Mondaq India: Corporate/Commercial Law > Contracts and Commercial Law
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Damages as commonly understood, is compensation to a party to put it back in the same position in which it would have been, had the other party not committed a breach. But damages is not a means to unjust enrichment.
AZB & Partners
In a very welcome move, the Ministry of Corporate Affairs (‘MCA') has issued a circular on August 21, 2019 (‘Circular') clarifying that Section 232(6) of the Companies Act, 2013
Khaitan & Co
Following through on India's commitment to align its regulatory framework with the recommendations of the Financial Action Task Force, to check the misuse of multi-layered corporate entities for money laundering ...
Khaitan & Co
Under Indian law, shares of an unlisted company could hitherto either be held in physical form (i.e., represented by letters of allotment / share certificates issued against such shares) or in dematerialised form ...
Shardul Amarchand Mangaldas & Co
Recently in NTPC v. Voith Hydro Joint Venture, 2019 SCC Online Del 9014, the High Court of Delhi made certain important observations with respect to the scope and application of Section 56 of the Indian Contract Act, 1872 .
Vaish Associates Advocates
The Supreme Court of India in the case of Adani Power (Mundra) Limited v. Gujarat Electricity Regulatory Commission (decided on July 2, 2019) held that courts can imply terms in a contract only when literal interpretation fails, ...
Khurana and Khurana
Flipkart, one of the most trusted Ecommerce website recently ended up settling a legal dispute with an Indian health and fitness brand, GOQii as it was allegedly running into loses because its products were discounted up to 70% ...
Dezan Shira & Associates
A branch office does not have a separate legal entity and is subject to the law governing its parent office.
Obhan & Associates
ECBs are commercial loans raised by eligible resident entities from recognised non-resident entities which should always conform to the parameters prescribed by RBI such as minimum maturity...
VGC Law Firm
There have been a number of cases where the issue of rights of a creditor against a guarantor (corporate as well as individual) under the Insolvency and Bankruptcy Code, 2016 have been raised.
Khaitan & Co
In view of stakeholder comments and in order to provide a diverse source of funds, reduce stress and ease the liquidity crisis for corporates in certain sectors, the Reserve Bank of India has relaxed the restrictions relating to ...
Vaish Associates Advocates
The corporates by and large procure funding through equity, debt or a combination of both. The ECB deals with the debt branch of the funding wherein the corporates obtain funding from foreign body corporates.
S.S. Rana & Co. Advocates
Another main grievance of Amway was that the products being sold through E-commerce portals were reaching the customers in tampered conditions.
Obhan & Associates
Globally, private equity and venture capital funds have gained prominence as the dominant forms of investment in companies
Obhan & Associates
The theory of separability for arbitration agreements has been developed over time.
Dhaval Vussonji & Associates
In contrast, the definition of operational debt is exhaustive in nature to mean inter alia a claim in respect of the provision of goods or services including employment.
Obhan & Associates
Before applying for a company name in India, a stakeholder is required to ensure that the proposed name does not contain any word as prohibited under the Companies Act, 2013 read with the Companies Rules, 2014.
Khaitan & Co
It is now to be seen whether such discretion would be used positively or negatively by the Courts while deciding on the timeline to file a written statement in Transferred Commercial Suits.
Nishith Desai Associates
The employer-employee relationship is, and has always been, in a constant state of evolution. As the nature of this relationship evolves and changes
Nishith Desai Associates
A 2018 amendment to the Indian Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015
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VGC Law Firm
There have been some changes in the civil dispute resolution practice area through the Specific Relief (Amendment) Act, 2018 which has made some important amendments to the Specific Relief Act, 1963.
Khaitan & Co
The Hon'ble Supreme Court of India (Supreme Court) in its judgment, in M/s SCG Contracts India Pvt. Ltd. v. K.S. Chamankar Infrastructure Pvt. Ltd. & Ors. held that the failure to file written statements within the statutory time period ...
Dhaval Vussonji & Associates
In contrast, the definition of operational debt is exhaustive in nature to mean inter alia a claim in respect of the provision of goods or services including employment.
IndusLaw
The Specific Relief (Amendment) Act, 2018 (the "Amendment Act") amending the provisions of the Specific Relief Act, 1963 (the "Act") came into force on August 1, 2018.
Khaitan & Co
Under Indian law, shares of an unlisted company could hitherto either be held in physical form (i.e., represented by letters of allotment / share certificates issued against such shares) or in dematerialised form ...
Khaitan & Co
Following through on India's commitment to align its regulatory framework with the recommendations of the Financial Action Task Force, to check the misuse of multi-layered corporate entities for money laundering ...
Shardul Amarchand Mangaldas & Co
Recently in NTPC v. Voith Hydro Joint Venture, 2019 SCC Online Del 9014, the High Court of Delhi made certain important observations with respect to the scope and application of Section 56 of the Indian Contract Act, 1872 .
Dhaval Vussonji & Associates
Parties often mutually agree to subject their disputes in relation to a contract to a Court of their choice.
VGC Law Firm
There have been a number of cases where the issue of rights of a creditor against a guarantor (corporate as well as individual) under the Insolvency and Bankruptcy Code, 2016 have been raised.
Khurana and Khurana
A promise is essentially an offer or a proposal, made by a person or an entity, towards another.
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