Simplifying Privity of Contract and Consideration
“Every agreement and promise enforceable by law, is a contract” -Sir Fredrik Pollock The Basics of Indian Contract Law A contract is an agreement between enforceable by law. According to…
Hostile Takeover- its impact and consequences on the stakeholders
A Hostile Takeover is when the target company faces an upsurge in the value of its shares. When a company that wants to acquire the target company offers the target…
Contempt of Court – Civil and Criminal
What is Contempt of Court? Any kind of behaviour which does not comply with the customs of the court or the traditions of the court which does not maintain a…
Charge and Hypothecation
The people are always confused between Charge and Hypothecation which seems to be similar but in legal parlance holds two different grounds. For the simplification of these terms, this article…
Lease Rentals: Whether Operational Debt or not?
Ever since the implementation of the Insolvency and Bankruptcy Code, 2016 (“Code”), several key aspects of the law have been in the limelight for their contentious definitions and ambiguous interpretations.…
Critical Analysis of “Proceeding under section 138/141 of the Negotiable Instruments Act is a quasi-criminal & would amount to a ‘proceeding’ within the meaning of section 14(1)(a) of IBC”
SUMMARY On March 1st, 2021, the three-judges bench of the Supreme Court comprising of Justice RF Nariman, Justice Navin Sinha and Justice K M Joseph stated in the case of…
Tata Consultancy Services V. Cyrus Investments Private Limited
CIVIL APPEAL NOs. 440441 0F 2020 INTRODUCTION On Friday, 26th March 2021, the Apex Court of India put aside the December 2019 order of the National Company Law Appellate Tribunal. The earlier order had…
Regulations for functioning of e-Wallets in India
INTRODUCTION In the past decade, the use of digital payments has increased immensely in India. Moreover, the demonetization in 2016 was a huge push for many people, it made them…
Is Society a body Corporate?
INTRODUCTION The Companies Act, 2013 defines the term ‘body corporate’. Section 2(11) of the Companies Act, 2013 explains the type of entities that are considered as body corporates in contemporary…
Understanding the Mareva Injunction
A Mareva Injunction is an interlocutory order by a court of competent jurisdiction demanding the freezing of assets or properties of the defendant, to prevent him from disposing of, alienating…