MAHESHWARI & CO.

anti money laundering laws
09. 12
2024
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India’s Anti-Money Laundering Laws: Key Insights for Compliance

India’s approach to anti-money laundering (AML) is heavily shaped by the Prevention of Money Laundering Act (PMLA) of 2002, which forms the core framework against laundering activities in the country.  Under the PMLA, enacted to detect and control money laundering, financial entities must keep records of all transactions—whether suspected or confirmed—to prevent the integration of […]
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offset clauses
06. 12
2024
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Offset Clauses in Contracts: A Legal Balance Tool for Businesses

Offset clauses, often used in various contractual settings, are instrumental for businesses as they allow one party to withhold or subtract payments owed to another party under certain conditions. This clause serves as a “balance tool” to address outstanding obligations or claims, ensuring that liabilities are managed without immediate outflow of funds. Here, we explore the […]
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Winding up of defunct companies in India
02. 12
2024
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A Guide to Winding Up of Defunct Companies in India

Winding up of Defunct Companies in India In India, the winding up of defunct companies is a structured process designed to dissolve inactive companies that are no longer operational or financially viable. Defunct companies, often called dormant companies, have ceased their business activities and hold no assets or liabilities. The Companies Act, 2013 provides several […]
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indian labour laws
28. 11
2024
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Navigating Notice Period under Indian Labour Laws: Essential Insights

Understanding Notice Period under Indian Labour Laws The concept of a “Notice Period” is an important element in Indian Labour and Employment law, functioning as a safeguard for both employees and employers. Whether terminating an employee or resigning from a position, the notice period ensures that the process is transparent and legally compliant, thereby avoiding […]
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25. 11
2024
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Insights into Breach of Contract Issues for Business in India

Contracts are the lifeblood of commercial transactions. However, when one party fails to honour their obligations, it can create substantial legal and financial consequences. Breach of contract issues for business in India is governed by the Indian Contract Act, 1872, which provides detailed provisions for dealing with both actual and anticipatory breaches​.  Interestingly, breaches aren’t […]
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Construction Disputes in India
13. 11
2024
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Blueprints of Conflict: Construction Disputes in India

The Growing Terrain of Construction Disputes in India The rapid expansion of India’s construction sector, driven by ambitious infrastructure projects and real estate booms, has inevitably led to an increase in Construction Disputes in India. From engineering marvels to residential complexes, this high-stakes industry is a legal minefield, with disputes often arising over contract terms, […]
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Construction Arbitration in India
11. 11
2024
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Diverse Facets of Construction Arbitration in India

The construction industry, a cornerstone of India’s economic framework, often witnesses complex disputes arising from large-scale infrastructure projects. These disputes, typically involving delays, cost overruns and breach of contractual obligations, demand a swift and specialized resolution mechanism—this is where Construction Arbitration in India emerges as an essential legal recourse. Arbitration in the construction sector is […]
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What are the forms of business organisation in India
08. 11
2024
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What are the forms of business organisation in India

When it comes to setting up a business, choosing the right legal structure—commonly referred to as the “form of business organisation”—is one of the most critical decisions an entrepreneur can make. The choice affects everything from taxes to liability, management and even the ability to raise capital. In India, as well as globally, each form […]
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