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[By Saket Agarwal] The author is a student of National Law University, Jodhpur Abstract Oppression and mismanagement has been provided under Section 241 of the Companies Act, 2013.[1] Oppression is an act which lacks probity and fair dealing to a member and is burdensome, harsh and wrongful.[2] Mismanagement comes into play when there is a mismanagement or apprehension of mismanagement of the affairs of the company.[3] The section...
[By Himani Singh] The author is an Advocate enrolled at Bar Council of Maharashtra and Goa Introduction ‘Non-banking Financial Companies’ (NBFCs) are financial institutions registered under the Companies Act, 1956(now Companies Act, 2013) and may engage in businesses such as loans and advances, acquisition of marketable securities, leasing, hire-purchase, insurance etc. To operate as an NBFC, the company must also have a valid registration under Section 45-IA of...
[By Sikander Hyaat Khan and Parina Muchhala] Sikander Hyaat Khan (4th year) and Parina Muchhala (2nd year) are students of Maharashtra National Law University Mumbai Transparency has assumed an important position in the contemporary international arbitration dynamic. A major aspect of transparency in international arbitration regime is that of third party or amicus submissions. This holds true even more in the realm of investment arbitration, where there is...
[By Aditya Anand] The author is a Third Year student at NLU, Delhi. He can be reached at aditya.anand16@nludelhi.ac.in Towards the end of 2017, Reuters published a news report[i] in which it claimed that three days before Dr Reddy’s Laboratories Ltd announced quarterly results, a message was circulated on the popular social media platform, ‘WhatsApp’, stating that the company would be reporting a loss which in time proved...
[By Rohan Kohli] The author is a 5th year student of NLIU Bhopal and the Co-convenor of CBCL. The Indian corporate story that took off in the 1991 liberalisation reforms to its success today has had a great part to thank the paradigm shift in the Indian regulatory behaviour. From the License-Raj era protectionist and red-tape bureaucracy to today’s times where the regulators actively engage in consultations with stakeholders, the...
[By Suvam Kumar & Harsha Menon ] The authors are Second and First-year students respectively, of NLU Jodhpur. Introduction: With the advent of globalization and boom in India’s economy, as ease of doing business has escalated to a great rank, it is very much imperative to have an efficient regime governing the corporate affairs. Keeping the abovementioned view in mind, the Companies Act, 2013 [“Act”] was enacted to ensure reliability...
[Pradyumna Yadav] The author is a 2nd year student of UPES, Dehradun. Introduction Sporting Regulatory Authorities or SRAs are established in India with a primary objective of controlling, promoting, regulating and selecting teams for their specific sports. Amongst all SRAs, the most prominent one is Board of Control for Cricket in India or BCCI, a society registered under Tamil Nadu Society Registration Act, 1975 and established for the...
[Jayesh Karnawat] The author is a 3rd year student of NLU, Jodhpur. Introduction The doctrine of piercing of corporate veil, whether forward or reverse, is an exception brought about to achieve the ends of justice and fairness. Corporates were given their status of separate entities to serve the ends of justice and not subvert them. However, the courts have time and again adopted the alter ego doctrine to...