The second wave of COVID-19 has uncovered India’s lack of attentiveness and its basic medical infrastructure. Rather than treating patients back to good health, doctors are now forced to plead and scramble for critical drugs, vaccines and medical oxygen. As the government wheezes for air, the courts are forced to fireside fight on its behalf. Unless many of Indians are vaccinated speedily and swiftly, thousands of lives will still be lost every day. This crisis reinforces the importance of flexible global trade rules. Particularly important during this regard are rules linking ownership of in ..read more

CASE SUMMARY P.MOHANRAJ & ORS (APPELLANTS) VS M/S SHAH BROTHERS ISPAT PRIVATE LIMITED (RESPONDENTS) FACTS OF THE CASE Steel products were supplied by the Respondents to M/s Diamond Engineering Private limited (Appellants) as a result of which INR 24,20,91,054 were due and payable by the Appellants. Cheques were issued in favor of the Respondents which were returned dishonored due to insufficient funds. Respondents issued demand notice under Section 138 r.w. Section 141 of the Negotiable Instrument Act, 1881 (“NIA 1881”) against the company and its directors. No payments were made and c ..read more

The articles aims to provide it’s readers an understanding of the process for causing an amendment in the Articles of Association (“AOA“) of a company. AOA is one of the main document of a company which governs the internal rules and regulations of the management of the company. It is framed to carry out the objectives as set out in the Memorandum of Association (“MOA”) of the company. The articles of a company shall be in respective forms specified in Tables F, G, H, I and J in Schedule I as may be applicable to such company. Any company which intends to make any change to it’s AOA ..read more

Introduction “Rights Issue”, in very simple term means issue of shares by a company to its existing equity shareholders in proportion to their existing share holding. It is a mechanism through which a company can infuse fresh capital into its business. Any company – a private, public, listed or unlisted company can undertake a rights issue. The Rights shares are considered to be a type of “option” since they are in the nature of a right and do not act as an obligation for the shareholders of the company, to purchase additional shares in the company. Procedure for rights issue under Companies ..read more

In 1993, the Government of India enacted the “Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act” which prohibited the employment of manual scavengers for dry latrines and related concerns. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 was enacted, that prohibits construction or maintenance of insanitary latrines, and employment of any person for manual scavenging or hazardous cleaning of sewers and septic tanks Recently, The Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment) Bill, 2020 ..read more

Every lawyer is not always blessed with a stellar employment history that matches their career goals. While the first generation lawyers find it extremely difficult to set up their own law practice, there are many who find themselves with substantial employment gaps or a string of short-term work experiences dominating their resume. The reasons for resume gaps can be numerous, ranging from taking time off to raise families, providing care for an ailing relative, or overcoming a health condition of their own etc. However, long term gaps on resumes are often considered to have a detrimental impa ..read more

The Insolvency and Bankruptcy Code, 2016 (IBC) has been formulated for the purpose of rehabilitation and reconstruction of a corporate person. In the year 2018, IBC was amended and the definition of “Related Party” with respect to an individual under Section 5(24A) was introduced.  Before such amendment the IBC had defined the term “Related Party” only with respect to a corporate debtor under Section 5(24).   Who is a related party under the IBC? The definition of “Related Party” under the IBC is exhaustive in nature. A related party in terms of a corporate debtor is a person w ..read more

Introduction “Smart contracts” or “Self regulated contracts” are a modern way of executing contracts, even though they are undefined in India, presently. As the same suggests, they are digital contracts with an ability of self implementation, without the help of any intermediary. These contracts use “block chain technology” (which is a system of storing information in a way that makes it difficult or impossible to alter, hack, falsify or cheat) thereby eliminating the need of third parties to execute the “consideration” part of the contracts. Smart contracts are just like regular contrac ..read more

Introduction Section 3 of Companies Act 2013 (Act) entails the basic requirements of formation of a company. A company, (whether a company limited by shares or a company limited by guarantee or an unlimited company) may be formed for any legal purpose by : a. 7 or more persons, in case of a Public Limited Company b. 2 or more persons, in case of a Private Limited Company c. 1 person, in case of One Person Company (“OPC”) by subscribing their names to a memorandum and complying with the requirements as mentioned under the Act. Requirements under formation of an OP ..read more

The legal profession is one of the most lucrative industries in today’s job market.The diverse nature of the legal system have created numerous career options that serve a variety of core and non core legal functions. There are plenty of great careers that we may have not noticed if we look around, and here is a list of 7 underrated yet lucrative careers in the field of law – Legal Design Service Provider The legal design service providers are professionals that devise methods of bridging the gaps between the lawyers and the common man.They provide complex information in a meaningful w ..read more