We know very well that the provisions of the Companies Act, 2013 (Act, 2013), and the rules framed thereunder, mandate companies to file requisite documents, including Annual Returns and Financial Statements, with the concerned Registrar of Companies (ROC) of their jurisdiction. Accordingly, every Company is required to file its Annual Accounts and Annual Return as […]
The definition of Court under Section 2(29) the Companies Act, 2013, (Act, 2013) also includes a ‘Special Court’ constituted under Section 435 of the Act, 2013. Chapter XXVIII constituting Sections 435 to 446B deals with the Special Courts under the Act, 2013. The definition of Court under Section 2(29) the Act, 2013 may be read as under: – “(29) “Court” […]
Applicability of Code of Criminal Procedure, 1973 (CrPC 1973) to the proceedings before the Special Court designated under Section 435(1) of the Companies Act, 2013 It is submitted that Section 2(29) (Definition of Court) of the Companies Act, 2013 (“Act, 2013”) has been notified on 12.09.2013 except clause (iv). Later on, in exercise of the […]
Loan to Directors etc. Exemption to Private Company by Notification June 5, 2015-Whether still available after Companies (Amendment) Act, 2017 [Ref: Exemption Notification No GSR 464(E), June 5, 2015 & Companies (Amendment) Act, 2017] Section 185 of the Companies Act, 2013 (“CA, 2013”) was notified on September 12, 2013 and came into force on the same date […]
[Ref: In Notification No. G.S.R. 794(E) dated 24.12.2020] Recently, the Ministry of Corporate Affairs (MCA) has amended eForm SH-7 (Notice to Registrar of any alteration of share capital) vide Notification No. G.S.R. 794(E) dated 24.12.2020. In exercise of the powers conferred by sub-sections (1) and (2) of Section 469 of the Companies Act, 2013 (“Act, 2013”) , […]
The law relating to criminal procedure applicable to all criminal proceedings in India is contained in the Code of Criminal Procedure, 1972 (Code). The Code is an Act to consolidate and amend the law relating to Criminal Procedure. The ‘Cognizable and Non-cognizable Offences’ have been categorised under the Code as cognizable and non-cognizable offence. It […]
The definition of Court under Section 2(29) the Companies Act, 2013, (the Act, 2013) also includes a ‘Special Court’ constituted under Section 435 of the Act, 2013. Chapter XXVIII constituting Sections 435 to 446B deals with the Special Courts under the CA, 2013. The definition of Court under Section 2(29) the Act, 2013 may be […]
Section 441 of the Companies Act, 2013 (CA, 2013) deals with Compounding of offence. Compounding of offences is not new under the Company Law; similar provisions were also present in Section 621A of the Companies Act 1956 (erstwhile Act). According to Section 441(1) of the CA, 2013, as amended by the Companies (Amendment) Act, 2017 w.e.f. 09.02.2018 […]
Primarily Section 83 of CGST Act 2017 permits to attach property. Property means an asset which may be movable, immovable, tangible, intangible or in the form of some instrument.
Permission of Special Court- No more required for Compounding of Offence under Companies Act, 2013 Before the amendment brought by the Companies (Amendment) Ordinance 2018, the permission of the ‘Special Court’ was required for compounding of any offence which is punishable under this Act, with imprisonment or fine, or with both. The sub-section (6) of […]
