Corporate Law Articles
The Article deals with the issue of granting injunctions against conduct of AGMs and against proposed resolutions under section 397/398 of Indian Companies Act or Companies Act, 1956.
2. 397/398: Joint Venture disputes leading to litigation – a case study?
This Article deals with the Joint venture disputes leading to a litigation under section 397/398 of Companies Act, 1956.
3. Section 397/398: Harassment to majority shareholders?
The Article deals with the difficulties being faced by the majority shareholders through an action by the minority using section 397/398 of Companies Act, 1956.
4. 397/398: Properties not in Company’s name – litigation?
The Article deals with the issue of litigation surrounding complicated corporate transactions in any company and especially private limited companies or closely held private companies.
5. Anti Dilution Protection (Co-Authored by Ankit Rajgarhia))
INTRODUCTION
It is not uncommon for private equity or venture capital backed portfolio companies to raise multiple rounds of financing to fund the growth of their businesses. These subsequent financin
6. Oppression & Mismanagement: Prima facie case required before ordering any interim relief under section 397/398 of Companies Act, 1956?
The Article deals with the issue of passing interim relief on the application by the members to the CLB under section 397/398 of Companies Act, 1956.
7. Importance of Corporate Minutes in a California Corporation
In conclusion, corporate minutes are considered as one of the most important documents in any corporation.
8. CLB: Procedure before CLB in a proceeding under Section 397/398 and applicability of the provisions of C.P.C?
The Article deals with the procedure to be followed by the Company Law Board in a proceeding under section 397/398 of the Companies Act, 1956 and the applicability of the provisions of C.P.C.
9. CLB’s power to set-aside Agreements/Contracts under section 397/398?
The Article deals with the power of Company Law Board to set-aside agreements/contracts under section 397/398 of Companies Act, 1956.
10. CLB's power and responsibility under section 402 of Companies Act, 1956?
The Article deals with the power and the responsibility of the Company Law Board under section 402 of Companies Act, 1956 even when the main petition under section 397/398 of the Act is finally disposed of.
11. Books of Account – Companies Act, 1956 - allegations of mismanagement and connected issues?
The Article deals with the litigation surrounding maintenance of Books of Account under the provisions of Companies Act, 1956.
12. Directors’ responsibility, removal, disputes and remedies under section 397/398 of Companies Act, 1956?
The Article deals with the responsibilities, appointment, removal and disputes of directors in any Company in India under the provisions of Companies Act, 1956.
13. Oppression and Mismanagement: Construing ‘consent’ under section 399 of Companies Act, 1956?
The Article deals with the issue of 'consent' under section 399 of Companies Act, 1956 being the law governing formation and functioning of companies in India.
14. Cause of Action and Limitation to file a Petition under section 397/398 of Companies Act, 1956?
The Article deals with the issue of cause of action and law of limitation while filing petition under section 397/398 of the Companies Act, 1956 being the law governing formation and functioning of Companies in India.
15. Setting Up Your Business as an LLC
One question that I am often asked by individuals interested in starting a new business or making an investment in real estate is "Do I need to set up a Limited Liability Company (LLC) for my new venture or can I wait until I have the business up and running before I form the LLC?" In almost every case my answer is that the LLC ...
16. 6 Helpful Steps in Forming a California LLC
If you are beyond any doubt ready and determined to form a California Limited Liability Company.
17. How to ascertain ‘oppression’ under section 397 of Companies Act, 1956?
The article deals with the issue as to how to construe oppression under section 397/398 of Companies Act, 1956 being the law governing the companies in India.
18. Cause of Action to Appeal to DRT continues at various stages under SARFAESI Act, 2002?
The Article deals with the right of the borrower to file an appeal under section 17 of SARFAESI Act, 2002 being the law in India dealing with the issues of recovery of secured loans by the Banks or Public Financial Institutions.
19. Petition under Section 397/398 of Companies Act, 1956 – Importance of Prayer – a Case Study
The Article deals with the issue of prayer in a Petition under section 397/398 of Companies Act, 1956.
20. Employment law, Absence and Performance Management
Keeping track of performance and absence are just two of the many factors businesses come up against under the employment law umbrella.
21. Directors & Managerial Personnel - Apointment, Revomal & Remuneration
This article explains about the role of directors, managerial personnel and the impact of clause 49 of listing agreement and further deals with the companies act and companies bill regarding the provisions of directors and managerial personnel including the independent directors and audit committee and their appointment, removal and remuneration limits.
22. Minority Shareholders In A Company – the protection?
The Article deals with the issue of protection availlable to the minority shareholders in a Company under Indian Company Law.
23. Law of Arbitration in relation to a proceeding under section 397/398 of Companies Act, 1956?
The Article deals with the issue of application of law of arbitraion in relation to a proceeding under section 397/398 of Companies Act, 1956.
