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Hemant K Batra is a ardent speaker and writer on diverse topics of public importance be it legal, social, political or economic. By profession, he is a Strategist Business, Corporate & Commercial Lawyer, whose practice is concentrated across the Globe in general, specifically in India/South-Asia.

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Posted on : November 29, 2009
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Part 2: Anti-Corruption Compliance and Enforcement Issues In India – by Hemant K Batra
By Hemant K Batra
ANTI-CORRUPTION AGENCIES
India has a number of institutions at the federal and state level with authority to deal with allegations of corruption. Each state in India is responsible for setting up local anti-corruption agencies which have powers to investigate cases of corruption involving public officials at state level. The major federal anti-corruption institutions are as follows:
The Central Bureau of Investigation: The Central Bureau of Investigation (CBI) was set up in 1963 and it functions under the Ministry of Personnel, Pension & Public Grievances, Government of India. ......read more
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Posted on : October 21, 2009
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Part 1: Anti-Corruption Compliance and Enforcement Issues In India
By Hemant K Batra

“It is human nature to yearn for freedom. Therefore, those systems of organization, which are based on democracy and individual liberty, are most suited to human needs. Nevertheless the very conditions that allow for freedom in democracy are also open to abuse and provide greater opportunities for individual misdeeds.”                                           

-           S. Dalai Lama

India is committed to its objective of Zero tolerance against corruption internationally. ......read more

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Posted on : April 25, 2009
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The Validity of Pre-incorporation and Provisional Contracts: Indian Context
By Hemant K Batra
If one was to opine in context of the companies laws in India, a future company or for that matter anybody acting for a company, which is yet to be formed cannot execute a contract binding the said prospective company. In other words, a company which has not come into being cannot enter into a contract in it’s to be acquired name. Further, any contract so entered into cannot be made valid by a ratification post incorporation of the said concerned company; this is so because – such contracts are void ab initio and not voidable.
Yet, there is one exception, which is found in a non-companies law statute i.e. the specific relief statute. The exception recognizes the pre-incorporation contract in an eventuality where the promoters of a company have before its incorporation entered into a contract for the purposes of the company and such a contract is warranted by the terms of incorporation; and the company has post its incorporation accepted the contract and conveyed the same to the other party to the contract. ......read more
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