Avtar Singh's Business Law + Avtar Singh's Company Law An Introduction

Avtar Singh's Business Law by Varun Malik

Dr. Avtar Singh's Business Law discusses six different areas of law which are interrelated but separate domains and each one of them is capable of being discussed in a separate legal commentary. This book, however, is written and revised with the purpose of giving a basic insight to the reader into each one of those domains.

The book begins with the most basic instrument of commerce viz. a contract. The discussion under the part is not restricted to the language of Contract Act but extends to principles which preceded and succeed the Act and in turn define the basic tenets of the law as it stands today. The second and third part of the book discuss certain specific applications of law of contracts. These practices were codified in India in the Sale of Goods Act and it is the discussion around this Act and general principles of the law of sale of goods that the second part of the book deals with. The third part of the book discusses applicability of contractual principles in creating a business entity, evolving from the model of traditional sole proprietorship/ agency in sole proprietorship business etc. The law governing partnerships and limited liability partnerships is dealt along with the law on partnerships; and law governing the companies is dealt in a separate part of the book. IPR, Company and Competition Law are also covered at length.

The current book updates the previous edition in light of the statutory amendments and judicial developments in all the above mentioned areas. The amendments brought in (a) the IP legislations in light of Commercial Courts Act, 2015 (b) the Limited Liability Partnership Act in 2021, (c) the Companies Act in light of amending statutes of 2018, 2019 and 2020 form a part of the book. Further, the major Supreme Court and High Court decisions passed since the publication of the previous edition, pertinent to all the above-mentioned areas, have been incorporated in relevant parts of the book.

This book follows a simple and lucid style for easy understanding of the subject and has long been on the list of recommended books for the use of students of Law, Commerce, MBA, Cost Accountancy, Cost and Works Accountancy, Company Secretaryship, etc

Reviews

It is an improved version with updated Indian case law and foreign case law on the subject. A profusion of headings and sub-headings has also been provided so as to facilitate the easy location of any issue under consideration. The book is recommended for corporates, advocates, and other professionals as also students undergoing professional courses.

- Chartered Secretary

Avtar Singh's Company Law An Introduction

Dr Avtar Singh's Company Law: An Introduction has been revised extensively in light of all the Companies Amendment Acts passed by Parliament to date and it incorporates all amendments that have been made to the Companies Act, 2013. These amendments include changes to relevant definitions related to the substantive provisions and administration of the company for better governance. For example, to promote transparency, the Companies (Amendment) Act, 2019 has provided for physical verification of the registered office of a company if the Registrar has reason to believe that the company is not carrying on any business or operations. The updated CSR provisions have also been included which allow the company to contribute to many more areas. The book also includes the revised penalties for violation of provisions of the Act in light of the Amendment Act of 2020 that has decriminalised various offences. Imprisonment as punishment has been removed for contravention of the Sections relating to buy back of securities, financial statements and board reports, and disqualification of directors being some of the important changes. The Amendment Acts have also provided for the imposition of stringent punishment for repeated offences which should lead to corporate governance reforms. This book further discusses the provisions relating to the registration and incorporation of the company, removal of the name of the company from the register along with provisions relating to winding up and annulment of dissolution. Mediation and conciliation form a very prominent aspect of the law in corporate disputes which have also been discussed.

The chapters of the book have been suitably rearranged by the revising author Prof. Rinita Das to reflect a more logical flow of topics and avoid repetition. This book is further enriched by the cases as decided by the courts from time to time. Corporate personality and its administration centres on the opinion of the courts as decided by Bengal Chemists & Druggists Assn v Kalyan Chowdhury, (2018) 3 SCC 41, Hooghly Mills Co. Ltd. v.State of W.B., (2020) 18 SCC 568 and Shailendra Swarup v Directorate of Enforcement, (2020) 16 SCC 561 etc. and are integrated throughout the book to illustrate key topics.

This book shall be especially helpful for the students pursuing professional courses like LL B, LL M, CA, CS and ICWA. It should also come to the aid of young associates interested in Corporate Law, Company Secretaries and Managers.