To acquire knowledge of various times of corporate disputes and non-compliances under various laws and their resolution and management
BCS 511 |
Resolution of Corporate Disputes |
CO 133: To gain a knowledge about shareholders democracy and rights and also various frauds under the companies act and the Indian penal code. CO 134: Awareness about various regulatory actions that can be taken by various authorities like ROC, SEBI, Stock Exchange, CCI etc. CO 135:To provide understanding about defaults and adjudication process under various laws applicable on companies CO 136:Understand the concept of relief and remedies provided and the judicial and quasi judicial bodies and crisis management policies for the companies. |
Approach in teaching: |
1. Evaluation of PPT's |
Law relating to Majority Powers and Minority Protection;
Class action suits
Corporate Disputes: Oppression & Mismanagement – Law & Practice; Refusal of registration of transfer of securities & appeal against refusal; Wrongful withholding of property of company; corporate criminal liability.
Introduction, Intention to Commit a Fraud, Unlawful Gain or Loss ,Criminal Breach of Trust.
Regulatory Action :Introduction , Investigation , Protection of Employees During Investigation , Freezing of Assets of Company, Imposition of Restrictions upon Securities Inspector’s Report, Voluntary Winding Up, Legal Advisers and Bankers not to Disclose, Penalty etc. , Preparation by CS to Face Investigation, Establishment of SFIO, Investigate into Affairs of a Company, Investigations Procedure by SEBI, Cease and Desist Proceedings, SEBI Regulations etc.,
Introduction Penalties, Permission of the Special Court , Adjudication , The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 , Attachment, Adjudication and Confiscation under Prevention of Money Laundering Act (PMLA), 2002 , Summons, Searches and Seizures, Appellate Tribunal , Special Courts
Compounding of Offences, Mediation and Conciliation ,Section 442, Settlement and Settlement Proceedings Content Order under SEBI Laws New Regulations SEBI (Settlement Proceedings) Regulations, 2018, Application, terms and procedure for Settlement , Summary Settlement Procedure ,Settlement with Confidentiality , Settlement Orders , Appeal Against Order, FEMA Rules, 2000 , Appearance before SAT etc.,
Crisis management, Professional Liability, D&O Policy & other Risk and liability mitigation approaches. Family Tree of Concepts Crisis Management, Professional Liability, D&O Policy, Other Risk Mitigation Approaches
Civil and Criminal Trial Procedure: Object of Trial, Criminal Proceeding vis-a-vis Civil Proceeding, Criminal Courts and powers and Civil Courts, Public Prosecutors and Company Prosecutors, Courts, Trial Procedure for Summon Cases, Trial Procedure before a Sessions Court, Wrongful Conviction / Erroneous Interpretations and Consequent Effects- A case study, Offences Relating to Perjury, Appeals under CRPC/ Case of Acquittal, Powers of the Appellate Court/ Supreme Court, Continuing Offences, Diverting Properties of the Company