Read all latest corporate law news, articles, notifications & circular on Taxguru.in. News on laws related to DIPP Labour Minimum Wages Gratuity PF Arbitration Negotiable instrument Essential Commodities SRFAESI Competition Act Corporate Law
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The Competition Act, 2002 was enacted to regulate (a) anti-competitive agreements, (b) abuse of dominance, and (c) Combinations. The provisions relating to regulation of combinations (for instance mergers, acquisitions, amalgamations, takeovers etc.) had been in abeyance for some time. These have now been notified Vide Notification No. S.O. 479(E) dated 4 March, 2011 and shall come into effect from 1 June, 2011. On n May, 2011, the CCI has released The Competition Commission of India (Procedure in regard to the transaction of business relating to combination) Regulations, 2011 . Consequently, combinations covered by the prescribed monetary thresholds, based on assets or turnover of the parties (or groups) to the combination, shall now require filing and prior approval of the Competition Commission of India effective 1 June, 2011.
Effective from the year ending March 2011, all insurers are required to file a Certificate confirming compliance with the stipulations on public disclosures as under: (1) Compliance with disclosure requirements on the Insurer’s website (Annexure 1) ; and (2) Compliance with the requirements on publication in the Newspapers (Annexure 2).
Event and Entertainment Management Association versus Union Of India & Ors. (Delhi High Court)- Delhi HC has dismissed the petition seeking a direction to the Union of India, Ministry of Human Resource Development, to frame objective standards for determination and levying of royalties of various copyrighted works administered by Phonographic Performance Ltd and the Indian Performing Right Society Ltd and the mode of enforcing and administering such royalties. The association had also sought a further direction for investigation of the books of account of the two copyright societies to ascertain whether they have paid their dues to the owners/authors of copyrights. The association alleged that the government has failed to set down any objective standards and criteria for charging of royalties by the two societies, and the latter are therefore acting arbitrarily in fixing tariffs. The high court rejected the prayers stating that the fixation of tariff or royalties by the two companies in exercise of their powers under the Copyright Act is not arbitrary or unreasonable. The judgment explained that the law itself provided a mechanism for fixing tariffs and the matter can be dealt with by the copyright board.
The Competition Commission of India (CCI) today imposed a penalty of Rs one lakh each on 27 film producers on charges of colluding through a cartel to exploit theatre owners. The CCI imposed the fine on filmmakers after having found them guilty of entering into anti-competitive agreement.
Competition watchdog CCI on Wesdnesday pronounced the National Stock Exchange (NSE) guilty of abusing its dominant market position by adopting unfair trade practices in connection with currency derivatives trading. However, the quantum of fine to be levied on NSE is yet to be ascertained. “The Commission has pronounced NSE guilty of violating section 4 of the Competition Act, 2002. But it will decide on the quantum of fine only after hearing NSE. We have given them a week’s time to respond to our show cause notice,” an official told PTI.
he EPFO has issued an inter-department clarification on May 23, 2011 indicating that splitting of minimum wages for the purposes of PF contributions is not permissible. This Clarification, which has been issued in view of the lack of a uniform approach followed by the PF authorities in different states, seems to be an attempt by the labour department to settle the ongoing ambiguity with respect to the calculation of provident fund contributions.
The Competition Commission of India (CCI) today ruled out any conflict with Sebi over the recently notified merger and acquisitions (M&A) norms, saying the new regime would not clash with the market regulator’s takeover code. In an interview to PTI Bhasha, CCI Chairman Dhanendra Kumar said listed companies can hold shareholder meetings and follow Sebi’s listing procedures, even while its mergers proposals are being scrutinised by the competition watchdog.
Every claim made against an insurance company in respect of a loss, would be a claim within purview of claims “requiring to be paid or settled” under section 64UM(2) of Insurance Act.
J K College Of Nursing & Paramedicals vs. UOI & ORS (Delhi High Court)- It was held that if any establishment or employer claims to be not covered under the said Act, then it is for the employer to place sufficient cogent and convincing material before the designated authority in an enquiry under Section 7A of the Act, so as to satisfy the Authority with regard to non-applicability of the Act and further held that on failure to place any such material, the onus cannot be shifted on the EPF authorities to prove the applicability of the Act. It was yet further held that the EPF authorities under no circumstances can be in possession of necessary records evidencing the extent of strength of employees in any particular establishment.
Review of the policy on Foreign Direct Investment- Allowing FDI in Limited Liability Partnership firms-amendment to paragraphs2.1, 3.3.5 and 3.3.6 of ‘Circular I of 2011-Consolidated FDI Policy’. The Government of India has reviewed the extant policy on FDI and decided to permit FDI in LLP firms, subject to specified conditions.
