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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Glodyne Technoserve Ltd. Vs. State of M.P. & Ors. (Supreme Court) – The Supreme Court has dismissed the appeal of Glodyne Technoserve Ltd, which had bid for a project for issuing identity cards for the public distribution system in Madhya Pradesh. The government rejected it offer as it did not produce the latest ‘quality certificate’ with the bid document. The firm argued that it did have the latest certificate and therefore it was eligible to be considered. It also contended that the requirement for producing the latest certificate was added later by the government in a corrigendum to the bidder check list. Rejecting these arguments, the Supreme Court stated that in such circumstances, the authority inviting bids has the discretionary power to accept the bid or not. The decision can be quashed only if it was proved to be arbitrary or perverse. In this case, it was neither, the court declared.
The Supreme Court last week directed Glaxo India Ltd to deposit Rs 71.21 crore in the Drug Prices Equilisation Account, asking it to comply with the demand of the government. The central government had issued drug price control orders under the Essential Commodities Act fixing the maximum selling price of bulk drugs. Those notifications were challenged by the pharma company as arbitrary and illegal. The Supreme Court allowed the appeal of the government and stated that several drug companies were overcharging the consumers and the notifications were meant to control prices to benefit consumers.
The Supreme Court has stated that the debt recovery appellate tribunal has no power to exempt a defaulter from making a pre-deposit before entertaining his appeal under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act. In this case, Narayan Chandra vs UCO Bank, the tribunal granted exemption. The Calcutta high court set aside the order. He appealed to the Supreme Court which upheld the high court ruling.
The Supreme Court has dismissed the appeal of New India Assurance Company which had rejected the claim of a ship-breaking firm for compensation. The firm bought a Belgian vessel and was bringing it from Singapore on its ‘funeral voyage’ to Alang port in Gujarat for demolition. It wrecked on way in high seas due to bad weather. The ship was covered by marine insurance and the ship-breaker invoked the policy. The insurer rejected the claim leading to litigation in the consumer forum. The National Consumer Commission asked the insurance company to pay Rs 14 crore with 9 per cent interest to Priya Blue Industries, the scrap dealer in ships. However, the insurer appealed to the Supreme Court. It ruled that the loss suffered due to the ship wreck was properly assessed by the surveyors and the commission order was correct.
No NBFC shall contribute to the capital of a partnership firm or become a partner of such firm. A NBFC, which has already contributed to the capital of a partnership firm or was a partner of a partnership firm, shall seek early retirement from the partnership firm.
Pricing of Convertible instruments. Issue of Shares permitted against specified non-cash considerations under Approval Route. Approval / conditionalities surrounding previous joint venture/collaborations done away with. Guidelines relating to Down-Stream investments. Sector Specific policy for FDI- Agriculture. The revised FDI policy does carry the process of liberalization further and would assist in augmenting FDI into the Country. However, the revised FDI policy has kept at bay significantly expected changes such as permitting FDI in Limited Liability Partnership, Multi-Brand Retail Trading and several other subjects on which draft discussion papers were released earlier for public comments. It is important that these areas are also taken up the Government for liberalisation towards making India one of the most favourable FDI destinations in the world.
The government has called a Foreign Investment Promotion Board (FIPB) meeting on April 20, the first one after it announced major changes in FDI norms, to approve proposals for foreign direct investment. While the agenda of the 165th FIPB meeting was being finalised, sources said the Board may also consider those cases on which decisions were deferred in the past.
“ICICI is an Indian bank, but it is over 50 per cent (equity) foreign owned, it is owned by foreigners in that sense…for downstream investment it is a foreign company…,” Department of Industrial Policy and Promotion (DIPP) Secretary R P Singh told reporters here.The government today said that ICICI Bank and other lenders whose more than 50 per cent equity is owned by overseas entities will be treated as a foreign company for the purpose of computing FDI.
India Thursday announced an updated foreign direct investment (FDI) policy that simplifies joint venture norms and opens up new areas for overseas funds. The updated policy allows overseas firms in existing joint ventures to operate separately in the same business segment. Earlier, they needed prior approval from their Indian partners. ” FDI policy is part of ongoing efforts of procedure simplification and foreign direct investment rationalisation, which will go a long way in inspiring investor confidence,” Commerce and Industry Minister Anand Sharma said in a statement.
Investment in infrastructure holds the key to India’s economic growth. It has been projected that India’s investment requirement in the 12th Five Year Plan is over a trillion USD of which half is expected to come from the private sector. To encourage greater private sector participation in the development of infrastructure in the country, the Union Finance Minister Shri Pranab Mukherjee during his budget speech of 2011-12 announced the decision of the government to further liberalise the policy relating to the investment in corporate bond market.
