Commencement, scope and overriding effect: The Ordinance called the Banning of Unregulated Deposit Schemes Ordinance, 2019 notified on 21st February 2019 came into force on the same date. It extends to the whole of India except the State of Jammu and Kashmir. The Ordinance is in addition to provisions of other law Sec.35[/efn_not]. The Ordinance … Continue reading THE BANNING OF UNREGULATED DEPOSIT SCHEMES ORDINANCE, 2019
India's Supreme Court and high courts regularly issue instructions to various government agencies, both at the central and state levels on slew of matters. Some of these directions also extend to lower courts. Here an attempt is made to create a list of some of such court rulings that aim to make people's lives easier. … Continue reading Directions of the Supreme Court and High Courts in India
Last Thursday, I was driving my car and waiting at a signal to take left turn. As soon as the signal turned green, I took left turn. Hardly I would have travelled 100 meters and I heard some noise like some one is knocking. I had second thought, that may be there was something on … Continue reading Sharing my recent experience of the power of Mediation and Negotiation.
In last couple of months, I have come across at least three different parties asking the captioned subject matter to me. For general benefit, the point is clarified here: The Limited Liability Partnership Act, 2008 (the LLP Act) is the relevant law in India which governs the LLP. There is no specific limit on the … Continue reading Remuneration of Partners of LLP in India
Family disputes are different because it involves not only legal and technical issues but a lot of non-legal issues. And all these are inter-woven. Words of our own hurts more than anything else, even more than actions. It also deals with not only partition, inheritance and/or divorce, but every individual's perspective is filled with different … Continue reading Why settle family disputes by mediation?
It's natural that in business, dispute arises as in any relations. However, its the right approach, which helps not only resolve it but may work in the best interest of all concerned. Your approach to dispute resolution is the key. You may want or advised to be a combative ie. win-lose approach or a win-win … Continue reading Business Commercial Disputes
Claims of workmen and employees of under insolvency and bankruptcy code of India.
Chapter V of the Consumer Protection Act 2019 provides for the Mediation. It comprises of eight provisions - Sections 74 to 81. It has come into force from 20th July 2020. Recently, Supreme Court of India has directed all State Governments and Union Territories to take measures to establish Mediation Cells and enable e-filing of … Continue reading Mediation under the Consumer Protection Act 2019
There could be various scenario for considering mediation to resolve existing or probable conflict. One of the important reasons to opt mediation is that it allows you to resolve disputes on principles rather than on feelings or intuition of parties. It helps you prevents hasty decisions and avoid pressure - even when it is necessary … Continue reading Why mediation?
India has made drastic change on the way insolvency is resolved for corporate entity with limited liabilities with the enactment of much coveted Insolvency and Bankruptcy Code, 2016 (the IBC). And recently it has witnessed the 6th amendment to the IBC. This shows that while the IBC is in the making (work in progress), what is heartening … Continue reading Pre-pack under the IBC: an option for MSME Corporates to resolve its financial distress without losing control
In India, mediation can be a statutory requirement, generally before institution of a suit (majority of cases), or a court referred (rare) or a contractual i.e. requirement of private contract between parties (gaining momentum). There is no specific law of mediation in India. However, the mediation is recognised in India under different statutes. The same … Continue reading Mediation in India