Mondaq India: Corporate/Commercial Law > Contracts and Commercial Law
Argus Partners
In financing transactions, one of the most conventional means of securing the payment obligations of a corporate borrower is to obtain a guarantee from the promoters or holding/ group companies of such borrower.
Obhan & Associates
In one of its recent judgements, Ambalal Sarabhai Enterprises Limited versus K.S. Infrasapce LLP and Other[1], the Supreme Court has pronounced that for an immovable property
Argus Partners
Since the inception of Insolvency and Bankruptcy Code, 2016, one of the most vexatious issues which confronted the insolvency practitioners alike, pertained to the enforceability of third party guarantees ...
Argus Partners
Options are instruments which derive their validity from an underlying asset.
Argus Partners
The seat of arbitration is a significant facet of any arbitration proceeding.
Khurana and Khurana
Stumbling upon a piece of research that answers a crucial legal question is a common happenstance in the life of any lawyer, academic or student.
Trilegal
Enforcement of put & call option contracts in India has been a conflicted subject given RBI's restriction on guaranteeing assured returns to foreign investors.
Singh & Associates
The Lok Sabha on August 05, 2019 cleared the Surrogacy (Regulation) Bill, 2019, which seeks to ban commercial surrogacy and to promote ethical altruistic surrogacy with the due clearance from appropriate authorities ...
King, Stubb & Kasiva
The Hon'ble Supreme Court in its recent judgment in Jignesh Shah and another v. Union of India and another held that though the winding-up proceeding is a proceeding 'in rem'...
S.S. Rana & Co. Advocates
An Arbitration clause is designed to set out the procedure that shall govern any dispute arising from or in connection with the contract.
Khaitan & Co
Guided by established principles of Common Law that view damages as the presumptive remedy and specific performance as an alternate, discretionary remedy, the Specific Relief Act 1963 has sought to protect civil and ...
Obhan & Associates
It is a fairly reasonable assumption to make that the famous or rather infamous relationship between law and morality would not apply to the commercial world of contractual arrangements.
Vaish Associates Advocates
The National Spot Exchange Limited (NSEL) let out a huge sigh of relief, as the High Court of Bombay (High Court) in the case of 63 Moons Technologies Ltd. v. The State of Maharashtra...
AZB & Partners
Any business interested in establishing a business in India is required to first ascertain whether the business is to operate as a foreign entity having a presence in India
Singhania & Partners LLP, Solicitors and Advocates
Only power of attorney, if any, is required to be notarised.
AZB & Partners
The Amendment Act has narrowed the list of grounds on the basis of which specific performance can now be refused.
Link Legal India Law Services
Damages as commonly understood, is compensation to a party to put it back in the same position in which it would have been, had the other party not committed a breach. But damages is not a means to unjust enrichment.
AZB & Partners
In a very welcome move, the Ministry of Corporate Affairs (‘MCA') has issued a circular on August 21, 2019 (‘Circular') clarifying that Section 232(6) of the Companies Act, 2013
Khaitan & Co
Following through on India's commitment to align its regulatory framework with the recommendations of the Financial Action Task Force, to check the misuse of multi-layered corporate entities for money laundering ...
Khaitan & Co
Under Indian law, shares of an unlisted company could hitherto either be held in physical form (i.e., represented by letters of allotment / share certificates issued against such shares) or in dematerialised form ...
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Khaitan & Co
The Hon'ble Supreme Court of India (Supreme Court) in its judgment, in M/s SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors. held that the failure to file written statements within the statutory time period ...
Argus Partners
The seat of arbitration is a significant facet of any arbitration proceeding.
Khurana and Khurana
A promise is essentially an offer or a proposal, made by a person or an entity, towards another.
VGC Law Firm
There have been a number of cases where the issue of rights of a creditor against a guarantor (corporate as well as individual) under the Insolvency and Bankruptcy Code, 2016 have been raised.
Khaitan & Co
Guided by established principles of Common Law that view damages as the presumptive remedy and specific performance as an alternate, discretionary remedy, the Specific Relief Act 1963 has sought to protect civil and ...
Argus Partners
Options are instruments which derive their validity from an underlying asset.
LexCounsel Law Offices
Large unpaid debts and continuing defaults by borrowers require the banks and financial institutions to initiate proceedings for recovery of dues against the principal borrowers as well as the guarantors ...
Khaitan & Co
Under Indian law, shares of an unlisted company could hitherto either be held in physical form (i.e., represented by letters of allotment / share certificates issued against such shares) or in dematerialised form ...
Argus Partners
Since the inception of Insolvency and Bankruptcy Code, 2016, one of the most vexatious issues which confronted the insolvency practitioners alike, pertained to the enforceability of third party guarantees ...
King, Stubb & Kasiva
The Hon'ble Supreme Court in its recent judgment in Jignesh Shah and another v. Union of India and another held that though the winding-up proceeding is a proceeding 'in rem'...
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