and Bankruptcy Board of India (“IBBI”), created under the 2016 insolvency law, released a discussion paper (“IBBI Discussion Paper”) on the corporate insolvency resolution process, and sought comments on its recommendations. One of IBBI's concerns that it expressed through the IBBI Discussion Paper is that while other components of the insolvency and bankruptcy ecosystem. ......

Section 60 of the Transfer of Property Act, 1882, lays down that after the principal money becomes due, the mortgagor can tender the money and require the mortgagee to deliver the possession of the property or the dead/documents to him. In 2020, the Supreme Court held that the right to redeem a property from a mortgagee, cannot be denied. ......

The Delhi High Court in the case of Larsen & Toubro Limited vs. Punjab National Bank recently pronounced an important judgement clarifying the duration of a claim period in a bank guarantee. The issues raised in this case pertain to the scope of Section 28 of the Indian Contract Act, 1872 ("Act"). ......

On July 22, 2021, the Ministry of Corporate Affairs notified the Companies (Incorporation) Fifth Amendment Rules, 2021 (“Amendment”), thereby amending the Companies (Incorporation) Rules, 2014 (“Rules”). The Amendment, has inserted a new Rule 33A (Allotment of a new name to the existing company under Section 16(3) of the Act) after Rule 33 under the Rules. ......

Employment Laws in India have traditionally been governed by contract as well as multifarious and fragmented legislations, both at the central and state level. With a view to harmonising and consolidating the various legislations pertaining to employment, social security, wages, industrial disputes and other relevant labour/employment related matters, the Ministry of Labour and Employment ("Ministry") introduced four bills in 2019 to amalgamate 29 central laws related to labour laws. These bills have been codified and enacted. ......

In 2016, the Insolvency and Bankruptcy Code (“IBC”) was enacted with the objective to bring the insolvency law in India under a single unified umbrella and to ensure speedy resolution of an entity (“Corporate Debtor”) which has defaulted in payment to its creditors (including the statutory authorities). ......

While determining whether a contract created an interest in the premises or in the business, the Supreme Court recently reiterated the parol evidence rule in the case of Mangala Waman Karandikar vs. Prakash Damodar Ranade. ......

Section 126 of the Indian Contract Act, 1872 , states that guarantee means a contract to perform the promise or discharge the liability of a third person, in case of their default. Bank Guarantee is therefore a guarantee provide by a lending institution, wherein the debt by a debtor is covered by a Bank. ......

The Ministry of Consumer Affairs (MCA) on June 21, 2021, suggested amendments to the Consumer Protection (E-commerce) Rules, 2020 (“E-Commerce Rules”), with the aim of tightening the functioning of large online marketplaces. ......