Archive for the Category ‘Corporate & Commercial Law’

Saloni Aggarwal
I] INTRODUCTION
‘It bids us remember…to settle a dispute by negotiation and not by force; to prefer arbitration to litigation- for an arbitrator goes by the equity of a case, a judge by the strict law, and arbitration was invented with the express purpose of securing full power for equity.’- ...
November 12th, 2011 | 99 views | 2 Comments »
Posted in Category: Corporate & Commercial Law, Legal Articles | Tags: ‘DISPUTE RESOLUTION
INTRODUCTION
Mergers and acquisitions (or combinations) refer to a situation where the ownership of two or more enterprises is joined together. A merger is said to occur when two or more companies combine to form a new company. In this, two or more companies may merge with an existing company or ...
September 23rd, 2011 | 373 views | 1 Comment »
Posted in Category: Corporate & Commercial Law, Legal Articles | Tags: Acquisition and Mergers, Compitition Law, Effect of Compitition Law, Mergers, Mergers and Acquisition, Rohit Choudhary, acquisition

CHAPTER 1
THE CONCEPT OF PASSING OFF
Passing off is a wrong, a common law tort which protects the goodwill of a trader from misrepresentation. Misleading the public into believing falsely, that the brand being projected was the same as a well known brand is a wrong and is known as the ...
August 22nd, 2011 | 527 views | No Comments »
Posted in Category: Corporate & Commercial Law, Legal Articles | Tags: TORT OF PASSING-OFF

ADITI GHOSH
INTRODUCTION:
Judicial methods are the techniques adopted by the judges in deciding cases. Judicial method plays an important role in the development of law, irrespective of the fact whether a community lives in rural simplicity or modern complexity, or whether it follows case laws to decide cases or codified laws. ...
August 17th, 2011 | 695 views | 1 Comment »
Posted in Category: Corporate & Commercial Law, Legal Articles | Tags: ADVANTAGES OF THE DOCTRINE OF JUDICIAL PRECEDENTS, AUTHORITATIVE OR BINDING PRECEDENT, BINDING PRECEDENT, DISADVANTAGES OF THE DOCTRINE OF JUDICIAL PRECEDENTS, JUDICIAL PRECEDENTS, Judicial methods, PERSUASIVE PRECEDENT, STARE DECISIS, common law, original precedent, precedent, statute law
Pre-emptive rights of shareholders of Private Company: Enforceable to what extent
Transferability of shares is the primary feature of the incorporation of a company. Section 3 (iii) and (iv) of Companies Act 1956 deals with the definition of private and public company which determines the freedom and restriction to transfer shares ...
August 6th, 2011 | 449 views | No Comments »
Posted in Category: Corporate & Commercial Law, Legal Articles | Tags: Articles of Association of the Company, CLB, COMPANIES ACT 1956, Company Law Board, Pre-emptive rights, Specific Relief Act, shareholders of Private Company, transferability of shares

Conveyancing has been practiced as a fine art in England by a class of trained lawyers who have specialized as conveyancers after an intensive study of the law relating to contracts and real property. Though the term conveyancing used by most of the England Lawyers for drafting the documents of ...
July 8th, 2011 | 1,438 views | 2 Comments »
Posted in Category: Corporate & Commercial Law, Legal Articles | Tags: CONVEYANCING, SALE DEED
An optimal mix of financial instrument can be structured to incentivize the management to focus on the long-term management. However there is not a single unique optimal mix available for all firms. It will vary on firm, industrial characteristics and market. The choice of securities issued depends on few broad ...
July 5th, 2011 | 30 views | No Comments »
Posted in Category: Corporate & Commercial Law, Legal Articles | Tags: Financial Instruments, Long-Term Management, Market Volatility, Optimal Balance, Proposed Changes

To many who study India, it has become a tad trite to describe this complex nation-state as one that is filled with contradictions. Attuned observers know that what India has accomplished during its fifty- plus years of independence is nothing short of astounding. As serious, if not more so of ...
April 20th, 2011 | 778 views | No Comments »
Posted in Category: Corporate & Commercial Law, Legal Articles | Tags: Indian Realism, Jessica Lal case

A partnership firm is a creation of a contract between persons called “partners” and each partner can represent the other partners and the firm as their agent. There is “mutual agency” between partners in the sense that each partner is both a principal and an agent at the same time. ...
March 21st, 2011 | 1,284 views | No Comments »
Posted in Category: Corporate & Commercial Law, Legal Articles | Tags: MINORITY, PARTNERSHIP
The Companies (Amendment) Act 2002 vides notification no. S.O. 135 (E) inserted part IX – A of the Companies Act, 1956 ( hereinafter referred to as “the Act” ) and introduced the concept of Producer Company[1]. In the year 2002 an expert committee led by noted economist Y.K Alagh framed ...
January 17th, 2011 | 1,504 views | 2 Comments »
Posted in Category: Corporate & Commercial Law, Legal Articles | Tags: COMPANY, PRODUCER, REGISTRATION