24. Right of third parties in a proceeding under section 397/398 of Companies Act, 1956 - Indian Company Law
I had to concentrate on an interesting legal issue in the recent past on section 397/398 of the Companies Act, 1956. Though, section 397/398 of the Companies Act, 1956 is basically meant to protect th
25. Issue of public interest under section 397/398 of Companies Act, 1956?
It is known that resolving the disputes between or among the shareholders in a closely held company is very difficult in the absence of any settlement between or among the parties. Now a day, based on
26. Claim of minority to buy majority shares in a proceeding under section 397/398 of Companies Act, 1956?
Settling or putting an end to the disputes among shareholders by the Company Law Board under section 397/398 of the Companies Act, 1956 is a complicated job. When where exist serious difference of opi
27. The Code of Civil Procedure and a proceeding under section 397/398 of Companies Act, 1956?
I have read few judgments on a proceeding under section 397/398 of Companies Act, 1956 placing reliance on Company Law Board regulations and based on the procedural technicality. With great respect to
28. 397/398 - scope of section 402 - Indian Company Law
I have seen an interesting case in the recent past and that led me to look at the scope of section 403 of the Companies Act, 1956. I did not find so much case law on section 403 of the Companies Act,
29. Is it possible to lay a hard and fast rule on the powers of Company Law Board under section 397/398 of Companies Act, 1956?
It is known to the corporate professionals that there are so many complications in getting the disputes resolved among shareholders in the Company. The disputes among the shareholders or the groups te
30. 397/398 - interpretation - Company Law Board - Indian Company Law
Many books were written on the subject of legal interpretation by the Courts and we have so many precedents on the same. In my opinion, the subject of interpretation is driven by the principle that th
31. 397/398 - the difficulties with the issue of amendment to C.P - Indian Company Law
It is settled that the Company Law Board, while exercising powers under section 397/398 of the Companies Act, 1956 can pass any order in order to put an end to the matters complained of. The object be
32. Is it correct to interpret section 399 of the Companies Act, 1956 technically and strictly?
It is known that section 397/398 of Companies Act, 1956 substantially provide relief to the minority shareholders/shareholders against the oppression/mismanagement by the Company or the Majority Share
33. The role of Books of Account while dealing with a case of oppression and mismanagement?
The provisions of Companies Act, 1956 makes it very clear that every company should maintain proper books of accounts and should record all the transactions of the Company pertaining to sales, purchas
34. Will every act of mismanagement gives right to the minority to approach CLB under section 397/398 of the Companies Act, 1956?
It is true that the Board of directors in a Company is supposed to act in the best interest of the Company as they are answerable to the Share-holders and submits a report in the Annual General Body M
35. 397/398 - Private Limited Companies - Share Purchase Agreements - Complications - a case study?
I have heard some corporates who are in dilemma as to which forum to be approached for protection of their corporate rights. We tend to see cases of oppression and mismanagement very frequently in Pri
36. NATURE OF INSTRUMENTS ISSUED FOR INVESTMENTS INTO INDIA
The FDI policy allows the issuance of certain types of instruments by the Indian companies to the foreign investors for investments into India
37. Can the provision barring Civil Courts in the proposed Companies Bill be effectively implemented?
The Article provides a small brief on the issue of civil court's jurisdiction under Companies Act, 1956.
38. Company Law Baard - procedures - inevitable delay - Indian Company Law?
The Article provides a small brief on the issue of procedural delays in petition under section 397/398 of the Companies Act, 1956 before the Company Law Board.
39. 397/398 - powers of Company Law Board - a case study - Indian Company Law?
The Article deals with the issue of powers of Company Law Board.
40. 397/398 - Powers of CLB to set-aside agreements, charges etc. - Indian Company Law?
The Article provides a small brief on the issue of powers of Company Law Board under Companies Act, 1956.
41. 397/398 - fictitious filing of forms - complications - Indian Company Law?
The Article provides a small brief on the issue of fictitious filing of forms in Companies and the resultant complications.
42. 397/398 - Company Law Board - Forum Shopping - Indian Company Law?
The Article provides a small brief on the issue of approaching different forums by the shareholders of a Company for getting their rights protected.
43. Why is it interesting to note the functioning of NCLT if it is constituted?
The Article provides a small brief on the issue of complications before the proposed National Company Law Tribunal under Companies Act, 1956.
44. Challenge to NLCT and NCLAT - Supreme Court's Judgement - Indian Company Law?
The Article provides a small brief on the issue of challenge to constitution of National Company Law Tribunal and Appellate Tribunal under the Companies Act, 1956 through Companies (Second Amendment) Act, 2002.
45. 397/398 - CLB/NCLT - Concers of various shareholders - Indian Company Law?
The Article provides a brief on the concerns of various shareholders in getting their rights protected through the redressel mechanism provided under the Companies Act, 1956.
46. Investment Rights in immovable Property by NRIs in INDIA
Existing rules/Regulation for NRIs in Immovable proprrty in India under Fema.
47. The Veil Doctrine in Company Law - A Glimpse at how Anglo-Saxon courts apply the principle
A corporation under Company law or corporate law is specifically referred to as a “legal person”- as a subject of rights and duties that is capable of owning real property, entering into contracts, and having the ability to sue and be sued in its own name. In other words, a corporation is a juristic person that in most instances is legally treated as a person, and empowered with he attributes to own its own property, execute contracts, as well as ability to sue and be sued ...
48. Electronic agents are helpful and without risks for business as well as consumers
Every step of science and technology is deeply changing our world. Similar as countless technology achievements, electronic agent technology also affects from two sides. Out of question, electronic agents are helpful. Meanwhile, ‘[t]he list of potential problems is almost innumerable.’ So, there is no necessary to be optimistic blindly or to be pessimistic blindly as well.
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