From Our Desk

Legal Insights & Articles

Practical reading on RERA, property, civil, criminal, family, tax, and the other areas we practise in.

Oppression & Mismanagement under Section 241-242: The Just and Equitable Standard, Shareholder Dilution & Cyrus Mistry Jurisprudence
Company & Corporate Matters

Oppression & Mismanagement under Section 241-242: The Just and Equitable Standard, Shareholder Dilution & Cyrus Mistry Jurisprudence

JUST & EQUITABLE STANDARD & CYRUS MISTRY JURISPRUDENCE

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Meeting the Threshold under Section 244: The 10% / 100 Member Rule, Waiver Applications & Defending Against Threshold Objections
Company & Corporate Matters

Meeting the Threshold under Section 244: The 10% / 100 Member Rule, Waiver Applications & Defending Against Threshold Objections

THE 10%/100 MEMBER RULE & DEFENDING WAIVER OBJECTIONS

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Rectification of Register of Members (Section 59): Remedying Fraudulent Share Transfers, Transmission Disputes & Deprivation of Voting Rights
Company & Corporate Matters

Rectification of Register of Members (Section 59): Remedying Fraudulent Share Transfers, Transmission Disputes & Deprivation of Voting Rights

REMEDYING FRAUDULENT SHARE TRANSFERS & VOTE DEPRIVATION

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Class Action Suits (Section 245): Collective Shareholder Remedies Against Management, Auditors, and Advisory Consultants for Ultra Vires Acts
Company & Corporate Matters

Class Action Suits (Section 245): Collective Shareholder Remedies Against Management, Auditors, and Advisory Consultants for Ultra Vires Acts

COLLECTIVE REMEDIES AGAINST MANAGEMENT & AUDITORS

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Exit Mechanisms in Closely-Held Companies: Quasi-Partnership Doctrine (Ebrahimi Principle), Minority Squeeze-Outs & Fair Value Share Buyouts
Company & Corporate Matters

Exit Mechanisms in Closely-Held Companies: Quasi-Partnership Doctrine (Ebrahimi Principle), Minority Squeeze-Outs & Fair Value Share Buyouts

QUASI-PARTNERSHIP DOCTRINE & FAIR VALUE BUYOUTS

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Removal & Disqualification of Directors (Sections 164-169): DIN Deactivation, Section 167 Vacation of Office & Challenging Illegal Ousters
Company & Corporate Matters

Removal & Disqualification of Directors (Sections 164-169): DIN Deactivation, Section 167 Vacation of Office & Challenging Illegal Ousters

DIN DEACTIVATION, SECTION 167 VACATION & ILLEGAL OUSTERS

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Breach of Fiduciary Duties (Section 166): Director Personal Liability, Conflict of Interest, Corporate Opportunity Diversion & Disgorgement of Profits
Company & Corporate Matters

Breach of Fiduciary Duties (Section 166): Director Personal Liability, Conflict of Interest, Corporate Opportunity Diversion & Disgorgement of Profits

DIRECTOR PERSONAL LIABILITY & DISGORGEMENT OF PROFITS

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Inquiries, Inspections & Investigations (Sections 206-213): Managing ROC Summons, Responding to Inquiries & Navigating SFIO Serious Fraud Investigations
Company & Corporate Matters

Inquiries, Inspections & Investigations (Sections 206-213): Managing ROC Summons, Responding to Inquiries & Navigating SFIO Serious Fraud Investigations

ROC SUMMONS, INQUIRIES & SFIO FRAUD PROBES

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Compounding of Corporate Offenses (Section 441): Categorizing Compoundable vs. Non-Compoundable Breaches, NCLT/RD Procedures & Immunity from Criminal Prosecution
Company & Corporate Matters

Compounding of Corporate Offenses (Section 441): Categorizing Compoundable vs. Non-Compoundable Breaches, NCLT/RD Procedures & Immunity from Criminal Prosecution

COMPOUNDABLE VS NON-COMPOUNDABLE BREACHES & PROSECUTION IMMUNITY

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Piercing the Corporate Veil in Commercial Litigation: Fraud, Group Companies, Alter Ego Doctrines & Holding Parent Companies Accountable
Company & Corporate Matters

Piercing the Corporate Veil in Commercial Litigation: Fraud, Group Companies, Alter Ego Doctrines & Holding Parent Companies Accountable

FRAUD, GROUP COMPANIES & PARENT ACCOUNTABILITY

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Section 7 IBC Petitions by Financial Creditors: Threshold Rules (Homebuyers vs. Financial Debt), Establishing Default & Resisting CIRP Admission at NCLT
Company & Corporate Matters

Section 7 IBC Petitions by Financial Creditors: Threshold Rules (Homebuyers vs. Financial Debt), Establishing Default & Resisting CIRP Admission at NCLT

ESTABLISHING DEFAULT & RESISTING CIRP ADMISSION

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Section 9 Operational Creditor Playbook: Demand Notices (Section 8), Pre-Existing Disputes (Mobilox Standard) & Corporate Debtor Defense Tactics
Company & Corporate Matters

Section 9 Operational Creditor Playbook: Demand Notices (Section 8), Pre-Existing Disputes (Mobilox Standard) & Corporate Debtor Defense Tactics

DEMAND NOTICES, PRE-EXISTING DISPUTES & DEBTOR DEFENSES

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Section 14 Moratorium Tactics: Scope, Impact on Pending Arbitrations, High Court Writs & Director Personal Guarantees under IBC
Company & Corporate Matters

