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Corporate Law

Liability of Directors and Shareholders in West Bengal

Introduction: Meaning of Director: A Director is one who deals with the affairs of the company. He is one of the members of the governing board of the company or corporation. He is the head of the company or corporation who is elected or appointed by other competent members of the organization. Directors have powers […]

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Corporate Law

How to Make a Legally Valid Non Disclosure Agreement (NDA) in West Bengal and Kolkata

Introduction: A non-disclosure agreement is a legal contract made between two or more parties to keep confidential information between them and not to disclose it to the third party. The parties to the contract have no rights to disclose the confidential information to anyone and if any one of the parties to the contract discloses […]

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Corporate Law

Memorandum of Association and Ultra Vires clauses under Companies Act 2013

Introduction: The above-mentioned topic which is discussed below has great importance for the individuals who are willing to form a company under the Companies Act, 2013. This article discusses the Memorandum of Association and Ultra Vires clauses under the Companies Act, 2013. Memorandum of Association means a legal document of the company which contains specific […]

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Consumer Law Corporate Law Tech Law

Age of Coronavirus and Video Conferencing in Courts of India

Introduction: The lockdown in the country has put many things on hold such as industries, companies, government and private institutions and government offices and so on. These are locked down due to Coronavirus or COVID-19, which is spreading across the country as well as around the world. Our government has adopted many ways to protect […]

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Corporate Law

Ministry of Corporate Affairs sets up INC-29 for easy business setup in India

Setting up a business in India is set to become simpler and easier in the coming years as the government has already set up several measures to reduce the time required to set up business in India. To get things done electronically, the company must first apply to get a digital signature certificate (DSC) from […]

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Corporate Law Investment Law

Ease of Doing Business in India Improving

India is one of the fastest growing economies in the world and by 2016-17 it will be the biggest economy in the world. India’s growth rate is destined to touch 8% by 2016-17. Further, by 2050, it is believed India will overtake all countries in its Purchasing Power Parity (PPP). However, doing business in India […]

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Consumer Law Corporate Law Criminal Law

Necessary to Exhaust other Efficacious Remedy Before Filing Writ Petition

Efficacious remedy implies a form of relief that can be obtained at a different forum from the current forum. It is generally necessary to exhaust other efficacious remedy before filing writ petition because the inherent powers of the High Courts to issue prerogative writs or order in terms of Article 226 of the Constitution is […]

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Consumer Law Corporate Law Investment Law

Oral Evidence in Enforcement of Arbitral Award

Si-Al Bioenergie vs Sbec Systems Citation: AIR 2005 Delhi 95 Facts of the Case The facts of the case were that the decree holder (Si-Al Bioenergie) sought to enforce an arbitral award under Sections 48 and 34 of the Arbitration & Conciliation Act, 1996. However, the judgment debtor (Sbec Systems) applied to set aside and […]

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Corporate Law Investment Law

Section 42 of Arbitration and Conciliation Act, 1996 and the Uncertainties about Jurisdiction

The complexities surrounding arbitration in India and the clouded arbitration legislation as an oft-judicially-interpreted Act in India is nothing new. To the ones initiated, the Arbitration and Conciliation Act (the Act) in India has undergone modifications since pre-Independence days. However, till date, the prevalent Act can still be regarded as one of the most highly […]

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Corporate Law

Incorporating Limited Liability Partnership (LLP) in India

The introduction of Limited liability Partnership (LLP) in India has created a huge difference in how corporate bodies are structured, run and taxed in this country. Traditionally speaking, the corporate structures prevalent in India were incorporated companies, proprietorships or partnerships. Further, proprietorships and partnerships in India lacked business capital which created a hindrance to business […]

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Consumer Law Corporate Law Investment Law

Dimensions Of Online Arbitration In India

Abstract The rapid expansion of commercial transactions and globalization has given rise to spiraling growth in arbitration at the national as well as international stages. Arbitration is one of the modern techniques of alternative dispute resolution (ADR) that has gained a lot of prominence due to the freedom it offers to the disputants. Online Arbitration […]

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Corporate Law

Role of Due Diligence in Mergers and Acquisition

Introduction Ever since the Indian Economy opened itself to the foreign market after the economic liberalization reforms of 1991, Mergers and Acquisitions have become a common phenomenon throughout India. In a highly competitive global environment, mergers and acquisitions have turned out to be one of the fastest strategic options for companies to gain competitive advantage. […]

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Corporate Law Investment Law

Status of the Coal Controller and its Functions vis-à-vis Coal Industry India

Coal Controller’s Organisation is a subordinate office under the administrative control of Department of Coal, Ministry of Coal, having its headquarters at Kolkata and five field offices located at Dhanbad, Ranchi, Bilaspur, Nagpur and Kothagudem with their jurisdiction as follows: Field Offices Jurisdiction Dhanbad Collieries under BCCL, TISCO (Jharia), IISCO, BECML, ICML, CML & PSEB […]

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Corporate Law

Validity and Legal Enforceability of Side Letters in India

Side Letters in India Side letters are commonly entered into by parties in commercial transactions. Side letters are ancillary to the main documents and parties generally enter into side letters to the main subject matter of the agreement. Side letters also help parties to finalize contingent terms that are yet to be decided or when […]