Companies (Winding up) rules, 2020 and its impact on NCLAT

Introduction Any company’s dissolution is the ending step of its life. Company’s dissolution is the procedure by which the corporation is finished, or in other words the method by which company’s presence ends and it is lastly dissolved. A company may be wound up either by a National Company Law Tribunal or by voluntarily termination,... Continue Reading →

Calls on Shares of Same Class to be made on Uniform Basis

Section 49: Calls on shares of same class to be made on uniform basis. Any requests for additional share capital made in relation to a class of shares must be made uniformly with respect to all shares included in that class. For the purposes of this section, shares with the same nominal value but differing... Continue Reading →

Procedure of Alteration of Memorandum and Article of Association

When a company is incorporated, one of the documents that must be filed with the registrar of companies is the memorandum of association. The definition of a memorandum in Section 2(56) is "the memorandum of association of a company as initially formulated or as revised from time to time pursuant to any previous company law... Continue Reading →

Power of Limited companies to alter its share capital

Introduction Section 61 of Companies Act, 2013, has laid down the power of limited company to alter its share capital. Section 61 came into existence on 1st April 2014 excluding the proviso of sub-section 1 and the proviso was implemented on 1st June 2016. Limited company refers to a company in which the liability of members of that... Continue Reading →

     Shelf Prospectus

Any document that is referred to or distributed as a prospectus falls under the definition of prospectus. Any notification, circular, advertisement, or other material that serves as an invitation to offers from the general public is also included in this. Any securities of a corporate body should be the subject of such an invitation to... Continue Reading →

Companies (Winding up) Rules, 2020 and its Impact on NCLAT

 Companies (Winding Up) Rules, 2020 (the "Rules") have been made public by the Ministry of Corporate Affairs (the "MCA") in a notification dated January 24, 2020. The Corporations Act of 2013's "Summary Procedure for Liquidation u/s 361" and "Winding Up for the Circumstances u/s 271" both apply to companies entering these processes. The Rules will... Continue Reading →

Inspection, Inquiry and Investion under Companies Act

Introduction Under chapter XIV, which covers sections 206 to 229 of the Companies Act 2013, the requirements relating to "inspection, inquiry, and investigation" have been incorporated. this clause falls under one of the following four categories:- Part A of the Companies Act 2013 deals with inspection and investigation (sections 206 to 209); The investigation is... Continue Reading →

Things to Know Before Renting a Commercial Property in India

Real estate investing even on a very small scale, remains a tried and true means of building an individual's cash flow and wealth. INTRODUCTION What is commercial property? Property purchased for residential purposes is referred to as residential property, whereas property utilised for commercial purposes is referred to as commercial property. It is seen as... Continue Reading →

NOC for Transfer of Property from Legal Heirs

A no objection certificate or NOC is a very important document that establishes the legality of a particular transaction.  INTRODUCTION What is a No Objection Certificate? A No Objection Certificate (NOC) is a document granting consent for the purchase or construction of property to a person or a company. Applicants must get a No Objection... Continue Reading →

Can a Gift Deed be Challenged in India ?

What is a Gift Deed? A gift deed is a legal document that can be used to transfer immovable property in accordance with section 122 of the Transfer of Property Act, of 1882. A gift deed includes information about the property, the transferrer, and the recipient, similar to what a sale deed does. However, it permits... Continue Reading →

Effect of Disputes on the Partition of Property in India

Private property is a necessary institution, at least in a fallen world; men work more and dispute less when goods are private than when they are in common.                                                                                                                                                                                                         R. H. Tawney Family disputes can result in a forced partition. Partition of property takes region while there may be joint possession of or greater individuals... Continue Reading →

Forest Land in India

Introduction Forests are an invaluable natural resource. They provide us raw materials such as wood, timber, minerals, fodder, fuel, etc. They prevent soil erosion, provide shelter to tribal people, maintain the balance of the ecosystem and function as the guardians of the diverse wildlife that our country houses. Apart from this, many forests in India... Continue Reading →

Simple Mortgage

Step By Step, Place Became Property, Property Became A Mortgage, And Mortgages Became Derivative Investments. INTRODUCTION What Is a Mortgage? A mortgage, as per section 58 of the Transfer of Property Act, is a sort of loan used to buy or keep up a house, land, or other pieces of real estate. The borrower agrees to... Continue Reading →

What is Continuous Easement ?

Freedom and Property Rights are inseparable. You can't have one without the other.                                                                                                                                 -George Washington  INTRODUCTION What is an easement?  The concept of the easement has been defined under Section 4 of The Indian Easements Act, 1882. According to the provisions of Section 4, easement or easement agreement is a term that describes a situation in which one party... Continue Reading →

What is Completion Certificate?

A certificate does not make you certified. Attitude, performance, commitment to self and team - these and a certificate make you certified. INTRODUCTION After a housing project has been completed in accordance with a building plan that has been approved, it is granted a completion certificate, which is a legal document. Any housing project that... Continue Reading →

Actionable claim under Transfer of Property

Introduction In India, the Transfer of Property Act, 1882[1] deals with the laws relating to the transfer of properties. However, this act does not incorporate all types of properties, or all types of transfers neither does it include all the rules regarding the different modes of transfer. Hence, the Transfer of Property Act, 1882 is... Continue Reading →

Mortgage by Conditional Sale

Introduction In India, the Transfer of Property Act, 1882[1] contains the provisions for an array of concepts including the concept of mortgage. Apart from this, the Hindu and Muslim personal laws also recognize the concept of mortgage. The concept of mortgage is very similar to the concept of ‘hypotheca’ of Roman law.[2] Here, if the... Continue Reading →

Security Deposit while renting the property

"Service is the Rent we pay for the Privilege of Living on this Earth.” Introduction A security deposit is an amount that a tenant pays to the landlord at the start of the tenancy.                The sum that a tenant gives the landlord as a security deposit is paid at the beginning of the tenancy. It is... Continue Reading →

What are Easement Rights?

Introduction The Right of Easement has been in existence since time immemorial even back when the human race first emerging from cruelty and violence, embraced the custom of living as each other’s neighbors and respecting each other’s rights. It was crucial for the common good of the society to adopt the universal principle that an... Continue Reading →

Right to Constitutional Remedies – A Fundamental Right

Part III of the Indian Constitution guarantees fundamental rights to the citizens. All those fundamental rights that make one's life worth living are ensured by these rights. Fundamental rights are very essential for the entire development of individuals and the country. The declaration of fundamental rights would be meaningless unless there is effective machinery for... Continue Reading →

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