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BNS 316 318 Difference: Criminal Breach of Trust vs Cheating in Investment Schemes
The BNS 316 318 difference turns on when the dishonest intention arose. Section 316 (criminal breach of trust) presumes property was lawfully entrusted and later misappropriated. S
Is a Real-Estate Builder a ‘Financial Establishment’? Buy-Back Schemes and the GPID Act
In brief: A real-estate builder becomes a “financial establishment” under the GPID Act when it accepts money as a deposit — typically through an assured-return or buy-back sc
Bail in Economic Offence & GPID Cases: The Deposit-Condition Trap
In economic-offence and depositor-fraud cases, bail is decided by balancing personal liberty against the gravity of the alleged fraud. Courts apply a triple test – flight ris
The GPID Act Explained: A Complete Guide to Depositor-Protection Law in India
In one line: The GPID Act is a Gujarat law that makes it a serious offence for a “financial establishment” to take public “deposits” and then fraudulently fail to repay the
How to Set Aside an Ex Parte Decree: Order 9 Rule 13 CPC, the Thirty-Day Clock and the Choice Between Application and Appeal
Finding that a court has decreed a suit against you in your absence is alarming, and the instinct is often to rush to a higher court. In most cases the first and best tool is narro
Indian Banks, Finance Groups and Insurers Setting Up in GIFT IFSC: The Home Regulator’s Consent
Almost every discussion of setting up in GIFT IFSC concentrates on IFSCA: which registration, what capital, which permitted activities. For a regulated financial group that is only
Exiting GIFT IFSC: Surrendering IFSCA Registration and Leaving the SEZ
Entry into GIFT IFSC is a single-window process (Article 3). Exit is not. It involves at least two separate authorities, and for a company that wishes to cease to exist altogether,
Enforcing Awards and Foreign Judgments Against a GIFT IFSC Counterparty
Enforcement is where a dispute-resolution clause is finally tested. For parties transacting through GIFT IFSC, the challenge lies in enforcing arbitral awards and court judgments a
Arbitrating With a GIFT IFSC Entity: Seat, “International” Character and the Choice of a Foreign Seat
GIFT IFSC entities frequently enter cross-border contracts containing arbitration clauses. However, an international transaction does not automatically qualify as an international
Insolvency of a GIFT IFSC Entity: Who Is a “Corporate Person”, and What Happens If No One Is
A lender dealing with a company in GIFT IFSC needs to know what happens if the borrower defaults. The obvious answer is the Insolvency and Bankruptcy Code, 2016 (IBC), but it may n
