Articles

16th Jul, 2013

Termination of service, if amounts to Retrenchment

Whether termination of services on the expiry of the contract period would amount to retrenchment within the meaning of Section 2(oo) of the Industrial Disputes Act, 1948
15th Jul, 2013

Government Servant is not a consumer under the Consumer Protection Act, 1986 for the purposes of claims pertaining to retiring benefits

Whether Government Servant fall under the definition of a “consumer” and thus entitled to claim his retiral benefits due under his service conditions and regulations. The Apex Court answered NO, as the government servant for […]
15th Jul, 2013

Restriction on Transfer of Shares not listed in the Stock Exchange

The Apex Court in the matter of Bhagwati Developers Private Limited settled a controversy regarding application of Securities Contracts (Regulation) Act, 1956 (hereinafter referred to as Regulation Act) to the transfer of shares of a […]
1st Jul, 2013

Third Party Administrators (TPA) are not Dominant Players

The Competition Commission of India (CCI) held that the requirement of routing transactions through Third Party Administrators (TPAs) does not result in TPA becoming dominant vis-a-vis a policy holder
1st Jul, 2013

Rule of Criminal liability against vicarious liability – Under Section 138 of the Negotiable Instruments Act

Rule of Criminal liability against vicarious liability  – Under Section 138 of the Negotiable Instruments Act, 1881 it is only drawer of the cheque who can be prosecuted  
11th Jun, 2013

Real Estate Bill, 2013

What the Real Estate Bill, 2013 aims at
24th May, 2013

Tax Liability in reference to ESOP for an Expatriate Employee

Tax liability in reference to ESOP requisite in the case of an expatriate employee would be in proportion to length of his service rendered
13th May, 2013

Do not fall prey to one-sided Builder Agreements #indianlaws

Small Consumers not to fall prey to one-sided Builder Agreements containing Arbitration Clause 
10th May, 2013

The terms of tender/guidelines, being in the realm of contract, cannot be open to judicial scrutiny

Government is free to enter into any contract with citizens, The Court may interfere only where the Government Acts arbitrarily or contrary to public interest.
10th May, 2013

Arbitration Clause in a contract is an agreement independent of other terms of the contract

While considering any objection with regard to the existence or validity of the arbitration agreement, the arbitration clause forming part of the contract, has to be treated as an agreement independent of other terms of […]
8th May, 2013

Mere Floating of the Tender does not amount to entering into an Agreement

Mere Floating of the Tender does not amount to entering into an Agreement
8th May, 2013

CLB can compound certain offences under Companies Act, 1956, without permission from Court

Company Law Board if so approached can compound offences and in such case no prior permission of the Court is necessary