Companies Act, 2013, do not define “amalgamation” and it has been expressed as the scheme of arrangement and merger in terms of section 230 and 232 of the Companies Act, 2013. However, section 2(1B) of the Income Tax Act defines amalgamation as merger between one or more companies with another company or the merger or … Continue reading Amalgamation: Insights from the Insolvency Lens
Haldiram Case: A Model for Corporate Restructuring
A compromise or arrangement under Sections 230–232 of the Companies Act, 2013 is a statutory mechanism that allows companies to reorganize their business by transferring parts of an undertaking, merging entities, or absorbing assets and liabilities. Courts approve the scheme, and once sanctioned, it becomes binding on all stakeholders. The recent NCLT Chandigarh Bench order … Continue reading Haldiram Case: A Model for Corporate Restructuring
POSITION OF CREDITORS IN THE CASE OF DEMERGER AND SCOPE OF SECTION 230-232 OF THE COMPANIES ACT WRT TO CREDITORS
UNDERSTANDING THE “UNDERTAKING” As we all know that in the case of Demerger, company transfer’s its undertaking as going concern to the resulting company which can be a new company or existing company. Interestingly, “undertaking” has not been defined under this section but under the explanation to section 180 (1)(a) which says that undertaking means … Continue reading POSITION OF CREDITORS IN THE CASE OF DEMERGER AND SCOPE OF SECTION 230-232 OF THE COMPANIES ACT WRT TO CREDITORS
How Share Capital will be treated in case of Demerger b/w Listed Holding Company and its Subsidiary
As we have already discussed in our previous article about the basics of demerger so, in this article we will keep the scope limited to the treatment of share capital in the case of demerger. For any demerger transaction between holding and its wholly owned subsidiary it is mandatory to obtain a share valuation report … Continue reading How Share Capital will be treated in case of Demerger b/w Listed Holding Company and its Subsidiary
How Members Can Approach NCLT for the Company’s Mismanagement or oppression
Any member of a company can approaches to the NCLT if member has a ground that the affairs of the company are being conducted in a manner i.e. is prejudicial to the interest of the Company or oppressive to the interest of any member or his interest. Even if the member has a ground that … Continue reading How Members Can Approach NCLT for the Company’s Mismanagement or oppression
Capital Reduction via Buy Back is not permissible under Section 66 of Companies Act 2013
Section 66 of the Companies Act, 2013 speaks about the Capital reduction and capital reduction of the shares can be done only through a special resolution but tribunal approval is required i.e. NCLT for the purpose of Capital Reduction. A company can reduce its capital by cancelling or extinguishing the shares subject to the special … Continue reading Capital Reduction via Buy Back is not permissible under Section 66 of Companies Act 2013
Streamlining Commercial Litigation: The Winds of Change with Order XIII‑A
In today’s fast-paced business world, nobody wants to wait years for a legal dispute to be resolved. Yet, traditional civil litigation in India can be a long and drawn-out process, especially for commercial disputes that carry significant stakes. Recognizing this challenge, the judiciary and legislature had embraced various reforms designed to speed up the process. … Continue reading Streamlining Commercial Litigation: The Winds of Change with Order XIII‑A
Implications of Patent Agent Communication Failures in India
In W.P.(C)-IPD 7/2024-Waterotor Energy Technologies Inc. vs. Union of India and Anr. the Petitioner based in Canada had hired a first agent in Canada to file his patent application in India. First agent in Canada had hired a second agent in India to carry forward the application process in India. Petitioner’s application was considered abandoned … Continue reading Implications of Patent Agent Communication Failures in India
“Acquisitions in India: Balancing Growth and Fair Competition”
INTRODUCTION Acquisition is a process wherein, a company purchases another company and take control of their assets, operations and market position. An acquisition is not just about taking ownership of another company’s shares, it also involves the gaining control over the target’s resources, intellectual property and customer base. Acquisition can occur between small companies and … Continue reading “Acquisitions in India: Balancing Growth and Fair Competition”
Analyzing WhatsApp’s Antitrust Violations and CCI Order
INTRODUCTION In 2021, WhatsApp users got a notification that, it would be updating its privacy terms and service policies. The terms and condition explicitly mentioned that it would be sharing the user’s data with the Meta companies (then known as ‘Facebook’). The notification is stated below; WhatsApp is updating its terms and privacy policy; Key … Continue reading Analyzing WhatsApp’s Antitrust Violations and CCI Order
DUCTUS EDGE 