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Corporate Law : Submission of Appellant that since guarantee has not been invoked there is no debt cannot be accepted. Guarantee continues to bind...
Corporate Law : NCLT case of Indian Bank vs. Nimitya Hotel & Resorts Pvt. Ltd., where court deliberates on CoC's freedom to decide on settlement p...
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Corporate Law : Participate in the public consultation on amending Rule 3 of the Legal Metrology (Packaged Commodities) Rules, 2011. Deadline: 29....
These rules may be called the Maharashtra Shops and Establishments (Amendment) Rules, 2012. The provisions of rule 3, so far as it relates to insertion of rule 23 in the Maharashtra Shops and Establishment Rules, 1961, shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint which shall not be later than six month from the date of issue of this notification.
In a major policy decision, the Central Government has decided to allow Qualified Foreign Investors (QFIs) to directly invest in Indian equity market in order to widen the class of investors, attract more foreign funds, and reduce market volatility and to deepen the Indian capital market. QFIs have been already permitted to have direct access to Indian Mutual Funds schemes pursuant to the Budget announcement 2011-12. Today’s decision is a next logical step in the direction.
In exercise of the powers vested under Section 14(2) of the IRDA Act, 1999, the Authority issues the following order reforming the Indian Motor Third Party Pool System. The Authority hereby orders the dismantling of the existing Indian Motor Third Party Pool with effect from 31.3.2012.
ORDER NO. IRDA/NL/ORD/MPL/277/12/2011, Independent review conducted by the Authority through various agencies has revealed that the current framework of the pool is severely affecting the financial viability of the general insurance sector due to alarming capital depletion in the sector. The analysis of the data also revealed huge inefficiencies in claim settlement by the companies reflected in the average claim ratio which differed by as much as 100%.
GRIDCO Limited & ANR. Vs. Sri Sadananda Doloi & Ors. (SC) – There has been a notable shift from the stated legal position settled in earlier decisions, that termination of a contractual employment in accordance with the terms of the contract was permissible and the employee could claim no protection against such termination even when one of the contracting parties happened to be the State. Remedy for a breach of a contractual condition was also by way of civil action for damages/compensation.
The Insurance Regulatory and Development Authority (Insurance Brokers) Regulations, 2002 have laid down the functions of a Direct Broker in Regulation 3. Regulations 3(e) and 3(j) envisage that an insurance broker should render advice to a client on appropriate insurance cover and terms and assist in the negotiations of claims. However, as per Clause 7(e) of Schedule 3 of the said Regulations, an insurance broker should not to take up a recovery assignment on a policy contract which has not been serviced through him nor work as a claims consultant for a policy which has not been serviced through him.
The government is considering issuing new corporate governance guidelines by including good practices like tax compliance, to companies for voluntary adoption, Corporate Affairs Minister M Veerappa Moily said today. He said during Question Hour in Rajya Sabha that the Voluntary Guidelines for good corporate governance were old as they were issued in 2009 and did not include tax compliance.
References are received from various field offices pointing out that implementation of the instructions contained in the circular referred in Para 1 above will lead to return of claims already received in the office wherein the benefits payable are more than Rs. 10,000/-. This will lead to undue hardship to the PF beneficiaries.
Though fraud is not explicitly defined in the existing Companies Act there are offences in IPC which include aspects relating to fraud. Frauds of various types like falsification of financial statements through overstatement of assets/ understatement of liabilities, diversion of funds in Project financing, over/under invoicing and capital market, including criminal breach of trust, misappropriation of funds/assets etc. under the IPC have been reported by the SFIO in various cases investigated by it and cases against such companies are being pursued before the concerned courts, under provisions of relevant Act.
Arjun Industries Ltd & Anr Vs. Industrial Development Bank Of India & Anr.(Delhi HC) – Para 7 of the order dated 23.05.2007 reads as under:- ‘During the course of arguments, we had put to learned counsel for the parties that prima facie there does not appear to be any legal impediment or obstacle in the assignment of the debt by financial institution like IDBI. However, if the respondents wish to contest the O.A. filed by the petitioner before the Debt Recovery Tribunal on merits and/or to contend that petitioner was also bound by the settlement recommended for acceptance by the petitioner predecessor-ininterest i.e. IDBI or to urge any ground on merits in defence to the OA,