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Comprehensive Legal Defense Against Invocation of Section 74 of the CGST Act, 2017: Analyzing ‘Willful Suppression’ in the Context of Insolvency and Non-Realization of Professional Fees
Executive Summary The present legal analysis evaluates the defense strategy for a Writ Petition challenging the invocation of Section 74 of the CGST Act on allegations of willful s
Promoter’s Undertaking to Infuse Funds Does Not Amount to a Contract of Guarantee Under Section 126 of the Indian Contract Act: A Critical Analysis of the Supreme Court’s Ruling
Introduction The Supreme Court of India recently delivered a significant judgment that clarifies the legal distinction between a promoter’s undertaking to arrange funds for a
NCLAT on Oppression and Mismanagement: Only Existing Members Have the Right to Seek Relief
Introduction: Understanding Member Rights in Corporate Governance The recent pronouncement by the National Company Law Appellate Tribunal (NCLAT), Chennai Bench, has brought renewe
NCLT’s Power to Punish for Civil Contempt: A Comprehensive Legal Analysis of Section 425 of the Companies Act, 2013
Executive Summary The power of the National Company Law Tribunal (NCLT) to punish for civil contempt represents a cornerstone of judicial authority essential for maintaining the sa
SEBI ICDR Regulations 2018: Guide to Raising Capital in Indian Markets
Introduction When companies need money to grow, build factories, develop new products, or expand to new places, they often turn to the public for funds by selling shares. This proc
The Securities Contracts (Regulation) Act 1956: Foundation of Indian Securities Market Regulation
Introduction The Securities Contracts (Regulation) Act of 1956, commonly known as SC(R)A, is one of the oldest financial laws in India. It was made at a time when our country had j
Doctrine of Indoor Management: Still Relevant in the Digital Age?
Introduction The doctrine of indoor management, also known as the rule in Royal British Bank v. Turquand, stands as one of the foundational principles of company law that has shape
Treatment of Share Premium in FDI Transactions
Introduction The foreign direct investment (FDI) landscape in India has undergone significant transformation over the past few decades, evolving from a restrictive regime to a prog
The Role and Powers of the Assessing Officer in Light of NCLT Decisions
Introduction The intersection of corporate insolvency proceedings and tax administration has emerged as a critical area of legal discourse in India. The establishment of the
Understanding Dress Code for National Company Law Tribunal (NCLT): A Legal Framework Analysis
Introduction to the National Company Law Tribunal The National Company Law Tribunal was established under Section 408 of the Companies Act, 2013, and became operational on J
