Burgeon Law

supreme court clarifies director's liability under ni act

Supreme Court Clarifies Director’s Liability under NI Act

In a recent judgment delivered on March 15, 2024, in the matter of Susela Padmavathy Amma. vs. M/S Bharti Airtel Ltd.,(2024 INSC 206), the Hon’ble Supreme Court (the “Court”), while quashing a criminal complaint filed against one of the directors of a company in connection with the offence punishable under Section 138 read with Section …

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recent court rulings arbitration appointment limits in india

Recent Court Rulings: Arbitration Appointment Limits in India

Introduction:  In the realm of dispute resolution, arbitration offers a streamlined alternative to court litigation and has emerged as a preferred mode of resolving commercial disputes globally as well as in India. In India, the Arbitration and Conciliation Act, 1996 (“Arbitration Act”), regulates the laws in relation to arbitration proceedings.  Through the passage of time, …

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liability clarifications for company officers

Liability Clarifications for Company Officers

In the event that violations are committed by companies under the provisions of the Companies Act, 2013 (“Act”), in addition to the concerned company, proceedings can also be initiated against the “officer in default” under various provisions of the Act. The term “officer in default” is defined under the Act to include whole-time directors (“WTD”), …

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mergers and acquisitions laws & regulations in india

Mergers and Acquisitions Laws & Regulations in India

What laws may restrict or regulate certain mergers and acquisitions in India, if any? This question marks the commencement of an exploration into the mergers and acquisitions laws and regulations within India. The Indian legal landscape governing mergers and acquisitions (M&A) is complex and comprises various legislative acts, regulatory bodies and judicial precedents. These laws …

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haryanas local candidates act ruled unconstitutional key win for private sector

High Court Declares Haryana’s Local Candidates Act Unconstitutional: A Landmark Ruling for Private Sector

In the landmark ruling by the division bench comprising Justices G. S. Sandhawalia and Harpreet Kaur Jeewan delivered a verdict declaring the Haryana State Employment of Local Candidates Act, 2020, as unconstitutional, asserting that it infringed upon the fundamental rights outlined in Part III of the Constitution. This landmark judgement of Punjab & Haryana High …

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statutory compliance checklist for hr in india

Statutory Compliance Checklist for HR in India

Have you or your contacts experienced HR and statutory compliance problems in the past 3 months? Every organization operates under rules and regulations by various local, state and central authorities. The HR statutory compliance checklist is essential to ensure the organisation doesn’t face any legal complications. HR statutory compliance signifies the adherence to legal standards …

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india's fintech evolution exploring digital innovation and regulatory advances

India’s Digital Public Infrastructure at the Forefront of Global Fintech Evolution: An Examination of Fintech Laws in India

In the global arena of financial technology, India’s Digital Public Infrastructure (DPI) has firmly established itself as a bastion of innovation and efficiency, particularly in the context of Fintech Law in India. This was exemplified with profound impact at the G20 Summit held in New Delhi in September 2023. The DPI, especially the Unified Payments …

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advantages of starting a business in india

Advantages of Starting a Business in India

As you embark on your next business venture, why not explore the advantages of doing business in India before investing? India is among the world’s fastest-growing economies, with a strong 6.8% GDP growth[1], sectoral advancements and impactful government measures boosting investment and tech progress. Picture entering a vibrant market of over 1.4 billion people hungry …

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types of business structures in india

Types of Business Structures in India

Are you considering starting a business in India but feeling overwhelmed by the number of choices regarding its structure? One of the crucial decisions entrepreneurs face is selecting the right business structure. Why does this matter? Because the structure you choose will determine your liability, tax obligations and the level of administrative complexity you’ll need …

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Decoding Testamentary Succession

Decoding Testamentary Succession

Introduction Succession is the legal process by which the assets of a deceased person are transferred to their legal heir. Testamentary succession specifically pertains to the succession of a person’s assets after their demise in accordance with the provisions of a legally executed Will. The legal framework governing essential requirements and execution of a valid …

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