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Corporate Law Articles


Importance of Non Disclosure Agreement (NDA) or Confidentiality Agreement

  CA Puja Sharma    16 April 2022 at 08:04

A Non Disclosure Agreement is a legal contract signed between two or more parties who share personal and sensitive knowledge or information for varied purposes and want to ensure that such information remains confidential.



Whether provisions of Section 143A of NIA, 1881 is prospective or retrospective

  FCS Deepak Pratap Singh    16 April 2022 at 08:04

Negotiable Instruments Act,1881 is an Act to define and amend the law relating to Promissory Notes, Bills of Exchange and Cheques.



Legal Compliance Calendar for FY 2022-23

  CA Harshawardhan Nigade    15 April 2022 at 07:23

Legal Compliance Calendar for FY 2022-23 Covering Important due dates Company Law, GST Act, Income tax Act, Labour laws etc.



Whether mere endorsement of the Bank "payment stopped" is sufficient to entertain the complaint u/s 138 of NI Act?

  FCS Deepak Pratap Singh    14 April 2022 at 07:45

A well appreciated and welcome decision from the Apex Court in which court held that the object of Chapter XVII, which is intituled as "OF PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE ACCOUNTS" and contains Sections 138 to 142, is to promote the efficacy of banking operations and to ensure credibility



Whether operational creditor includes a purchaser of goods and services

  FCS Deepak Pratap Singh    14 April 2022 at 07:45

In a recent judgment, the Supreme Court of India, while keeping up the efforts of plugging various loopholes in the Insolvency & Bankruptcy Code, 2016 ("Code"), decided an interesting legal issue relating to the scope of Section 5(20) of the Code, which provides the definition of "operational creditor".



SC: A "Going concern sale" on an "as is where basis" means sale of both assets & liabilities

  FCS Deepak Pratap Singh    13 April 2022 at 08:46

A 'going concern sale' on an 'as is where basis' does not dissolve the corporate debtor, rather, it forms a part of the liquidation estate wherein the entire business, including assets and liabilities, including all contracts, licences, concessions, agreements, benefits, privileges, rights, or interests, is transferred to the purchaser.



A debt not being part of resolution plan would not be legally actionable

  FCS Deepak Pratap Singh    12 April 2022 at 08:56

Once the resolution plan was approved, all claims stood frozen and a claim which did not form a part of the final resolution plan would not be legally actionable.



Key amendments made in EPS Scheme so far

  CS Lalit Rajput    08 April 2022 at 09:09

The Central Government had launched Employees' Pension Scheme, 1995 in exercise of the powers conferred by Section 6A of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).



SC: Collective Investment Scheme floated by a private trust is illegal

  FCS Deepak Pratap Singh    08 April 2022 at 09:03

From the discussion and the decision of the Apex Court,it is clear that according to the statutory scheme a collective investment scheme can only be floated by a person in the form of a collective investment management company and not in any other form and this is why, under sub-section 2 of Section 11AA, the term “company" is used instead of "person."



SC: Any change in terms and conditions of insurance should be intimated to the insured at the time of renewal

  FCS Deepak Pratap Singh    07 April 2022 at 08:42

The undisputed facts are that the appellants contracted with the respondent (hereinafter referred to as "the insurer") and secured a medical insurance policy (hereinafter referred to as "Mediclaim"), for the first time in 1982.