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Benami Transactions (Prohibition) Act - A Study in Comparison


By Barnik Ghosh and Sreya Bhar

In a further crackdown on the parallel economy that has affected the Indian economy adversely, the Central Board for Direct Taxes (CBDT) on November 1, 2016 has notified the Benami Transactions (Prohibition) Amendment Act, 2016 (Amendment Act).  The Amendment Act brings within its purview ...

Stamp duty payable on scheme of Amalgamation


By Prashanth Shivadass
 
A recent Bombay High Court judgement [ see end note 1] sparked a debate amidst corporate lawyers on the issue of stamp duty payable on the order sanctioning the scheme of amalgamation where the transferor and transferee companies have registered offices in two different States in India.
 
Consi...

Corporate Governance issues in Compensation Arrangements: Analysis of SEBI’s Consultative Paper

By Prarthana Baranwal

Background

Last year, the Securities and Exchange Board of India (“SEBI”) introduced the Listing Obligations and Disclosure Requirements Regulations, 2015 (“Regulations”). These Regulations were brought in to provide for a consolidated flow of disclosures and listing o...

A primer on e-commerce business and related laws in India


By Venkata Raghavan

E-commerce, in recent times, has mushroomed and has now touched all forms of business transactions in the country. Due to the ease, safety, security and convenience provided by electronic payment systems, E-wallets or mobile wallets have taken over the traditional system of payments.

The latest Consolidated Fore...

Real Estate (Regulation and Development) Act, 2016 – A Comment

By Anup Koushik Karavadi

The land-population disparity heralded great demand in the real estate sector in India. This demand clubbed with the dearth of a proper vigilance mechanism ramified the real estate sector into a money minting ground.

Conscious of the growing need to regulate the real estate sector and regulated private participatio...

Agreement in Restraint of Legal Proceedings – Is your Bank Guarantee valid?


By Sudish Sharma & Nikhil Singal

The original text of Section 28 of the Indian Contract Act, 1872, which voids agreements made (or containing clauses) in restraint of legal proceedings, has been subject to many amendments over the years. In fact, in 1997, the original Section 28 was replaced with a new one, after taking into consideration the...

Corporate Insolvency Procedure – A Comment


By Anup Koushik Karavadi

Background and need

From the Justice Eradi Committee report of 1999 to the Department of Financial Services’ indicator of October 2015, the pendency of winding-up cases in India has been piling up to reach an alarmingly high level of backlog [see end note 1]. The World Bank h...

Alternative Remedy for Imported Coal Price Escalation

By Radhika Sankaran

Of all the available sources of power generation like coal, nuclear, hydro, natural gas, and the renewable energy sources like solar, wind etc., coal continues to be the major and cost effective source of power generation in India, contributing to 70% of the country’s power requirements [End Note 1] Coal utilised for the power generation...

Amalgamation – Distinction between an instrument and instrument amounting to conveyance


By Puneeth Ganapathy

In its recent judgment in Chief Controlling Revenue Authority v. Reliance Industries Ltd., Bombay High Court has taken the view that stamp duty is payable on a High Court (‘HC’) order sanctioning a scheme of merger/reconstruction (‘scheme’), as an instrument of ‘conveyance’. The bench of three judges of the...

SEBI’s Bright Line Tests for ‘Control’ - An Analysis

By  Prarthna Baranwal

Background

The idea of corporate control has been subject to a longstanding debate in India and elsewhere. A fluid concept such as ‘control’ is a term of wide connotation and, by its very nature, is not amenable to any precise standard definition of general application. What constitut...

Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 – A Comment

By  Anup Koushik Karavadi

Introduction:

The justice delivery system of our country can be excruciatingly slow. In commercial disputes, time is of the essence and delays can derail the entire remedy and relief and undermines business confidence in Indians as well as those interested in investing in India. ...

Conciliation for settling family disputes

By  Barnik Ghosh

Introduction

Globally, alternative dispute resolution is slowly, but steadily becoming the preferred mode for settling disputes. Many corporates including large business conglomerates are seriously evaluating the merits of  mediation and conciliatory procedures to avoid lengthy, and expensive lit...

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