Enforceability of Non-Poaching Agreement in India

by admin | Oct 28, 2024 | Uncategorized

Introduction Indian economy is growing at a rapid pace. India’s GDP grew 8.15% over fiscal year 2023 to fiscal year 2024, and is expected to keep growing in the range of 6.5% to 7% according to estimates of different agencies. Along with the rapid pace of the growth...

Directors vicarious liability for offences under specific statutes, practical difficulties and remedy of challenging the taking of cognizance of the offence by concerned court without onducting an inquiry

by admin | Oct 28, 2024 | Uncategorized

What is vicarious liability? According to the Black’s Law Dictionary, vicarious liability is defined as the imposition of liability on one person for the actionable conduct of another, Based solely on a relationship between the two persons. The vicarious...

“Fiscally Transparent Entities” and  their eligibility for benefits of Double Tax Avoidance Agreements

by admin | Oct 28, 2024 | Uncategorized

Eligibility for availing benefits under Tax Treaties The tax treaties or the Double tax avoidance agreements (DTAA) between two sovereign nations, apart from providing the benefits of avoidance and elimination of double taxation of same income, also provide for...

INVESTIGATION INTO THE AFFAIRS OF THE COMPANY ON AN APPLICATION U/S. 213(b) OF ‘ANY OTHER PERSON’ WHO IS NOT A MEMBER OF THE COMPANY OR WHO IS MEMBER NOT ELIGIBLE IN TERMS OF S.213(a) 

by admin | Sep 20, 2024 | Uncategorized

Introduction The Companies Act, 2013(“The Act”) has various provisions for investigation into the affairs of the company on satisfaction of different conditions.  s.210 provides for powers of Central Government to order an investigation into the affairs of the...

Take or Pay clauses in a fuel supply agreements, Ship or Pay Clauses in transportation contracts in Energy Sector, Enforceability thereof and attendant maters – Part I

by admin | Sep 20, 2024 | Uncategorized

It will help the reader to go through our articles titled – “Debt versus Damages and Significance thereof in various commercial contracts-Part I” and “Unliquidated damages, Liquidated Damages and Enforceability of Liquidated Damages Clauses under Indian Contract Act –...

Is it possible to Claim the amount under a Take or Pay Clause(TOPC) without satisfying the conditions for liquidated damages? (Part II)

by admin | Sep 20, 2024 | Uncategorized

Introduction In our article named – “Take or Pay clauses in a fuel supply agreements, Ship or Pay Clauses in transportation contracts in Energy Sector, Enforceability thereof and attendant maters – Part I”, we analysed that Indian Courts and quasi-judicial bodies have...