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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....
New India Assurance Co. Ltd. vs Manjit Singh & Ors. on 18 May, 2011 – An insurance company would not be liable for payment of compensation in a motor vehicle accident if the driver had been transporting passengers on a learner’s licence, the Delhi High Court held in the case, New India Assurance Ltd vs Manjit singh. However, the company has to pay the decreed amount to the claimants first and then recover it from the driver and owner of the offending vehicle, the judgment said. In this case, a woman died when an auto rickshaw turned turtle due to rash and negligent driving. One of the issues raised was whether the insurance company would be absolved from the liability to pay. The company argued that the driver and owner had violated the terms of the insurance policy by allowing the vehicle to be driven by one without proper and valid licence. The high court ruled that transporting passengers on a learner’s licence, without being accompanied by a licensed driver, would be violation of the insurance policy and the insurer was not liable to pay the compensation amount.
Cellular Operators Association of India & Ors. Versus Municipal Corporation of Delhi.(Delhi High Court) – The challenge by the petitioners is primarily to the fee prescribed for grant of permission. However, certain other terms and conditions imposed are also challenged. It is the contention of the petitioners that imposition of fee and any other condition for installation of towers is beyond the purview of the jurisdiction of MCD. The writ petitions were accompanied with applications for interim relief.
The Supreme Court last week ruled that the criminal trial of directors of a company accused of forging documents to get loan from a bank could not be quashed merely because the loan has been repaid with interest. In this case, Sushil Suri vs CBI, some directors of a pharmaceutical firm, Morpen Laboratories Ltd of Delhi, were charge-sheeted for fabricating false invoices to obtain a hire purchase loan from Punjab & Sind Bank. On information, CBI investigated and charged the directors with fraud, forgery, conspiracy and other criminal offences. Some directors moved the Delhi high court seeking to quash the charge sheet. They argued that they had repaid the loan with interest and therefore the bank or anyone else has not suffered any loss. The high court dismissed their petition. The Supreme Court stated that the high court was justified in doing so as a prima facie case for trial has been made out despite the repayment of the loan.
The Supreme Court last week set aside a Delhi high court judgment holding that the high court had no power to entertain an international arbitration petition in the appeal case, Videocon Industries Ltd vs Union of India. A production sharing contract was entered into between the government and a consortium of four companies consisting of […]
FDI in LLPs will be allowed under the Government Approval Route in those sectors / activities where 100 percent FDI is allowed under the Automatic Route and there are no FDI-linked performance related conditions. The LLPs with FDI will not be allowed to operate in Agricultural / Plantation Activities, Print Media or Real Estate. The LLPs with FDI will not be eligible to make any Downstream Investments.
In a landmark judgment, Supreme Court restores Rs. 5,05,053 compensation for permanent injury in motor accident, emphasizing pain and suffering.
Presently Authorized Dealers Category- I bank (AD) is permitted to open Escrow account and Special account on behalf of non-resident corporates for acquisition / transfer of shares / convertible debentures of an Indian company through open offers / delisting / exit offers, subject to compliance with the relevant SEBI [Substantial Acquisition of Shares and Takeovers] Regulations, 1997 and other applicable SEBI regulations. In all other cases, opening / maintaining of Escrow accounts for FDI related transactions required prior approval from RBI.
The Government of India has issued updates to the FAQ on Provident Fund [PF] for international workers [IWs] on 6 May 2011 with a view to provide greater clarity on the applicability of PF regulations. This FAQ addresses few of the open issues that were present after the earlier notification tightening PF withdrawal provisions. This article sets out the key clarifications provided in the FAQ whilst highlighting the open issues.
– Cabinet Committee on Economic Affairs of the Government of India have decided to permit Foreign Direct Investment (FDI) in Limited Liability Partnership (LLP) which are formed under the Limited Liability Partnership Act, 2008 [LLP Act]. Presently, FDI is allowed in Indian companies. It is allowed in a firm or a proprietary concern, subject to certain conditions. FDI in a trust is also allowed with prior Government approval, provided it is a Venture Capital Fund (VCF) registered with Securities and Exchange Board of India [SEBI]. LLP Act permits setting up of hybrid entity, which has the features of a body corporate and a partnership for the purpose of undertaking business in India.
The Supreme Court today banned the production, sale and use of controversial pesticide Endosulfan in the country for the next eight weeks, holding that human life is more important than anything else. Keeping in mind various judgements of this court under Article 21 (right to life and liberty) of the Constitution and particularly keeping in mind the precautionary principle we, hereby, direct and pass ad-interim order for immediate ban on production and use of Endosulfan all over India, a bench headed by Chief Justice S H Kapadia said.
