With the replacement of the Companies Act, 1956 (‘the Old Act’) by the Companies Act, 2013 (‘the New Act’), Section 117 was adopted w.e.f. 01.04.2014 in corresponds to Section 192 of the Old Act. However, it is pertinent to note that with the passage of time, some amendments were made in Section 117 of the […]
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 (‘the 2013 […]
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.
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 […]
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 […]
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 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 […]
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 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 […]
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 […]
