Share Based Employee Benefits – Should Employees Accept the Same?
Share Based Employee Benefits are different types of options and schemes framed by companies for the benefit of their employees which involve dealing in shares of the company, directly or indirectly (“Plans”). 1 This is a benefit wherein rights and benefits linked directly or indirectly to shares are offered to the directors, officers or employees […]
Scope of Judicial Review in Awarding of Tenders
One of the most common methods for the procurement of goods and services by the public authorities in India is through the tendering process. This is mainly because the public authorities, being instrumentalities of the state, do not enjoy absolute freedom in such procurement and have to maintain a strict level of transparency as expenditure […]
Supreme Court Enunciates the Guidelines for Ordering ‘Stay On Arrest’ and/or ‘No Coercive Steps’ in Quashing Petitions U/s 482 Cr.P.C.
IntroductionThe scope and ambit of the powers of the High Courts under Section 482 Cr.P.C. has been a subject matter of interpretation in a catena of judgments of the Supreme Court. The power granted under the said provision casts a onerous duty upon the High Courts to simultaneously perform a twofold function, that is, to […]
Protective Measures Against Recovery Proceedings
IntroductionThe brunt of the global pandemic has been suffered by all business entities irrespective of their size or market share. Though the hardships have been suffered by all, it would not be farfetched to say that the deepest impact was felt by borrowers/debtors (especially corporate borrowers) that were inherently staring at liquidity crises and a […]
Overseas Arbitration Opens for India
Supreme Court de-clutters the Implications of Two Indian Parties choosing a Foreign Law and a Foreign Seated Arbitration Mechanism. IntroductionIn what can be seen as a big push to party autonomy in Arbitration agreements, a three-Judge Bench of the Supreme Court of India, speaking through Justice R.F. Nariman in PASL Wind Solutions vs. GE Power […]
Non-Compliance of Section 65B – Effects and Ramifications
One of the most controvertible issues in the area of admissibility of evidence is the compliance of the mandate under Section 65B(4) relating to the production of electronic evidence as secondary evidence. The said provision stipulates that electronic evidence must be accompanied with a certificate in the format specified therein. The provision has been the […]
Model Tenancy Act, 2021 gets Approved by The Cabinet – Key Features
The Union Cabinet chaired by Prime Minister Narendra Modi approved the Model Tenancy Act (MTA) on June 02, 2021, a move that is likely to refurbish the legal framework concerning rental housing across the country. Under MTA, both the States as well as the Union Territories can adopt the law either by enacting fresh legislation […]
Filing of Certified Copy of Decree not Mandatory in an Execution Application
IntroductionThe tool of interpretation has once again come to the aid of the litigants from being smothered by the chains of the procedural law, when the highest court of law in the country held in the case of Sir Sobha Singh & Sons Pvt. Ltd. v. Shashi Mohan Kapur (deceased) through L.R. 1 , that […]
Fate of MSME’s in the New Normal
The year 2020 saw unprecedented disruptions to lives and livelihood all across the world and India was no exception. India’s economy shrank 7.5 percent in the three months that ended in September 2020 compared with a year earlier. This firmly ensconced India’s position among the world’s worst- performing major economies, despite expansive government spending designed […]
Evolution of Arbitration
Rapid globalization of the economy, modernization and improvement of socio-economic circumstances has led to an increase in commercial disputes. In many parts of India, there is visible increase in cases for already overburdened courts. In such a scenario there was a need for a mechanism for Alternative Dispute Resolution (ADR). The essence of ADR was […]