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Searching Content indexed under Corporate/Commercial Law by Shardul Amarchand Mangaldas & Co ordered by Published Date Descending.
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NTPC v. Voith Hydro Joint Venture: Force Majeure Clause v. Impossibility Under Section 56?
Recently in NTPC v. Voith Hydro Joint Venture, 2019 SCC Online Del 9014, the High Court of Delhi made certain important observations with respect to the scope and application of Section 56 of the Indian Contract Act, 1872 .
India
23 Aug 2019
2
Law On Related Party Transactions– Need For Reform?
Section 188 of the 2013 Act expressly bars any RPTs on the matters contained therein, except with the approval of the Board of Directors and in certain cases with the approval of the company by a resolution.
India
8 Aug 2019
3
Unreined 280 Characters – A Recipe For Disaster!
Not even 280 characters, but less than 15 characters tweeted by Elon Musk, the erstwhile chairman and present day chief executive officer of Tesla, Inc. on the popular social media platform Twitter, attracted a flurry of repercussions ...
India
26 Jun 2019
4
The Ups And Downs Of Upside-Sharing Structures In India
The first section of this paper introduces the concept of upside-sharing arrangements and presents an empirical review of corporate disclosures made by certain listed and to-be-listed companies in India, ...
India
26 Nov 2018
5
Key Takeaways From The NCLT's Decision In Cyrus Mistry – Tata Sons Dispute
On 12 July 2018, the National Company Law Tribunal (Mumbai) ("Tribunal") delivered its landmark judgment in the matter of Cyrus Investments Pvt. Ltd. & Anr. vs. Tata Sons Limited & Ors.
India
30 Jul 2018
6
The Cross-Border E-Commerce Conundrum
Rapid strides in the field of technology has made e-commerce a viable platform for trade, accessible to ordinary retail buyers and sellers separated geographically ...
India
11 Jun 2018
7
Appeals Under The Commercial Courts, Commercial Division And Commercial Appellate Division Of High Courts Act, 2015 – A Legal Quagmire
In the view of the author, the resultant imbroglio is capable of resolution by making certain timely amendments in the 2015 Act.
India
24 Apr 2018
8
FDI In E-Commerce
The Consolidated FDI Policy (FDI Policy) states that 100% FDI is allowed under automatic route in e-commerce activities.
India
27 Mar 2018
9
Enforceability Of Provisions In Contracts Restricting The Right To File Class Action Suits In India*
It may be worth noting that in the United States of America, there has been substantial litigation on this issue.
India
1 Mar 2018
10
Effect Of Demonetization On The Companies Act, 2013
"Demonetization", a topic that evoked interest of both the academicians and professionals alike. Each person in the country had a strong opinion and an inherent expectation about the way...
India
8 Nov 2017
11
Disclosure Of Infosys Whistleblower Investigations – What Does The Law Demand?
The recent change in leadership at Infosys has thrown up interesting questions relating to the vigil mechanism in a listed company.
India
10 Oct 2017
12
The Tata-Docomo Conundrum – How Far An Arbitral Award Can Bind Third Parties
The high-profile shareholders dispute between NTT Docomo Inc. and Tata Sons Ltd. was given a quietus when the Delhi High Court, on 28 April 2017, declared an Award passed by a foreign Arbitral...
India
19 Sep 2017
13
The Companies (Amendment) Bill, 2017 – "To Loan" Or "Not To Loan"
The Companies Act, 2013 ("2013 Act") was brought in to address the concerns in the existing corporate law regime.
India
11 Sep 2017
14
Tata Shareholders' Suit: Bombay High Court Revokes Leave To Proceed In A Representative Capacity
The Bombay High Court on 10 July 2017 revoked its earlier leave granted under Order I Rule 8 of the Code of Civil Procedure...
India
13 Jul 2017
15
New Rules On Payment Of Long Term Capital Gains Tax On Non-STT Transactions
This note intends to analyse the draft notification issued by the CBDT under the third proviso to the clause (38) of section 10 of the Income Tax Act, 1961 highlight its impact on the primary and secondary market transactions.
India
19 Apr 2017
16
Determinacy Of A Trust – Indian Tax Insights
Trust structures have gained popularity over the years in India as vehicles for pooling of investments and for estate planning by high net-worth individuals.
India
22 Mar 2017
17
Brexit And Competition Law
"Brexit" – the departure of the UK from the European Union – has been approved by a majority of voters in the recent referendum.
UK
6 Jul 2016
18
Regulatory Updates: Capital Markets - April 2016
The RB, by a circular issued on April 13, 2016, has notified certain key changes in relation to overseas issuance of Indian Rupee denominated bonds (popularly known as ‘Masala bonds'), by eligible Indian entities.
India
21 Jun 2016
19
Initial Public Offerings By Indian Insurance Companies
The Government of India recently liberalised its policy on foreign investment in the insurance sector, permitting foreign direct investment up to 49% of the paid-up capital of an Indian insurance company under the automatic route.
India
18 May 2016
20
Regulatory Updates - Insurance Law Insights, Vol 1 | April 2016
Late last year, the IRDAI had released an exposure draft on regulations governing the establishment and operation of the proposed Indian branch of the Lloyd's of London.
India
17 May 2016
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