Theodore Lowe, Ap #867-859
Sit Rd, Azusa New York
Find us here
LIABILITY IN CORPORATE FRAUD
Corporate fraud refers to illegal and deceptive activities committed within a corporation or by individuals associated with the corporation, with the intention of obtaining financial gain or benefiting themselves at the expense of the company, its shareholders, or other stakeholders. Corporate fraud can take various forms and can occur at different...
THE JAYPEE INFRATECH LIMITED AND THE PETITION FOR INSOLVENCY
Introduction One significant case related to insolvency and bankruptcy code (IBC) in India in 2020 is the Jaypee Infratech Limited (JIL) case. Jaypee Infratech Limited, a subsidiary of Jaiprakash Associates Limited, was involved in real estate development and infrastructure projects, including the construction of the Yamuna Expressway. Howeve...
Importance of Drafting Partnership Agreement
A partnership agreement is an important document that outlines the structure and responsibilities of the partners in a business venture. It is a legal document that is used to define the rights and obligations of the parties involved in the partnership. It also provides a framework for resolving disputes between the partners. The importance of dra...
What is Insider Trading
Insider trading is a form of fraud that occurs when an individual or corporation trades a security, such as stocks, bonds, options, or commodities, while in possession of material, nonpublic information about the security. The information is usually not available to the public, and it is usually not disclosed by the person or corporation that posse...
All you need to know about Corporate Governance in India
Corporate governance in India has become increasingly important in recent years as the country’s economy has grown and the government has taken steps to ensure that companies operating within its borders are held accountable to the same standards as those operating in other countries. Corporate governance in India is the set of rules, regulations, ...
Grounds to allege Insider Trading in Firms
The term “insider trading” refers to the practice of buying or selling securities, such as stocks or bonds, based on information obtained from inside sources that are not publicly available. Insider trading is illegal in most countries, including the United States, because it gives the trader an unfair advantage. For example, if a company insider k...
FEW IMPORTANT QUESTIONS RELATED TO THE CONCEPT OF REVERSE PIERCING OF CORPORATE VEIL
1. What is the concept of corporate veil? A shield that protects the members from the action of the company. i.e. Members cannot be held liable for the actions/liability of the Company. A protective cover in the form of a separate entity provided by the corporate Law. 2. What is the Concept of a separate legal entity? Established by the lan...
BENEFIT OF MEDIATION IN COMMERCIAL SUIT (COMMERCIAL COURTS ACT)
There have been attempts by the legislation to support mediation and other alternative conflict resolution processes in recent years. In the Commercial Courts Act, 2015 (the "Act"), chapter IIIA was added in 2018, and section 12A (the "12A") mandated pre-institution mediation in cases of commercial suits of a certain value that did not include an a...
Automatic Imposition of Interim Moratorium is Violation of Principles of Natural Justice
Whether automatic imposition of interim moratorium under Section 96 of IBC is contrary to principles of Natural Justice as it does not permit the personal guarantor an opportunity to be heard by the Adjudicating Authority. The Insolvency and Bankruptcy Code (IBC) is a comprehensive legal framework that establishes a time-bound process for addre...
CHALLENGES FACED BY OPERATIONAL CREDITORS IN RECOVERY PROCEESINGS BEFORE COURT
Operational creditors (OCs) face unique challenges and risks when it comes to extending credit to companies, especially startups. In cases of insolvency or bankruptcy, OCs may be treated at par with other creditors, regardless of their good standing and reputation with the debtor company. Banks and other financial creditors (FCs) will control & man...
Damages versus Indemnity in M&A Deal
Representations and Warranties (“R&W”) for any kind of services are generally in the form of a statement as on a particular date providing the correct position of the relevant state of affairs.. R&W is one of the considerations for the promisee to engage in a transaction, and breach of the same may entitle the promisee to relief under the terms of ...
