How the purpose of ADR is defeated by the multiplicity of proceedings

The adversarial justice system is plagued with extortionate litigation, convoluted technicalities, incertitude, and dawdling justice. Hence, originated the concept of Alternative Dispute Resolution (ADR). Recently, the Hon’ble High Court of Delhi in Gammon India Ltd. & Anr. V. National Highways Authority of India, opined on the scourge of multiplicity of proceedings arising out of a single arbitration agreement. In this article, author explains the evolution and progress of ADR in India briefly, along with a succinct case note on expounding the rationale behind the aforementioned judgement with support of international precedents.

When does the clock of limitation start for suits falling under Article 113 of Limitation Act, 1963?

Recently, a three-judge bench of the Hon’ble Supreme Court vide its judgement dated June 5, 2020 passed in Shakti Bhog Food Industries V. The Central Bank of India & Anr. held that the limitation period under Article 113 of the Limitation Act, 1963 (Act hereafter) begins when the right to sue accrues and not when the right to sue ‘first’ accrues. In this article, author traces an outline of the evolution of the law of limitation in India, discern the findings of the Apex Court in the aforementioned judgement with the help of judicial precedents.

What is a Producer Company?

This paper analyses the account of producer companies in India and its subsequent trends and performance. A producer company is a hybrid between cooperative societies and private limited companies. Agriculture is the backbone of India. It acts as a primary source of livelihood for about 58% of India’s population. On 5th July 2019, the central government announced a plan to promote 10,000 new farmer producer companies over the next five years.

Start-ups registration in India: The steps to follow

Amidst the pandemic and the ongoing geopolitical scenario, Indian start-ups need to attract domestic capital to finance their operations as many Chinese investors will seek to exit from portfolio companies in India. This article traces the evolution of start-ups in the nation, steps for registration, and benefits and exemptions available to them.

What are the basic key points of India’s Companies Act 2013?

Company law governs every aspect related to a company, right from its birth to its dissolution. It keeps a check on its powers through several regulatory compliances stated in the Act. Company law in India has experienced an enthralling journey, right from the annulment of old laws, to the countless amendments made in the current act. In this article, I’ll seek to explain the history of company law in India, its expedition over time, from being an archetype of English company laws to the ambitious present-day law based on the socio-economic circumstances.

What are some examples of Public Limited Company?

Company Law has its roots in the mid-19th century. Limited liability is a contrivance of humans to expedite economic growth. The concept of separate legal identity, coupled with the limited liability of their owners, has protected investors from the risks associated with their investments. Furthermore, the listing of companies in stock exchanges over the world has abetted in raising capital. In this article, I’ll examine the history and growth of Public limited companies in commonwealth jurisdictions and its salient features regarding the Indian context.

How many members are required to form a Limited Company?

The author in this article discusses the requirement of number of members to form a Limited company and the related provisions. Author further differentiate between different types of companies based on its number of members, size, capital, etc. with the help of relevant case laws and the corollary of latest amendments on its provisions.

Company Fresh Start Scheme: An Overview

The scheme permits defaulting companies and LLPs an opportunity to file belated documents, annual returns, financial statements, etc. without paying a higher additional fees. Furthermore, the scheme grants immunity from prosecution with respect to such delay. In this article I’ll discern and expound the salient features of both the schemes and how it’ll help ease compliance burden on companies and LLPs amidst a pandemic.

Changes for Housing Finance Companies proposed by RBI

On June 17, 2020, the Reserve Bank of India (RBI) proposed to modify the rules (Draft Framework) governing the Housing finance companies’(HFCs) new regulator .The draft rules seeks to bring HFCs under the regulatory ambit of RBI and put it in the same league as Non-Banking Financial Institutions (NBFCs). In this article I’ll lay out a timeline till the proposed rules, define what HFCs are, and what impact will these rules have on an average tax payer.