Author - AAK Legal

Analysis & Impact of Rainbow Papers Judgment

Background: Recovery proceedings were initiated before commencement of CIRP but the attachment was made during CIRP period. The claim was filed by the department beyond time and was not admitted by the RP and the same was challenged before NCLT. The claim was rejected by [...]

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Oppression & Mismanagement under the Companies Act, 2013

This article deals with aspects relating to Oppression and Mismanagement under the Companies Act, 2013. Though the Act per se does not define the terms ‘oppression’ and ‘mismanagement’, the general meaning of both the terms is considered for all practical purposes. The meaning of ‘Oppression’, with respect to minority [...]

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Invocation of Force Majeure in Commercial Contracts

COVID-19 has been declared as a pandemic by the World Health Organisation. Pursuant thereto, the Ministry of Health and Family Welfare has issued an advisory on social distancing, w.r.t. mass gathering and has put travel restrictions to prevent spreading of COVID-19. On 19th February, 2020, vide an Office Memorandum [...]

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