It is often said that one major disadvantage of a company structure is that there are more compliances. The cost of non-compliance is always more than the cost of compliance.
Category: Government Advisory
Non-Bailable Warrant under section 138 in Negotiable Instrument Act, 1881
The legal authority to issue a non-bailable warrant if it is required to assure or force the appearance of the accused in a cheque bounce case under Section 138 of the Negotiable Instruments Act, 1881.
Judicial propriety on same-sex marriages
The present petition for legalizing same-sex marriage is outside the sphere of personal laws, given that it is being sought under the Special Marriage Act.
Stemming the outflow of foreign firms from India
To make India a beacon for foreign investment, it is important to delineate and implement a legal framework concerned with labour laws and dispute resolution following discussions with all stakeholders concerned.
Crypto Assets and Insolvency
the legal status of cryptocurrencies in India is still unclear, and the lack of clear regulation creates uncertainty for investors and businesses operating in the industry.
A judiciary-Executive Tussle over Judicial Appointments
The conflict between the Executive and the Judiciary regarding judicial appointment is not new. Its most visible manifestation was when Prime Minister Indira Gandhi appointed Justice A.N. Ray as the Chief Justice in 1975 out of turn, as a “reward” for his pro-government stance in the Kesavananda Bharti Case. This led to much public outcry, on the grounds of violation of judicial independence.
CROSS-BORDER INSOLVENCY DISPUTES
The UNCITRAL Model Law has been strongly recommended for providing a wide-ranging solution for resolving cross-border insolvency issues.
Operational Debt Includes Advance Payment Made to a Corporate Debtor for the supply of Goods or Services: SC
A debt arising from an advance payment given to a corporate debtor for the supply of goods or services would be deemed an operational debt.
Judges & Social Media: Managing the Risks
Criminal Procedure Jurisprudence explains the evidentiary value that social media posts carry. Certainly, there are advantages and good policy reasons for accessing social media evidence used in criminal proceedings.
The Secretary, Ministry of Defense vs. Babita Puniya & Ors. SCC, 17 Feburary 2020
A quest for equality of opportunity for women seeking Permanent Commissions in the Indian Army forms the rationale of the instant case.
Role of Mediation in the Insolvency Process
Specifically in insolvency proceedings, mediation as a tool can be employed to resolve issues and clear the bottleneck in the resolution process which had led to delays.
Critical Analysis of Digital Personal Data Protection Bill, 2022
The Proposed Law’s current draft represents a substantial improvement over its earlier versions and is more open-ended, leaving more to be prescribed by the Central Government.
Centre Proposes to Submit Model Builder-Buyer Agreement with mandatory RERA clauses before Supreme Court
A builder-buyer agreement with mandatory clauses that the states or union territories cannot change has been proposed to the Supreme Court by the federal government.
Limitation is continuous in cases of Homebuyers
If a homebuyer failed to file his/her case then will his/her case will not be taken and his grievances won’t be solved? The answer to this question is “NO”! The reason here is that the limitation period in the case of a homebuyer is continuous in view of the non-handing over of the possession of the unit.
Mechanism to protect Micro and Small Enterprises from delayed payment
Recover the money against the supply made along with interest notified by the Reserve Bank of India (RBI) if any company make the payment after 45 day of acceptance of goods and service from any MSME’s vendor.