Section 14 Moratorium Tactics: Scope, Impact on Pending Arbitrations, High Court Writs & Director Personal Guarantees under IBC

SCOPE, PENDING PROCEEDINGS & PERSONAL GUARANTEES

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Committee of Creditors (CoC) Voting and Commercial Wisdom: Section 30(4) Thresholds, Dissenting Creditor Protections (Section 53 Liquidation Waterfall) & Judicial Review Limits
Company & Corporate Matters

Committee of Creditors (CoC) Voting and Commercial Wisdom: Section 30(4) Thresholds, Dissenting Creditor Protections (Section 53 Liquidation Waterfall) & Judicial Review Limits

VOTING THRESHOLDS, DISSENTING CREDITORS & WATERFALL EQUITY

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Avoidance Transactions & Personal Liability (Sections 43-66 IBC): Preferential, Undervalued, Extortionate & Fraudulent Trading Actions against Ex-Promoters
Company & Corporate Matters

Avoidance Transactions & Personal Liability (Sections 43-66 IBC): Preferential, Undervalued, Extortionate & Fraudulent Trading Actions against Ex-Promoters

PUFE ACTIONS & DIRECTOR PERSONAL RESTITUTION

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Schemes of Arrangement & Mergers under Sections 230-232: Fast-Track Mergers, Creditor/Member Approvals, Valuation Reports & NCLT Sanction Procedure
Company & Corporate Matters

Schemes of Arrangement & Mergers under Sections 230-232: Fast-Track Mergers, Creditor/Member Approvals, Valuation Reports & NCLT Sanction Procedure

FAST-TRACK MERGERS, VALUATIONS & NCLT SANCTION PROTOCOLS

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Enforcing Shareholder Agreements & Joint Venture Contracts: Tag-Along/Drag-Along Clauses, ROFR, Deadlock Resolution & Repudiation Remedies
Company & Corporate Matters

Enforcing Shareholder Agreements & Joint Venture Contracts: Tag-Along/Drag-Along Clauses, ROFR, Deadlock Resolution & Repudiation Remedies

TAG-ALONG, ROFR, DEADLOCKS & REPUDIATION REMEDIES

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Commercial Courts Act Litigation & Pre-Institution Mediation: Section 12A Mandate (Patil Automation Rule), Urgent Interim Relief Exceptions & Commercial Division Practice
Company & Corporate Matters

Commercial Courts Act Litigation & Pre-Institution Mediation: Section 12A Mandate (Patil Automation Rule), Urgent Interim Relief Exceptions & Commercial Division Practice

SECTION 12A MANDATE & COMMERCIAL DIVISION PRACTICE

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Reduction of Share Capital under Section 66: Buybacks vs. Capital Reduction, Creditor Consent Requirements & NCLT Sanction Roadmap
Company & Corporate Matters

Reduction of Share Capital under Section 66: Buybacks vs. Capital Reduction, Creditor Consent Requirements & NCLT Sanction Roadmap

BUYBACKS VS CAPITAL REDUCTION & CREDITOR CONSENT ROADMAP

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Pre-Arbitral Interim Injunctions under Section 9 Arbitration Act: Asset Freezing, Securing Contractual Sums & Invoking Commercial Court Jurisdiction
Company & Corporate Matters

Pre-Arbitral Interim Injunctions under Section 9 Arbitration Act: Asset Freezing, Securing Contractual Sums & Invoking Commercial Court Jurisdiction

ASSET FREEZING, SECURING DISPUTED SUMS & COURT POWERS

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Arbitrability of Corporate Disputes: NCLT Jurisdiction vs. Arbitral Tribunals, Vidya Drolia Framework & Bifurcation of Oppression Claims
Company & Corporate Matters

Arbitrability of Corporate Disputes: NCLT Jurisdiction vs. Arbitral Tribunals, Vidya Drolia Framework & Bifurcation of Oppression Claims

NCLT JURISDICTION VS ARBITRAL TRIBUNALS (VIDYA DROLIA)

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Appealing NCLT Orders to NCLAT under Section 421 & Section 61 IBC: Limitation Traps, Pre-Deposit Mandates & Supreme Court Appeals under Section 62
Company & Corporate Matters

Appealing NCLT Orders to NCLAT under Section 421 & Section 61 IBC: Limitation Traps, Pre-Deposit Mandates & Supreme Court Appeals under Section 62

LIMITATION TRAPS, PRE-DEPOSIT & SUPREME COURT APPEALS

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High Court Writ Jurisdiction in Company Matters: Bypassing Section 430 Civil Court Injunction Bars via Article 226/227 Petitions for Fundamental Rights Violations
Company & Corporate Matters

High Court Writ Jurisdiction in Company Matters: Bypassing Section 430 Civil Court Injunction Bars via Article 226/227 Petitions for Fundamental Rights Violations

BYPASSING SECTION 430 BARS VIA ARTICLE 226/227 PETITIONS

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Corporate Settlement Agreements & Consent Decrees: Drafting Bulletproof Share Transfers, Clean-Slate Exits & Enforcing Consent Terms under Rule 84 NCLT Rules
Company & Corporate Matters

Corporate Settlement Agreements & Consent Decrees: Drafting Bulletproof Share Transfers, Clean-Slate Exits & Enforcing Consent Terms under Rule 84 NCLT Rules

DRAFTING BULLETPROOF SETTLEMENTS & CLEAN-SLATE EXITS

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