NCLT & NCLAT – The legal battle & the constitutional validity

Introduction of NCLT & NCLAT The first Act to govern all the companies in India was enacted in the year 1913. It gave exclusive jurisdiction to the High Courts and district courts to deal with all the Company matters. After independence, the legislators felt the need for a new law to govern the companies as […]

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A Report on E-Commerce Retail Trading in India

A. INTRODUCTION: Currently, there is no concurrent definition of E-commerce other than the one provided by the FDI Policy[1], which states that: “E-commerce activities refer to the activity of buying and selling by a company through the E-commerce platform”. The definition of E-commerce makes it clear that any buy / sale transactions would be covered. But […]

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Article 19 of the Indian Constitution

A. ARTICLE 19: Protection of certain rights regarding freedom of speech etc: 1. All citizens shall have the right a) To freedom of speech and expression; b) To assemble peaceably and without arms; c) To form associations or unions; d) To move freely throughout the territory of India; e) To reside and settle in any […]

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Article 18 of the Indian Constitution

A. ARTICLE 18 OF THE INDIAN CONSTITUTION: 1. Abolition of titles: (1) No title, not being a military or academic distinction, shall be conferred by the State. (2) No citizen of India shall accept any title from any foreign State. (3) No person who is not a citizen of India shall, while he holds any […]

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Article 17 of the Constitution

A. ARTICLE 17 OF THE INDIAN CONSTITUTION: Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law. Explanation: Untouchability is neither defined in the Constitution nor in the Act. It refers to a social practice which […]

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Article 16 of the Indian Constitution

A. ARTICLE 16 OF THE INDIAN CONSTITUTION: Article 16 of the Constitution of India, talks about the right of equal opportunity in the matters of public employment. It states that: 1. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State, 2. No […]

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Article 15 of the Indian Constitution

A. ARTICLE 15 OF THE INDIAN CONSTITUTION: Article 15 of the Constitution of India, 1949 states that: 1. “The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. 2. No citizen shall, on grounds only of religion, race, caste, sex, place of […]

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Article 14 -“Right to Equality”

A. ARTICLE 14- RIGHT TO EQUALITY: The Constitution of India codifies the fundamental rights- the basic human rights of its citizens which are defined in Part III of the Constitution. One such right is the right to equality which is protected under articles 14 to 18. Article 14 is the most significant of the lot. […]

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Rupee denominated bond / masala bond: substitute funding route for Indian corporates

A. INTRODUCTION Masala Bond (defined below) is a rupee denominated bond issued by certain Indian entities to the international investors to raise funds in international market. These Masala Bonds are offered to foreign investors who are interested in investing in India. These bonds favors the borrowers as the exchange risk rate is shifted to investors and […]

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Legality of Gold Deposit Scheme/Gold Saving Scheme Under the Companies Act, 2013

A. INTRODUCTION: Many of the gold savings schemes offered by the jewellers, are facing closure after the commencement of Companies (Acceptance of Deposit) Rules, 2014, which came into force from 1 April 2014. In this Article we have discussed the legal aspects of such schemes and under what circumstances can such schemes be considered legal. B. DIFFERENT […]

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