Banks used to take advantage of the provisions of SARFAESI Act, 2002 earlier in taking possession of the secured asset even when the tenant was in possession of the property. Absolutely, there is no difficulty in taking the possessio
It is always welcome to enable the Banks to recover their dues using the provisions of SARFAESI Act, 2002. It is known that it is very difficult for the Banks to approach Civil Court asking for a decree and getting that decree executed. With the i
Shareholders qualifying under section 399 of Companies Act, 1956 can approach the Company Law Board under section 397/398 seeking preventive and remedial measures against the oppression and mis-management in the Company. Though, section 397/398 i
It would be clueless for the professionals at times in answering the queries of the borrowers facing proceedings under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. If the
I am not an economist, and I am not even an eminent Chartered Accountant, however, from the views of various experts on the subject, I would like to express my understanding on Budget 2012 as follows: Background: We are all concerned at ou
It is known that proceedings under section 397/398 of the Companies Act, 1956 are always complicated. There will often be criticism that the jurisdiction of Company Law Board (CLB) under section 397/398 of the Companies Act, 1956 is being misused. A
We may very often say great things about Indian Judiciary or legal system. It is true that we have had great legal luminaries, who played a very important role in our democracy defending the Fundamental Rights of the people, expanding the scope of
It is very frequently alleged that the remedy available to shareholders under section 397/398 of the Companies Act, 1956 is not effective. There are several issues to say as to why the remedy available to the shareholders under section 397/398 of
Section 397/398 of the Companies Act, 1956 guarantees a right to the minority to approach the Company Law Board or the Tribunal seeking preventive and some remedial measures against the majority in the Company when there is an Oppression an
I have observed my friends in Law College and I am still in touch with many of them. As I like and respect education and talent, whenever time permits, I used to discuss with students and wants to know his planning and thoughts. When I realize th