Important ingredient for the offence punishable under Section 138 is that cheque must have been issued for the discharge in whole or in part of any debt…… Read more “Position of Guarantor u/s 138 of the Negotiable Instruments Act, 1881”
Author: Deep Vaghela
Deep Vaghela is the proprietor of Deep Advisory Services.
He had worked with big corporates and has expertise in handling corporate litigations, public issues and also provide advice on Company Law, SEBI Law, M&A, Takeover, Insider Trading, FEMA, Taxation and other allied Corporate Laws.
He is Fellow member of the Institute of Company Secretaries of India (ICSI), Master of Business Administration (MBA) specializing in Finance and also pursuing Legum Baccalaureus (LLB).
NCLT vs. High Court vs. IBC
NCLT being a creature of a special statute to discharge certain specific functions, cannot be elevated to the status of a superior court having the power of…… Read more “NCLT vs. High Court vs. IBC”
Limitation period for IBC in case of proceeding under SARFEASI
As per Section 14(2) of Limitation Act in computing the period of limitation, the time spent in SARFEASI against the Corporate Debtor be excluded for the purpose…… Read more “Limitation period for IBC in case of proceeding under SARFEASI”
Affidavit, whether consider as an Evidence?
Affidavit is not evidence within the meaning of Section 3 of the Evidence Act unless an opportunity to effectively cross-examine to the person(s) examined is given to…… Read more “Affidavit, whether consider as an Evidence?”
Arbitration vs. CPC
In the case of Arbitration, the provisions of CPC are to be followed as a guidance, whereas the provisions of the Arbitration Act are essentially to be…… Read more “Arbitration vs. CPC”
When can SEBI issue ex parte ad interim?
SEBI is empowered to pass an ex-parte interim order only in extreme urgent cases and that such power should be exercised sparingly. In the matter of Cameo…… Read more “When can SEBI issue ex parte ad interim?”
Power to appoint a sole arbitrator by an interested person
A person having an interest in the dispute or in the outcome or decision thereof, must not only be ineligible to act as an arbitrator but must…… Read more “Power to appoint a sole arbitrator by an interested person”
Section 167(1)(a) of Companies Act 2013 has prospective or retrospective effect?
Proviso to Section 167(1)(a) of the Act having a prospective operation would affect only those directors who are disqualified on or after 7th May 2018 insofar as…… Read more “Section 167(1)(a) of Companies Act 2013 has prospective or retrospective effect?”
Why NCLT ordered impleadment of Ministry of Corporate Affairs as a party to Insolvency and Bankruptcy cases?
Ministry of Corporate Affairs being a party would facilitate the availability of authentic record for the proper appreciation of the matters being contested before it. The Honourable…… Read more “Why NCLT ordered impleadment of Ministry of Corporate Affairs as a party to Insolvency and Bankruptcy cases?”
Governor of Maharashtra vs. Article 361 – What is the scope of Article 361 granting immunity to the Governor?
Article 361 of the Constitution confers immunity to the President and Governors from criminal and civil cases during their term of office, it says no court can…… Read more “Governor of Maharashtra vs. Article 361 – What is the scope of Article 361 granting immunity to the Governor?”