Judgments on Section 9 of IBC: Whether Principal and Interest both can be Clubbed together to be covered under Pecuniary Jurisdiction
INTRODUCTION: A notification from the Ministry of Corporate Affairs in the year 2020 just as the pandemic hit, changed the litigation regime under the National Company Law Tribunal thereafter. The notification increased the threshold limit of default from 1 lakh rupees to 1 crore rupees for filing applications under Part II of the Insolvency and B...
Types of Co-operative| Role Of Co-Operative Society | Merits & Demerits
COOPERATIVE SOCIETY TYPES Co-operatives fall under one of the following categories depending on the type of work they do: Consumers' Cooperative Societies, to start. 1. Societies of Producers' Cooperatives 2. cooperatives for marketing. 3. Housing cooperatives 4. Cooperative Credit Societies 5. Societies for Cooperative Farming CHARAC...
CORPORATE CRIMINAL LIABILITY IN INDIA
Companies are considered as separate legal entities u/s. 11 of Indian Penal Code (IPC) as established in the case of Iridium India Telecom Limited vs. Motorola Incorporated & Ors. and are therefore capable of being held liable. Corporate criminal liability is imposed on companies where they are liable for the act of their employees. Corporate crim...
#AMALawyered on "Whether A cheque issued from the account of guarantor as a security would fall within the purview of Section 138 Of NI Act?" with Adv. Hasmukh R Gurjar
Lawyered presents the next clip in its Ask-Me-Anything series, in association with Adv. Hasmukh R Gurjar. Question: Whether A cheque issued from the account of guarantor as a security would fall within the purview of Section 138 Of NI Act?
Applicability of force majeure in coworking spaces & its subsidiary #FoundersSpotlight with Adv. Ujwal Phasate
Lawyered is pleased to announce its new series hashtag#FoundersSpotlight. In this series, we bring together advocates and startup founders to discuss legal issues faced by entrepreneurs everyday and various strategies to overcome them. The next episode brings together Adv. Ujwal Phasate, Advocate and Mr. Bibin Babu, Co-founder & CEO, Payiza and Inn...
"Litigation and Mental Health: Talking About Professional Burnout" By Dikshita Kapoor
A lawyer's job is described as one with a lot of decision-making freedom and high psychological demands. Law has always been a profession that requires careful analysis of legal issues and frequent interaction with the clients. As the number of lawyers in the legal profession has risen, as has the complexity of legal cases, occupational stress and ...
Supreme Court's judgement on interest during loan moratorium #QuoteUnquote by Adv. Dhruvik Patel
The Supreme court has passed a judgment that no interest shall be levied on the installments which were due during the loan moratorium period last year. Watch Adv. Dhruvik Patel as he gives a clear picture of the judgement and how it is beneficial for Indian economy.
#F2FLawyered on India 2021 and Beyond: Litigation Management with Adv. Harshavardhan Abburi
Presenting a one-of-its-kind month long talk show for general counsels to discuss the problems faced by the legal community in the global lockdown, the ways to tackle them efficiently and the key learnings and takeaways - 'India 2021 and Beyond: A Way Forward'. The next episode brings together Ms. Aakanksha Munjhal, DGM Law, Walmart and Mr. Harsha...
#F2FLawyered on India 2021 and Beyond: Litigation Management with Adv. Jash J Dalia
Presenting a one-of-its-kind month long talk show for general counsels to discuss the problems faced by the legal community in the global lockdown, the ways to tackle them efficiently and the key learnings and takeaways - 'India 2021 and Beyond: A Way Forward'. The next episode brings together Mr. Nilesh Kumar, Group GC of Modi Group and Mr. Jash ...
"Halliburton Co. v. Chubb Bermuda Insurance Ltd." By Sugyata Choudhary
The English Case that settles the law on ‘apparent bias’ of an Arbitrator in an International Commercial Arbitration The English Supreme Court has recently, in the case of Halliburton Co. vs Chubb Bermuda Insurance Ltd decided a very crucial question of law concerning the need for continual disclosure by an Arbitrator where it has accepted appoin...
