Corporate Law

The Payment of Gratuity Act, 1972 ("Act") as a labour welfare legislation was enacted to provide a monetary benefit to an employee after retirement. It lays down the rules and regulations for applicability, calculation and payment of gratuity to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments. ...

The Government of India has recently amended its Foreign Direct Investment Policy ("FDI Policy") and barred automatic investment into India by its neighbouring countries. A press release[1] dated April 17th, 2020, ("Press Release") issued by the Department for Promotion of Industry and Internal Trade (DPIIT) has revised the FDI Policy to curb opportunistic takeovers or acquisitions of Indian companies in the aftermath of the novel coronavirus outbreak and the looming economic crisis....

In the wake of the prevailing Covid – 19 pandemic and subsequent government lockdown in India, the Ministry of Corporate Affairs (“MCA“) has been playing a vital role in implementing several relaxations and directives while taking cognizance of the public health issue before us. ...

Directors of a company hold a fiduciary position and are expected to manage the affairs of the company in a manner beneficial to the company’s interests. Directors’ liability arises because of their position as agents or officers or trustees of the Company as also for having fiduciary relation with the Company and its shareholders....

The sweeping and unprecedented pandemic that is the novel coronavirus ("COVID – 19") has impacted businesses and their operations globally. These circumstances are unique and the future is unquantifiable. Governments all over the world are attempting to contain it by implementing lockdowns, India itself having effected a complete lockdown for 21 (twenty one) days. In light of the same, the Government has realised the importance of offering relief to not only employees but also employers. ...

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....

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")....

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.’...

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....