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Section 244 Waiver: How a Shareholder Below the 10% Threshold Gets Into the NCLT
A shareholder who believes a company’s affairs are being run oppressively cannot simply walk into the National Company Law Tribunal. Section 241 of the Companies Act 2013 con
Oppression and Mismanagement under Sections 241–242: A Shareholder’s Guide to NCLT and NCLAT Remedies
A shareholder who is being squeezed out of a company he helped build has one distinctive statutory weapon: the remedy for Oppression and Mismanagement under Sections 241 242 of the
Trapped in a Deposit or Real-Estate Scheme Fraud? An Investor’s Rights and Remedies in India
The cheque bounced, the office has shut, the phone goes unanswered, and the man who promised you twenty-four per cent has stopped replying. What now? India gives an investor in thi
Buy-Back MOU in Real Estate: The Legality of Assured-Return Property Deals
A buy-back MOU in real estate is an agreement in which a developer sells a unit and simultaneously promises to repurchase it later at a fixed price, or to pay a guaranteed monthly
BUDS Act vs State Deposit Act: Which Law Applies to an Unregulated Deposit Scheme?
When a chit-like scheme, an assured-return investment plan or a “guaranteed buy-back” arrangement collapses, two very different statutes are usually pulled off the shel
GPID Attachment and Depositor Restitution: How the Designated Court Recovers Money
A prosecution punishes. It does not, by itself, return a rupee to anyone. The part of a State depositor-protection statute that actually recovers money is the attachment chapter, a
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
