Introduction The Bombay Shops and Establishment Act, 1948 (“Previous Act”) and the Bombay Shops and Establishment Rules, 1961 (“Previous Rules”) have been repealed and replaced with the new Maharashtra Shops and Establishment (Regulation of Employment and Conditions) Act, 2017 (“Current Act”) and Maharashtra Shops and Establishment (Regulation of Employment and Conditions) Rules, 2018 (“Current Rules”).... Continue Reading →
Cracking the code (Part 3): Interpreting the term “Dispute”
Further to our Part II, in this Part we have dealt with the interpretation of the term "Dispute" under the Code. The Code being a new legislation is going through several judicial tests and every test is leading to a new interpretation of the provisions of the Code resulting in inconsistency between them. Several judgements... Continue Reading →
DIPP’s major impetus towards ease of doing business in India
The Department of Industrial Policy and Promotion (“DIPP”) has vide Press Note No. 1 - 2018 Series (“Press Note 1”) sought to review the extant Foreign Direct Investment (“FDI”) policy on various sectors and has sought to incorporate several amendments to the Consolidated FDI Policy Circular of 2017 as amended from time to time (“FDI Policy”). These amendments will come into effect from the date they have been notified under the... Continue Reading →
Nomination vs Succession
Several controversies have been witnessed in the High Courts of India on the subject of nomination. Black’s Law Dictionary defines “Nomination” as an appointment or designation of a person to fill an office or discharge a duty and “Nominee” as a person who has been nominated or proposed for an office. A nominee is a... Continue Reading →
Section 138 of the Negotiable Instruments Act, 1881
First published on Lawyered.in The term ‘Negotiable’ means ‘transfer by endorsement or delivery’ and the term ‘Instrument’ means ‘any legal document in writing, which is created in favour of any person. Therefore, Negotiable Instruments are written statements implying payment of money, either on demand or within a particular time period with the drawer’s/payer’s name on... Continue Reading →
One person company
First published on Lawyered.in Introduction One Person Company (“OPC”) has been conceptualized by the Ministry of Corporate Affairs (“MCA”) to help fill-in the gap between a proprietorship and a private company set-up and was introduced in India through the Companies Act, 2013 (“Act”). This type of entity encourages an individual to start his own business,... Continue Reading →
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