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Corporate litigation
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Corporate litigation, legal advice, corporate attorneys, corporate lawyer, business law, corporate law, law, attorneys, legal, lawyer
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Law
Functional Area : Business Processes |
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About "Corporate litigation" topic:
Brainstorm on Corporate litigation, legal advice, corporate attorneys, corporate lawyer, business law, corporate law, law, attorneys, legal, lawyer
4 insight
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on topic: "Corporate litigation"
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In order to reduce the delay in courts and in the process of traditional adjudication mechanism, the Alternative Disposal Mechanism (ADR) was mooted. The dispute resolution through Conciliation, Arbitration and Mediation etc., is regarded as alternative mechanism to resolve the disputes between or among the parties in a defined legal relationship. The dispute resolution through Arbitration has occupied great significance in India in the recent past though it was successfully practiced in the developed nations like United States etc. The Arbitration and Conciliation Act, 1996 replacing the earlier act of 1940, governs the issue of dispute resolution through Arbitration. Any dispute a...
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santhanamvelayutham
| Commented
| 2 years ago
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arbitrater appointed must be copetent enough to decide on issues should be unboised
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motty john
| Commented
| 2 years ago
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Mr.Rao,Good attempt, Regarding the first part of your article,I think you haven't clarified the following aspects. Whether winding up petition can be initiated by a secured creditor against a debtor company after having availed some benifits u/s 9...
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Insight: "Law of Arbitration – Company matters?" deleted from your view.
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Yes
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No
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Ashfaq Shaikh
| Argues in support of
"Yes"
| 2 years ago
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The fee hike is justified, because two classes of people are different. Like Taxation scheme the higher income groups are different than lower income groups. However at the same time the Court fees for poor/middle class litigants should be...
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Venkitasubramoniam T.R. T.R.
| Argues in support of
"No"
| 3 years ago
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I don't support the view because discriminating two classes of people is not justified and is against the constitutional scheme of things. Further, in Indian beauracratic culture taking action for flimsy grounds against companies is a rule rather...
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Sudarshan
| Argues in support of
"Yes"
| 3 years ago
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I Agree. Litigation in India is a Luxury. The Common Man should be spared and there should be differential treatment of the Corporate Bodies and the Common Man
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Debate: "Is fee hike justified for corporate litigation in Supreme court?" deleted from your view.
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Unless there is an express bar under law and when there is an arbitration agreement either express or implied, a dispute between or among the parties can be referred to an Arbitrator or panel of Arbitrators as specifically agreed to. As everybody knows, Alternative Dispute Resolution Mechanism is mooted to reduce the burden in traditional courts and for providing a speedy relief to the parties. Arbitration and Conciliation Act, 1940 was repealed and Arbitration and Conciliation Act, 1996 was enacted with certain changes and improvements. Few important points, in simplest form, concerning the Arbitration Mechanism, are as follows: When there is an agreement between or among the parties, the ...
Insight: "Is Arbitration Mechanism useful in getting a corporate dispute resolved?" deleted from your view.
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Many in this country including the corporates are closely watching the IPL controversy and it had led Mr.Shari Tharoor to submit his resignation. There are many interesting issues in the entire episode and I want to highlight few issues as a classic example of complications in dealing with corporate issues. Any irregularity in a company may be dealwith by the Central Government, Company Law Board, Company Court and SEBI if the Company is a listed Company. We rarely see the Central Government suo muto initiating proceedings against a Company and normally the misdeeds in a Company are questioned before the Company Law Board, Company Court and SEBI when the Company is a listed Company. The iss...
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santosh lakshmi vempaty
| Commented
| 1 year ago
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This is a very good summarized version of the IPL controversy. I have had an enlightening knowledge of the complications of corporate disputes. There is a urgent need to need to redefine the terminology under company law so that there may not be...
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Insight: "IPL issue - a classic case of example in dealing with corporate issues?" deleted from your view.
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CCH India is organizing a seminar which is a must attend for the risk, comlpiance & legal professionals. With some esteemed speakers, it's a good plateform for knowledge sharing.The event is on 24th of september at Hotel Eros intercontinenatl.Interested can contact me on karan.gandhi@wolterskluwer.com
Insight: "LEGAL & COMPLIANCE IMPLICATION OF CORPORATE FRAUD" deleted from your view.
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NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE MOBILE.09325226691, 09271971251 e.mail.adv.nbsawant@yahoo.co.in e.mail.nandkumarbs@sify.com REGARDING THE DISHONOUR OF CHEQUES AND FALSE CRIMINAL CASES FILED AGAINST ACCUSED UNDER NEGOTIABLE INSTRUMENTS ACT.SEC.138 KINDLY NOTE THAT. 1.KINDLY NOTE THAT THE LAW PROVISIONS OF NEGOTIABLE INSTRUMENTS ACT SEC.138 ARE OFTEN MISUSED BY THE BANKS AND COOPERATIVE SOCIETIES AND CREDITORS AND PRIVATE MONEY LENDERS TO HARASS THE PERSON ISSUING THE CHEQUES.THESE FINANCERS COLLECT IN ADVANCE SIGNED BLANK CHEQUES OR POST DATED CHEQUES FROM THE BORROWERS AS SECURITY FOR LOAN. 2 BUT IN MOST OF THE COURT CASES THESE CHEQUES ARE MISUSED AND A FALSE CASE IS FILED IN COURT UNDER N.I.ACT SEC.138 FOR DISHONOUR OF CHEQUE 3 THERE IS A TENDENCY TO RECOVER EXCESS INTEREST AT HIGHER RATE THAN AGREED AND ALSO TO RECOVER PENAL INTEREST AND COURT CHARGES ,FEES FROM THE PERSON ISSUING CHEQUES. 4 HENCE FOR THE KNOWLEDGE OF COMMON PERSONS WHO ARE INVOLVED IN FALSE...
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From 15th June 2011 Every Advocate shall be entitled as of right to practice before any court in India including Supreme Court. Section 30 of the Act says: “Subject to the provisions of this Act, every advocate shall be entitled as of right to practise throughout the territories to which this Act extends; in all courts including the Supreme Court; before any tribunal or person legally authorised to take evidence; and before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise. Earlier, the Supreme Court in Aeltemesh Rein vs. Union of India and others AIR 1988 SC 1768 had issued a writ of mandamus to the Central Government to consider, within six months, whether Section 30 of the Advocates Act, 1961 should be brought into force or not. The Court, however, held that it was the discretion of the Central Government to bring this section in force by issuing a notification in this behalf. In spite of the...
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