Archive for the Category ‘Corporate & Commercial Law’



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‘DISPUTE RESOLUTION – THE COMMERCIAL WAY’

‘DISPUTE RESOLUTION – THE COMMERCIAL WAY’ 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.’- ...

Effect of Compitition Law on Mergers and Acquisition

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 ...

TORT OF PASSING-OFF

TORT OF PASSING-OFF  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 ...

A CRITICAL ANALYSIS OF THE DOCTRINE OF LEGAL PRECEDENTS

A CRITICAL ANALYSIS OF THE DOCTRINE OF LEGAL PRECEDENTS 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. ...

Pre-emptive rights of shareholders of Private Company

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 ...

CONVEYANCING OF SALE DEED AND ITS REQUIREMENTS

CONVEYANCING OF SALE DEED AND ITS REQUIREMENTS 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 ...

Optimal Balance of Financial Instruments: Long-Term Management, Market Volatility & Proposed Changes

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 ...

Jessica Lal : A case of Indian Realism

Jessica Lal : A case of Indian Realism  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 ...

MINORITY AND PARTNERSHIP

MINORITY AND PARTNERSHIP 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. ...

REGISTRATION OF A PRODUCER COMPANY

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 ...
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