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
Blog
Unlocking Mediation’s Potential: The Case for a Mandatory First Session
Authored by: Adv. Prakash K. Pandya, Advocate and Mediator, Mumbai In a momentous decision, the Mediation Bill 2023 was ratified by the Rajya Sabha on August 1, 2023, swiftly followed by Lok Sabha approval on August 7, 2023. With the President's assent on September 15, this pivotal Bill transformed into the Mediation Act, 2023. Its … Continue reading Unlocking Mediation’s Potential: The Case for a Mandatory First Session
Directions of the Supreme Court and High Courts in India
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
Sharing my recent experience of the power of Mediation and Negotiation.
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.
Remuneration of Partners of LLP in India
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
Why choose mediation for family dispute?
Family disputes are unique. They're not just about legalities but a complex mix of emotions, expectations, and deeply rooted interpersonal relationships. When words from loved ones wound deeper than actions, the traditional adversarial legal approach might not always be the best solution. Here's why mediation is an optimal approach for family disputes: Beyond Legal Issues: … Continue reading Why choose mediation for family dispute?
Navigating Commercial Disputes: Choosing the Right Approach
In the world of business, disputes are inevitable. However, how you approach these disputes can determine not only their resolution but also the future health of your business relationships. 1. Mindset Matters: Your approach to resolution can either be combative (win-lose) or collaborative (win-win). The question is: Can you, or someone on your behalf, engage … Continue reading Navigating Commercial Disputes: Choosing the Right Approach
Fate of claims of workmen and employees of an entity under insolvency in India.
Claims of workmen and employees of under insolvency and bankruptcy code of India.
Mediation under the Consumer Protection Act 2019
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
Why Mediation is Essential for Resolving Conflicts?
Mediation offers a comprehensive solution to conflicts, avoiding the complications and uncertainties of arbitration and litigation. Here's why: Decision on Principles: Mediation emphasizes resolution based on principles, not emotions or intuition, ensuring disputes are settled rationally. Time and Cost-Effective: Mediation can significantly reduce the time and costs associated with prolonged court proceedings. Uncertainty of Outcomes: … Continue reading Why Mediation is Essential for Resolving Conflicts?
Pre-pack under the IBC: an option for MSME Corporates to resolve its financial distress without losing control
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
