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Corporate Law : Karnataka High Court rules that payments to Fugro for geological surveys do not qualify as fees for technical services under DTAA ...
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Corporate Law : The Supreme Court overturned the Andhra Pradesh High Court's decision to condone a 1011-day delay in filing a second appeal, citin...
Corporate Law : PFRDA has issued regulations for the Unified Pension Scheme under NPS, applicable to Central Government employees from April 1, 20...
Corporate Law : IRDAI reconstitutes its Insurance Advisory Committee, appointing five new members. The notification takes effect from its publicat...
Corporate Law : IBBI mandates detailed disclosure of carry forward losses in the Information Memorandum (IM) to enhance transparency in corporate ...
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Corporate Law : The Immigration and Foreigners Bill 2025, introduced in Lok Sabha, consolidates laws on passports, visas, and foreigner registrati...
The Ministry has constituted an Expert Group to study the legislative and regulatory architecture of The Societies Registration Act, 1860 governing the functioning of societies in India and also to study the ground situation with respect to the operation of the said Act so as to identify the regulatory gaps and oversight mechanism with a view to formulate a Model Law on the subject. The Expert Group has submitted its report to the Ministry on 5.07.2012 proposing a legislation titled as ‘Multi-state Societies Registration Bill, 2012’. The Report and the proposed Bill has been uploaded for ready access at the website of the Ministry of Corporate Affairs viz. www.mca.gov.in.
a. In the appointment of stockists by way of issue of ‘NOC’ and regulating the number of stockists in contravention of Section 3(3)(b) of the Competition Act, 2002. b. In preventing and restricting the retailers from allowing discounts to the consumers in contravention of Section 3(3)(a) of the Competition Act, 2002. As mentioned earlier a suo motto investigation be initiated into the nexus between associations both horizontal and vertical for as observed most of the practices have evolved over several decades. In fact, association in the pharma industry associations have impacted on several activities along the value chain.
Citizens very often complain about our legal system and as to how the Courts are functioning in this country. People having experience with Courts will explain in detail as to how our system functions. Unless one is a habitual litigant misusing the Court process knowing the ‘loop-wholes’, citizens are afraid to approach Courts in this country and they compromise their rights and entitlements at times rather going Courts. Every one knows the issues of pendency in Courts, often alleged corruption, deficiency in service at times and problems with the technicalities.
In the notification of the Government of India, Ministry of Corporate Affairs published in the Gazette of India vide G.S.R.(E) 1/242… Dated 5th June, 2012 relating to Limited Liability Partnership (Amendment) Rules, 2012, in page number 2, in point number 5. for “In the said rules, for Forms 1 to 31, the following forms shall be substituted, namely:-” , read “In the said rules, Form 32 has been inserted and for Forms 1, 2, 3, 4, 5, 8, 11, 12, 15, 17, 18, 22, 23, 24, 25, 27, 28, 29, 31, the following forms shall be substituted, namely:-“
A good legal system represents good governance in the Country. We may say that India is a vibrant democracy and we may further proudly say that Indian society reflects ‘Unity in Diversity’. There are critics of democracy and they show caste politics, purchasing votes in elections, leaders looting billions of public money and criminals getting elected in the elections. Whatever may be the achievements of India and the criticism, the fact remains that India is a complex nation and issues are so complex.
Central Government hereby makes the following amendments in the notification number S.O. 891(E), dated the 31st March, 2009, namely:- 2. In the said notification,- (a) after serial number 5 and the entries relating thereto, the following serial number and entries shall be inserted, namely: 5A. Section 51
Circumstances in which LLP may be wound up voluntarily.- (1) Any LLP may be wound-up voluntarily if the LLP passes a resolution to wind up the LLP with approval of at least three-fourths of the total number of its partners: Provided that where the LLP has creditors, whether secured or unsecured, the winding up shall not take place unless approval of such creditors takes place in pursuance of rule 7.
Partnership: Partnership (regulated by Partnership Act, 1932) is one of the preferred business vehicles by entrepreneurs in India. In-fact, India is one of a country which recognizes partnership as a taxable entity (assessee) under the Income Tax Act, 1961. Less stringent regulations, low compliance cost, ease, speed and flexibility of the structure are few of the attractions of the Partnership. Unlimited liability of partners, absence of incorporation status and perpetual succession are three significant drawbacks of the Partnership Structure.
After the constitution of Debt Recovery Tribunals (DRT) and Debt Recovery Appellate Tribunals (DRAT) under The Recovery of Debts due to Banks and Financial Institutions Act, 1993 and after conferring the authority to entertain appeals from the aggrieved persons under section 17 of SARFAESI Act, 2002, Banks have gained an upper-hand in the course of recovery of their dues. It is hard to see a Bank now going to Civil Court or facing a Civil Proceeding in-respect of recovery of their dues.
Under the provisions of ‘Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ in short), the Bank can invoke the process of recovery of money on its own without any adjudicatory process. The Banks can proceed with the enforcement of ‘security’ under the provisions of SARFAESI Act, 2002. If any borrower or any person is aggrieved with the action initiated by the Bank under the provisions of SARFAESI Act, 2002, then, he can approach the Debt Recovery Tribunal (DRT) under section 17 of the Act by paying the prescribed fee.