"Emergency Arbitrations – 5 Points You Need To Know" By Sugyata Choudhary
The ongoing dispute between Amazon and Future Group before the Apex Court regarding the sale of assets worth 24000 Cr by Future Group to Reliance Industries has sparked legal debate over a concept in arbitration that is pretty much brushed under the carpet - the legal sanctity of Emergency Arbitral Awards. Amazon has obtained an Emergency Award ag...
"PR Strategies For High Profile Litigations" By Dr. Vinod Surana
[https://prod-lawyered.s3.amazonaws.com/media/blogHone/articleImages/ca2e1b45895e4d7ca7aaed48ad76ba52.gif] INTRODUCTION The recent clamour around the Sushant Singh Rajput case has shown how and why does managing the public and the media perceptions matter in high profile litigation cases. Lawyers from both sides have incessantly given interviews...
"Concept Of White-Collar Crimes" - By Ishant Tambi
Co-Author - Aditi Das Nearly all social orders have certain standards, convictions, traditions and conventions which are verifiably acknowledged by its individuals as conducive to their wellbeing and sound improvement. Encroachment of these cherished standards and traditions is condemned as anti-social behaviour. Thus, numerous scholars have chara...
Decriminalization Of Economic Offences And The Challenges Involved
By Ashwinkumar Arulaananthan The Central government has recently proposed the reclassification and decriminalization of offences under various legislations with a view to improving business sentiment and unclogging court processes. The Circular dated 08.06.2020 issued by the Ministry of Finance lists out penal provisions under 19 different legisl...
COVID-19 Lockdown: An event of force majeure or not? A brief overview of the recent orders passed by the Hon'ble high courts of Bombay and Delhi
AUTHOR BIO Suhael Buttan, Author Suhael Buttan is currently working as an associate at SKV Law Offices. He has obtained his B.B.A.LL.B (Hons.) degree from Symbiosis Law School, Noida (affiliated with the Symbiosis International University, Pune). Over the years, he has successfully handled an array of litigations and legal matters representing t...
What is the difference between litigation and arbitration by Advocate Atul Kumar #AMALawyered
Lawyered [../../../../../] presents Advocate Atul Kumar [../../../../../lawyer-profile/atul-kumar-1875/], KNKLegal, in Ask-Me-Anything #AMALawyered [https://www.youtube.com/results?search_query=%23AMALawyered] series by Lawyered. Situation: What is the difference between litigation and arbitration? Lawyered [https://lawyered.in/] - On a missio...
Bombay High Court Rejects Plea on 'Standard Retail Pvt Ltd vs GS Global Corp'
The-Indian-Lawyer [http://theindianlawyer.in/images/logo-TIL.png] Author - Sushila Ram {BOMBAY HIGH COURT REJECTS PLEA ON 'STANDARD RETAIL PVT LTD VS GS GLOBAL CORP'} In recent times due to the COVID-19 Pandemic force majeure is an often used term in relation to commercial contracts. Quite simply put force majeure or vis major (Latin) – means ...
Jurisdiction of NCLT | Civil Courts under Companies Act 2013
JURISDICTION OF NCLT IN INDIA Author - Mansi Patel National Company Law Tribunal is a quasi -judicial body in India that adjudicates company law matters and Indian companies which are compliant under it. The tribunal was established under the Companies Act, 2013 and constituted on June 1, 2016. Under the Companies Act, all proceedings such as arb...
Everything About NCLT Proceedings
Author- Harshavardhan Abburi [https://www.lawyersclubindia.com/img/preview/custom/Good_faith.jpg] Company Law Tribunal is a quasi-judicial body to regulate and resolve civil corporate disputes. The power to establish National Company Law Tribunal(NCLT) and National Company Law Appellate Tribunal (NCLAT) was derived from Article 245 of the Indian ...
