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India
IndusLaw
The recent enactment of the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023 represents a significant departure from the past, empowering India to extend its reach ...
Phoenix Legal
The Supreme Court of India in the recent judgment of Ajay Kumar Radheyshyam Goenka v. Tourism Finance Corporation of India Ltd., dismissed the appeals aimed to contest the proceedings filed by the lender under Section 138 ...
BTG Advaya
An investigation into alleged fraud can expose a company to risks that could result in financial and reputational damage and impact shareholder value. Once fraud is suspected or detected,...
PSA
A corporation is a separate legal entity in law and exposed to liability, civil and criminal, for any wrongdoing. The latter is premised on the maxim actus non facit reum nisi mens sit rea which means an act...
Vaish Associates Advocates
The Hon'ble Supreme Court in the case of National Small Industries Corp. Ltd. vs. Harmeet Singh Paintal and Ors., 010(2)AC R1221(SC )/ MANU/SC/0112/2010...
Kachwaha & Partners
India has a quasi-federal political structure comprising 29 states and seven centrally administered Union Territories.
Lumiere Law Partners
The Supreme Court of India, in its decision in Ravindranatha Bajpe v. Mangalore Special Economic Zone Ltd. & Others, held that company officials such as chairman, managing director, executive director, etc. ...
Phoenix Legal
In a recent case, Ravindranatha Bajpe Vs Mangalore Special Economic Zone Ltd, the Supreme Court of India held that a director of a company could not be "vicariously" held liable for criminal offences of a company.
Directors Cannot Be Held Vicariously Liable For Criminal Offences Of Company: Supreme Court Of India
Phoenix Legal
The Hon'ble Supreme Court in a recent case in Ravindranatha Bajpe v. Mangalore Special Economic Zone Ltd. and Ors. Etc., held that the chairman, directors, and other key managerial personnel of a company...
KS Legal & Associates
The gargantuan changes occurred in the pretext of COVID-19 reiterated the need for harmonization of regimes with commercial realities of a sinking global economy.
Aggarwals & Associates
Corporations have a separate legal entity and they are treated as a separate personality in law.
S.S. Rana & Co. Advocates
Being the controlling head of the companies, the management plays an indispensable and vital role in the regulation of its affairs.
Foley & Lardner
Obtaining permissions, approvals and licences in India creates high risks for bribery on account of there being significant interaction between the company and government authorities.
LexCounsel Law Offices
One area of constant challenge for a CFO is the proper recognition of revenues and expenditures and how they are expressed or reflected in the financial statements.
Nishith Desai Associates
Round Table + Webinar : Analyzing Civil And Criminal Liabilities Of Directors (Jan 22, 2016).
PSA
The complexity shrouding the issue of criminality of a corporation was settled by the Supreme Court ("SC") in Iridium India Telecom Ltd. v. Motorola Inc. case.
Nishith Desai Associates
A three judge bench of the Supreme Court holds that the principle of alter ego can only be applied to impute the intent of the person who controls the affairs of the company to that of the company.
Mansukhlal Hiralal & Co.
Securities and Exchange Board of India (``SEBI``) last week approved SEBI (Prohibition of Insider Trading) Regulations, 2014 (``New Regulations``).
Nishith Desai Associates
Even the most well-intentioned of legislations can be quite ineffective in providing succour to honest investors and safeguarding interests of the company.
S&A Law Offices
The criminalisation of Cyber Defamation in India.
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