Contracts are the building blocks of business. They set out how people or companies will work together, what each side promises to do, and what happens if things go wrong. Because contracts decide rights and responsibilities, it is very important that they are written clearly and carefully. A well-drafted contract avoids confusion, prevents disputes, and protects everyone involved. This article explains, in simple terms, the key points to keep in mind while drafting a contract.
Category: Legal Advisory
OPPRESSION AND MISMANAGEMENT : THE BASICS
Before delving into the concept of oppression and mismanagement, it is necessary to begin with the judicial origin that shaped and laid down its foundational principles by emphasizing the significance of a company’s separate legal identity and the proper plaintiff rule. It provided a simple yet powerful principle of majority and minority shareholders’ right.
SUPREME COURT RESTORES PARITY BETWEEN BUYERS AND BUILDERS
Buying a home is often the biggest investment a family makes. It comes with hopes of security, stability and appreciation in value. But for many buyers across the country, this dream has been tested by long delays, mounting demands, and changing terms by the builders, backed by the arbitrary and one-sided clauses, stealthy incorporated in the Agreement. A recent judgement judgment of the Supreme Court brings this issue into sharp focus and sends an important message on fairness in builder–buyer relationships.
BUYING A FLAT? KEY LEGAL CHECKS YOU MUST NOT IGNORE
Purchasing a home is one of the biggest decisions of our lives. Whether it is your first flat or an investment property, the excitement of booking a property often overshadows the legal due diligence that must be a priority in today’s time. Unfortunately, that’s where many of us make mistakes, which prove to be costly.
TRANSFER PRICING IN INDIA: REGULATORY FRAMEWORK, KEY PRINCIPLES AND EMERGING TRENDS
Transfer pricing is the actual price charged in a transaction between related entities forming part of the same Multi-National Enterprises (MNEs). Since the tax rates vary from country to country, transfer pricing becomes a method to reduce the tax liability of the MNE as a whole. It involves setting up of transfer prices in such a manner that lesser profits are booked in countries with higher tax rates.
Discretion vs. Mandatory Admission: Future of Section 7(5)(a) of the Insolvency and Bankruptcy Code, 2016
When it comes to a detailed and again rather complicated legal framework of insolvency law under the Insolvency and Bankruptcy Code, 2016,(IBC) the key point is the commencement of the Corporate Insolvency Resolution Process (CIRP). This process is intended to assist firms that are in deficit and also to aid in avoiding being caught in the financial debt trap.
NCLT Rejects Merger Scheme on Grounds of Public Interest
The National Company Law Tribunal (NCLT) recently rejected a proposed merger between two companies, citing significant concerns over public interest. This decision underscores the NCLT’s critical role in balancing corporate ambitions with broader societal and economic implications, ensuring that business decisions do not undermine the interests of the public.
ANTI-COMPETITIVE AGREEMENTS IN INDIA: LEGAL FRAMEWORK AND IMPLICATIONS
Anti-competitive agreements are a significant area of concern under Indian competition law, governed by the Competition Act, of 2002. These agreements, which have the potential to harm the competitive process and consumer welfare, are strictly regulated by the Competition Commission of India (CCI).
Applicability of Section 17 of the Arbitration and Conciliation Act, 1996 to Foreign Seated Arbitrations
By applying Section 17 to arbitrations seated outside India, India shall move a step ahead in ensuring that the assets or subject matter of the dispute located in India are secured expeditiously, and no party can play any kind of dilatory tactics to render such foreign seated interim awards infructuous.
Role of Alternative Dispute Resolution (ADR) in India
Alternative Dispute Resolution (ADR) is a technique to resolve disputes and disagreements between the parties by arriving at an amenable settlement through negotiations and discussions. It is an attempt to establish an alternative mechanism other than the traditional methods of dispute resolutions.
The Transformative Impact of Artificial Intelligence on the Indian Legal System
Artificial Intelligence (AI) is significantly transforming India’s judicial system. AI’s integration into the judiciary is addressing the critical issue of case backlogs and inefficiencies by streamlining routine tasks such as case management, scheduling, and legal research.
The Intersection of Insolvency Law and Artificial Intelligence
In today’s rapidly evolving technological landscape, the integration of artificial intelligence (AI) into insolvency proceedings presents both challenges and opportunities for practitioners.
Challenges and Opportunities in Implementing the Insolvency and Bankruptcy Code
The Insolvency and Bankruptcy Code, 2016 (IBC) marks a significant milestone in the realm of insolvency and bankruptcy resolution in India. With its passage by Parliament and Presidential assent on May 28, 2016, the IBC revolutionized the legal framework surrounding insolvency and bankruptcy.
Power of RERA Authority to Impose Penalties on Builders
If the promoter fails to follow RERA’s orders, they will have to pay a penalty. This amount could be up to 5% of the evaluated cost of the property. If the Appellate Tribunal’s orders are not complied with, a penalty will have to be paid.
Timely Filing of Claims in case of Real Estate Projects undergoing CIRP
At the initiation of CIRP when a public notice is issued under Section 15, claims of creditors are invited; but in some scenarios in real estate cases, homebuyers are often unable to take note of the public announcement of CIRP owing to different factors.

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