Supreme Court

U/s 73(1) of the Companies Act, organizations have to make an application for SE listing before issuing OFCDs

CLR Editorial Notes: This refers to the OFCD subscription offer made by Sahara Group and the subsequent litigation by SEBI in lieu of non-compliance and intentional bypass of SEBI Guidelines. The Sahara Companies, issued that the invitation/offer to subscribe to the OFCDs 3 crore persons (expressed as 30 million persons by the SAT), through 10 lakh… Read More

Tags: Companies ActIndiaRegistrar of CompaniesSahara CaseSahara India PariwarSEBISecurities & Exchange Board of IndiaSupreme CourtThe Companies Act 1956

Balco Judgment

The Indian Judiciary has always been frowned upon by the foreign investors and foreign lawyers alike, for interfering and delaying the arbitral proceedings having its seat outside India (Foreign Arbitrations). Hitherto, the Indian courts, based on the ratios laid down by the Hon™ble Supreme Court in Bhatia International[1] and Venture Global[2]have been passing orders under… Read More

Tags: ArbitrationArbitration awardConciliation ActForeign ArbitrationHonIndiaSupreme CourtThe Honourable

Prerequisites of an Arbitration Agreement

Arbitration and Conciliation Act, 1996 [2010] 98 CLA (Snr.) 1 (P&H) Ramji Bharany and others v. Ambience Developers and Infrastructure (P.) Ltd. First Appeal from Order No. 583 of 2010 (O&M) Decided by the High Court of Punjab & Haryana Rakesh Kumar Jain, J 21st May 2010 (2010-3) 159 PLR 198 Section 7 Arbitration agreement… Read More

Tags: ArbitrationClass actionFederal Arbitration ActHaryanaStolt-NielsenSupreme CourtSupreme Court of the United StatesUnited States

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