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Contingent Clause in Rent Deed to Increase Rent each Year

August 8, 2020 12549 Views 0 comment Print

Recently, in a matter of Civil Appeal No. 2617 of 2020, the Supreme Court, vide their judgment dated 17th June, 2020,  has observed that where a rent deed contains a contingent clause which binds the tenant to increase the rent by certain percentage each year, it cannot be read to mean that the tenancy was for a period of more than one year.

Filing of unadopted and/or unaudited financial statement with ROC

August 6, 2020 92067 Views 3 comments Print

Section 129(2) of the Companies Act, 2013 (‘the Act, 2013’) makes it mandatory, on the part of the Board of Directors of the Company, to lay the financial statements of the Company for the financial year before at every Annual General Meeting (AGM). These financial statements should be adopted in that AGM. Section 137(1) of […]

Adjournment of AGM after maximum allowed time-limit | Section 96 | Companies Act 2013

August 5, 2020 62451 Views 2 comments Print

We know that a Company is a separate legal entity different from its members and its affairs are generally done by Board of Directors of the Company. It is Board of the Company who provides a road map within its limited power for the progress of a Company. Under the Companies Act, 2013, certain powers […]

Disclosure of Interest by Director under Companies Act 2013

August 2, 2020 77139 Views 1 comment Print

Section 184 of the New Act relates to ‘Disclosure of interest by directors’. The object of Section 184 of the New Act is to bring to the notice of the directors the conflict of interest and duty of any of their colleagues on the Board.

Pre-emptive rights of Existing Shareholders for further issue of shares

July 31, 2020 27162 Views 1 comment Print

Pre-emptive rights of Existing Shareholders for further issue of shares under Section 62 of the Companies Act, 2013 Currently, Section 62 of the Companies Act, 2013 are in operation to increase subscribed capital of the company by issue of further shares. As per this section further shares can be issued in different mode as under- -By […]

Reverse Charge Mechanism (‘RCM’) in case of purchase from unregistered supplier

July 28, 2020 81489 Views 4 comments Print

The provision that has gathered maximum attention for its ability to create significant stress and nuisance would clearly be Section 9(4) of the Central Goods and Services Tax Act, 2017 (‘CGST Act’). Before we go to that, we should understand Reverse Charge Mechanism. Reverse Charge Mechanism (RCM). Normally, the supplier of goods or services pays […]

Financial year & First AGM of newly incorporated Company

July 26, 2020 172494 Views 4 comments Print

Financial year and First Annual General Meeting (AGM) of newly incorporated Company. Under the Companies Act, 1956 (‘Old Act’), it was open to the Companies to determine any period as their financial year (for example- 1st April to 31st March or 01st January to 31st December). However, the Companies Act 2013 (‘New Act’) did not give this leverage as New Act […]

New Consumer Protection Act, 2019- False & Misleading Advertisements

July 25, 2020 31641 Views 0 comment Print

The Consumer Protection Act, 2019 (‘New Act’) received the assent of the President of India and was published in the official gazette on 9th August 2019. This New Act will replace the old Consumer Protection Act, 1986 (‘Old Act’). The New Act will come into force on such date as the Central Government may so […]

Power to declare any terms of contract as ‘null & void’ under New Consumer Protection Act, 2019

July 25, 2020 7281 Views 0 comment Print

The Consumer Protection Act, 2019 (‘New Act’) received the assent of the President of India and was published in the official gazette on 9th August 2019. This New Act will replace the old Consumer Protection Act, 1986 (‘Old Act’). The New Act will come into force on such date as the Central Government may so […]

Inclusion of E-commerce under New Consumer Protection Act, 2019

July 24, 2020 7548 Views 0 comment Print

The Consumer Protection Act, 2019 (‘New Act’) received the assent of the President of India and was published in the official gazette on 9th August 2019. This New Act will replace the old Consumer Protection Act, 1986 (‘Old Act’). The New Act will come into force on such date as the Central Government may so […]

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