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
JUST & EQUITABLE STANDARD & CYRUS MISTRY JURISPRUDENCE
Read Article →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
Read Article →Rectification of Register of Members (Section 59): Remedying Fraudulent Share Transfers, Transmission Disputes & Deprivation of Voting Rights
REMEDYING FRAUDULENT SHARE TRANSFERS & VOTE DEPRIVATION
Read Article →Class Action Suits (Section 245): Collective Shareholder Remedies Against Management, Auditors, and Advisory Consultants for Ultra Vires Acts
COLLECTIVE REMEDIES AGAINST MANAGEMENT & AUDITORS
Read Article →Exit Mechanisms in Closely-Held Companies: Quasi-Partnership Doctrine (Ebrahimi Principle), Minority Squeeze-Outs & Fair Value Share Buyouts
QUASI-PARTNERSHIP DOCTRINE & FAIR VALUE BUYOUTS
Read Article →Removal & Disqualification of Directors (Sections 164-169): DIN Deactivation, Section 167 Vacation of Office & Challenging Illegal Ousters
DIN DEACTIVATION, SECTION 167 VACATION & ILLEGAL OUSTERS
Read Article →Breach of Fiduciary Duties (Section 166): Director Personal Liability, Conflict of Interest, Corporate Opportunity Diversion & Disgorgement of Profits
DIRECTOR PERSONAL LIABILITY & DISGORGEMENT OF PROFITS
Read Article →Inquiries, Inspections & Investigations (Sections 206-213): Managing ROC Summons, Responding to Inquiries & Navigating SFIO Serious Fraud Investigations
ROC SUMMONS, INQUIRIES & SFIO FRAUD PROBES
Read Article →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
Read Article →Piercing the Corporate Veil in Commercial Litigation: Fraud, Group Companies, Alter Ego Doctrines & Holding Parent Companies Accountable
FRAUD, GROUP COMPANIES & PARENT ACCOUNTABILITY
Read Article →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
Read Article →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
Read Article →Section 14 Moratorium Tactics: Scope, Impact on Pending Arbitrations, High Court Writs & Director Personal Guarantees under IBC
SCOPE, PENDING PROCEEDINGS & PERSONAL GUARANTEES
Read Article →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
Read Article →Avoidance Transactions & Personal Liability (Sections 43-66 IBC): Preferential, Undervalued, Extortionate & Fraudulent Trading Actions against Ex-Promoters
PUFE ACTIONS & DIRECTOR PERSONAL RESTITUTION
Read Article →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
Read Article →Enforcing Shareholder Agreements & Joint Venture Contracts: Tag-Along/Drag-Along Clauses, ROFR, Deadlock Resolution & Repudiation Remedies
TAG-ALONG, ROFR, DEADLOCKS & REPUDIATION REMEDIES
Read Article →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
Read Article →Reduction of Share Capital under Section 66: Buybacks vs. Capital Reduction, Creditor Consent Requirements & NCLT Sanction Roadmap
BUYBACKS VS CAPITAL REDUCTION & CREDITOR CONSENT ROADMAP
Read Article →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
Read Article →Arbitrability of Corporate Disputes: NCLT Jurisdiction vs. Arbitral Tribunals, Vidya Drolia Framework & Bifurcation of Oppression Claims
NCLT JURISDICTION VS ARBITRAL TRIBUNALS (VIDYA DROLIA)
Read Article →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
Read Article →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
Read Article →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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