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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Competition is the best means of ensuring that the ‘Common Man’ or ‘Aam Aadmi’ has access to the broadest range of goods and services at the most competitive prices. With increased competition, producers will have maximum incentive to innovate and specialize. This would result in reduced costs and wider choice to consumers. A fair competition in market is essential to achieve this objective. Our goal is to create and sustain fair competition in the economy that will provide a ‘level playing field’ to the producers and make the markets work for the welfare of the consumers.
The pay revision of the officers and employees has been carried out by the Public Sectors Insurance companies in the year 2010-11 and Government by Gazette, Notification dated May 24, 2010 has revised upward maximum limit for Gratuity under “Payment of Gratuity Act 1972” from Rs. 3,50,000/- to Rs. 10,00,000. The above factors will lead to the increase in liability on account of gratuity which in turn will impact the insurers profitability significantly as they need to provide the same in the financial year 20010-11. This will cause a strain on their solvency as well as on their performance results. Ref:IRDA/F&A/CIR/ACT/069/04/2011 Date:18-04-2011
Cadila Pharmaceuticals Limited. vs Sami Khatib Of Mumbai (Medley Pharmaceuticals Limited). A division bench of the Bombay high court last week dismissed the appeal of Cadila Pharmaceuticals against the judgement of a single judge bench restraining Cadila from manufacturing, marketing or exporting medicinal preparations under the trade mark “Hb TONE”/ “HB TONE” or any other mark deceptively similar to the trademarks of another company, Medley Pharmaceuticals, namely “ARBITONE”, “RB TONE” or “HB RON”. The complaint was that Cadila was “passing off” the products with similar names.
The Supreme Court last week ruled that an arbitration clause in a contract would not exclude the power of the high courts or the Supreme Court to decide disputes between the parties. The court thus dismissed the appeal of East Central Railway in the case, Union of India vs Tantia Construction Ltd. In this case, the railway awarded a project to the construction firm. Later, additional work had to be done and the firm was asked to undertake that too, at the cost dictated by the railway. This was resisted by the firm which moved the Patna high court. It stated that the entire work could not be thrust on the firm at its risk and cost. The government appealed to the Supreme Court, arguing that it could vary the nature of the work according to the terms of the contract. The government also argued that the courts could not interfere in the dispute as there was an arbitration clause.
Owning a vehicle would now pinch your pockets even more, with third-party motor insurance premiums set to rise by up to 65 per cent for two-wheelers, private cars and heavy load carriers from April 25. The premiums are being revised after a gap of four years, the sector watchdog Insurance Regulatory and Development Authority (IRDA) said, adding, from now onwards the third-party motor insurance premium rates would be revised annually.
A Supreme Court bench has recused itself from hearing cash-strapped retailer Subhiksha’s petition seeking a stay on criminal proceedings initiated against it after a cheque issued to Kotak Mahindra Bank was dishonoured. A bench of justices Markandey Katju and Gyan Sudha Mishra opted out of hearing the plea filed by Subhiksha. “List before another bench to be nominated by the Chief Justice of India,” the bench said.
Ministry of Communications and Information Technology, Government of India had put up during draft rules under section 43A and 79 of Information Technology Act, 2000. Section 43A provides for compensation for failure to protect senry sitive personal data by body corporates, who are expected to implement and maintain reasonable security practices and procedures as prescribed by Central Government. In this regard, the draft rules lay down for compulsory Privacy Policy by body corporates and also provide for restriction on disclosure of information to third party, which cannot be made except with prior permission of the information providers.
IRDA/NL/NTFN/MOTP/066/04/2011 – By virtue of the power vested in the Authority under Section 14(2) (i) of the IRDA Act, 1999, it is hereby notified that with effect from 25.04.2011, the rates of premium applicable to Motor Third Party Liability Insurance business shall be as set out in Annexure-I to this notification. The Authority has noted that Motor Third Party premiums were revised in the past at 4/5 year intervals. Such long intervals between rate revisions cast an avoidable strain on policyholders as well as on the insurance companies. Premiums need to be reviewed regularly depending upon the average claims which have been awarded by the various courts, frequency of claims for each class of vehicle and inflation amongst other factors. During the consultation process, certain stakeholders had also suggested that an annual review would ease the burden of adjusting to changes in premia consequent to changes in these financial parameters.
Union Minister of Corporate Affairs Shri Murli Deora has convened a special meeting on 25th April, 2011 at Mumbai to listen the views of Corporate India on issues relating to competition. The meeting has been called after a discussion with Secretary, Shri D.K. Mittal Ministry of Corporate Affairs Shri D.K. Mittal and Chairman, Competition Commission of India, Shri Dhanendra Kumar on concerns raised by Corporate India on regulations of merger and acquisition by the Competition Commission of India w.ef. 1st June, 2011.
Rallis India Ltd. Vs. Poduru Vidya Bhusan & Ors. (Supreme Court) – When partners of a firm issue cheques which are dishonoured, it is presumed that they were responsible for issuing them unless they prove that they were not in charge of the daily affairs of the firm. They have to discharge the burden during the trial under the Negotiable Instruments Act, the Supreme Court stated in the case, Rallis India Ltd vs Poduru Vidya. In this case, the company filed criminal complaints against three partners. They denied responsibility arguing that they had resigned before the date of the cheques. The Andhra Pradesh accepted their plea and quashed the criminal cases against them. Rallis appealed to the Supreme Court. It set aside the high court judgement and stated that the partners’ denial of responsibility and their status at the time of the issuance of cheques must be tested during the trial. The complaint against them could not be quashed by the high court using its discretionary power.