Gas, Power Meters No specifications prescribed under Act: Plea
Author - Advocate Shantha Raman In the High Court of Delhi, a PIL has been filed by NGO Dignity Restoration & Grievance Settlement Association (Dignity) against Government of NCT of Delhi & Others through Advocate Shantha Devi Raman. The Delhi High Court has directed the Centre and the AAP government to respond to the plea that no specifications ...
All About NCLT Proceedings
Author - Associate Aswini Ramesh Introduction: National Company Law Tribunal was established by the supreme court, it is a quasi-judicial body to regulate and resolve civil corporate disputes. The power to establish National Company Law Tribunal(NCLT) and National Company Law Appellate Tribunal (NCLAT) was derived from Article 245 of the Indian C...
Top Founders And How They Handled Their Legal Matters
Author: Associate Runa Jasia There comes a time in a company when the founders need to deal with some serious legal situations. They need to handle these legal actions very calmly and patiently. Legal matters [../../../../../../legal-disrupt/articles/lawyered-announces-acquisition-incourt-news-legal-news-platform/] are precarious in nature and nee...
Company Administration and Liquidation of A Company
Company Administration and Liquidation of A Company Company administration and liquidation are formal insolvency procedures that can be an intimidating process for company directors. Even though these processes play a crucial role in understanding the insolvency situation, their objective and application differ from each other. To shed light on t...
How To Make A Corporate Lawyer Feel At Home In Your Organization
Used to extremely busy work days and a fast paced atmosphere, corporate lawyers face much adversity in adjusting to entrepreneurial setups. Organizations hiring such dispute resolution experts often notice a lack of familiarity and minimal social interaction from them. Sitting at their desks through long lonesome days, filling out paperwork and se...
Teslas Legal Struggle And What The Dispute Resolution Process Could Mean For Elon Musk
Elon Musk has been a staple in news stories over the last few years. Billionaire philanthropist and creative visionary for ground breaking companies such as Tesla and SpaceX, the parallels to a modern day Iron Man seem unquestionable. It seemed like Mr Musk could do no wrong, until now that it is. The last few months have been exceptionally tough o...
Y-Combinator Funded Startup Fight for VISA, Move US Court
India-origin brothers, Atma and Anand Krishna, co-founders of LotusPay, a digital payment platform in India, had received $120,000 funding from Y Combinator, an early stage investor based in Silicon Valley. A US holding company (which controlled the entire business) was set up in in the US state of Delaware in May 2017. Setting up of a US holding ...
GoJavas Slaps $46 Mn Legal Notice on Snapdeal
Quickdel Logistics, the parent of e-commerce-focussed logistics firm GoJavas, has sent a Rs 300 crore (around $45.9 million) legal notice to Snapdeal founders Kunal Bahl and Rohit Bansal, and Jasper Infotech, which runs the online marketplace, according to a media report. Snapdeal stole confidential business information such as data on employees a...
World's 500 Richest People Lose $35 Billion From Trump Turmoil
* BEZOS FALLS TO NO. 3 POSITION, $4.9 BILLION BEHIND GATES * FACEBOOK’S ZUCKERBERG IS HARDEST HIT WITH $2 BILLION DROP The world’s richest people lost $35 billion Wednesday when global equity markets were rocked by political turmoil in the U.S., according to the Bloomberg Billionaires Index. Bill Gates, the world’s richest person with $8...
The Next 3 Steps After Company Incorporation
If starting your own company wasn’t easy enough, the task of getting it registered under the government isn’t a cakewalk either. The process isn’t smooth but the benefits following it are worth taking the pain for. A registered company is a company which is legally recognized and protected by the law. It enjoys various advantages like the right to...
Snapdeal in trouble over “Dhotis”
The ecommerce brands have to face a lot of trouble especially due to the omission of third parties. The latest being on Snapdeal facing trouble with Mumbai based Century Textiles and Industry Private Limited(BK Birla Group). The issue is regarding Dhotis or traditional men’s garment which has been listed by Snapdeal on their website and is being s...