[The following is a guest post from Vinod Kothari and Nidhi Ladha of Vinod Kothari & Company. The authors can be contacted at [email protected] and [email protected] respectively. This is a continuation from the first post in the series that can be accessed here] Meaning of ‘mortgage of fixed assets’ The significant difference between mortgage and charge is that mortgage is a...
MCA Circular: Secured Corporate Debentures and Public Deposit Norms – Part 1
[The following is a guest post from Vinod Kothari and Nidhi Ladha of Vinod Kothari & Company. The authors can be contacted at [email protected] and [email protected] respectively] The Ministry of Corporate Affairs, vide a notification dated 21st March 2013 (“Notification”), has made a change in Companies (Acceptance of Deposits) Rules 1975 (“Deposit Rules”). The apparent...
Wrotham Park and the scope of the “hypothetical negotiation” measure of damages
Perhaps the most obvious instance of the sophistication of English commercial law is the range of remedies it has, depending on the precise nature of and tailored to each cause of action. The most common remedy is, of course, compensation for loss, which attempts to place the claimant in the position in which he would have been had the term (in the case of contract) not been breached; an award of...
What is “immovable property”? The law relating to fixtures to land and buildings: Part II
(The following post has been contributed by Vinod Kothari and Nidhi Ladha of Vinod Kothari & Company. The authors can be contacted at [email protected] and [email protected] respectively. This is a continuation from a previous post where the authors discuss general principles. Here, they discuss specific cases and conclude) Interesting recent cases pertaining to immovable...
What is “immovable property”? The law relating to fixtures to land and buildings: Part I
(The following post, which deals with a continuingly vexed question of law, has been contributed by Vinod Kothari and Nidhi Ladha of Vinod Kothari & Company. The authors can be contacted at [email protected] and [email protected] respectively) At first glimpse, the question –what is an immovable property – sounds too basic to warrant any attention. Land and buildings are...
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