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
Corporate Law : The J&K&L HC quashed Nazir Ahmad Ronga’s detention under the Public Safety Act, citing vague allegations and lack of evidence, s...
Corporate Law : Explore the equity principle in taxation, covering fairness, horizontal & vertical equity, progressive vs. regressive taxes, and g...
Corporate Law : Kerala HC quashes rape case, stressing case-specific analysis of allegations. Assumption that women won’t file false sexual assa...
Corporate Law : Bihar, despite its population and legal challenges, lacks even one High Court Bench. Examining the disparity in bench distribution...
Corporate Law : Explore the concept, types, and legal aspects of dividend policies in India, covering profitability, taxation, and shareholder eli...
Corporate Law : Update on CCI's order regarding WhatsApp and Meta's data sharing. NCLAT's interim stay and government measures to prevent data mis...
Corporate Law : Overview of IBC 2016's impact, amendments, and government's stance on further changes, including flat registration in insolvency c...
Corporate Law : Rupee depreciation affects imports and exports. RBI intervenes to manage volatility, using forex reserves to stabilize the currenc...
Corporate Law : Clarification on share certificate claims under Rs. 5 lakh, legal heir acceptance, and applicant authenticity measures by the Inve...
Corporate Law : Government clarifies the status of Barshi Textile Mills under IBC 2016, addressing worker payments, company status, and cooperativ...
Corporate Law : NCLAT Delhi held that issuance of notice under rule 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority for ...
Corporate Law : Kerala HC rules bank can pursue SARFAESI against mortgaged property despite borrower's joint venture in a separate company's resol...
Corporate Law : Karnataka HC upholds Flipkart's stance on TDS under Section 195, ruling seconded employees' salaries as reimbursements, not taxabl...
Corporate Law : Charging tolls on bad roads was unfair and ordered an 80% reduction in toll fees at 2 key toll plazas as tolls were meant to provi...
Corporate Law : Calcutta High Court held that gratuity doesn’t form part of liquidation estate. Hence, entire dues of workers would not come und...
Corporate Law : IBBI mandates detailed disclosure of carry forward losses in the Information Memorandum (IM) to enhance transparency in corporate ...
Corporate Law : FSSAI directs FBOs to update Form IX nominee details and enables auto-approval for Non-Form C modifications in FoSCoS from Februar...
Corporate Law : The Immigration and Foreigners Bill 2025, introduced in Lok Sabha, consolidates laws on passports, visas, and foreigner registrati...
Corporate Law : IRDAI permits insurers to use Bond Forwards for hedging, subject to compliance with RBI directions, prudential norms, and operatio...
Corporate Law : IRDAI allows insurers to undertake Bond Forwards for hedging under specific conditions, aligning with RBI’s 2025 guidelines on...
M/s. Thermax Ltd. & Ors. Vs. K.M. Johnny & Ors. (Supreme Court of India)- Though civil law recognises the principle of ‘vicarious liability’ of directors of companies, the concept is not acknowledged in criminal law, the Supreme Court stated while allowing the appeal case, M/s Thermax Ltd Vs K M Johnny.
Land acquired by Government or its instrumentalities for a specific public purpose cannot be changed and transferred to private individuals or corporate bodies, the Supreme Court has held. A bench of justices G S Singhvi and Sudhansu Jyoti Mukhopadhaya said though Government enjoys power of “eminent domain” to compulsorily acquire any land for public purpose, yet,it cannot legitimise any fraudulent act of the authorities.
Many argue that the provisions of SARFAESI Act, 2002 are draconian in nature. Borrowers do often refer to their good relations with the Bank for a considerable time and they express angst at the Bank’s action under the provisions of the SARFAESI Act, 2002. The borrowers do often question as to why the Bank should not consider the reputation of the customer, understand the temporary difficulties and grant time rather proceeding against the ‘Secured Asset’ using the provisions of the SARFAESI Act, 2002 mechanically.
With a view to ensuring that premiums are paid out of clearly identifiable sources of funds, it has been decided to permit premium/proposal deposits remittances in cash beyond Rs. 50000/- per transaction subject to the customer quoting PAN. Insurers shall verify the authenticity of the details of PAN so obtained.In case of customers not required to have PAN orwith only agricultural income, Form 60/61 prescribed under the provisions of Income Tax Rules shall be obtained. From the perspective of AML/CFT guidelines, it becomes imperative to obtain the details of PAN of the person/entity funding the premium/proposal deposit on an insurance policy.
Censuring Standard Chartered Bank for raising undue credit card bills against a customer and trying to ‘extort’ money from him, a Delhi district consumer forum has asked the bank to pay him Rs 1.1 lakh as damages.The District Consumer Disputes Redressal Forum said raising undue credit card bill of Rs 74,000 and putting the customer’s name in defaulters’ list due to which he could not avail the services of any other bank was illegal and asked Standard Chartered to desist from such activities in future.
Yograj Infrastructure Ltd Vs Ssang Yong Engineering & Construction Co. Ltd. (Supreme Court of India)- SC ruled that where the seat of arbitration was Singapore, rules governing the arbitration were of the Singapore International Arbitration Centre (SIAC) and the substantive law of contract was Indian law, then Part I of the Arbitration and Conciliation Act, 1996 (the 1996 Act) was excluded by implication.
It may be true that Banks do face numerous difficulties in recovering the dues despite having ‘security’. But, there can not be any difficulty for the Banks in recovering their dues under SARFAESI Act, 2002. It is alleged that even the Debt Recovery Tribunals and Appellate Tribunal do favour Banks and keep on insisting on making substantial payment to the Bank without looking into the merits or demerits in the Appeal filed by the borrower under the Act. According to me, earlier, the High Courts used to discourage the borrowers filing Writ Petitions and Civil Revision Petitions under Article 227 either during the pendency of the Appeal before the Tribunal or before filing the Appeal.
The current contractual obligation imposing the condition that the claims shall be intimated to the insurer with prescribed documents within a specified number of days is necessary for insurers for effecting various post claim activities like investigation, loss assessment, provisioning, claim settlement etc. However, this condition should not prevent settlement of genuine claims, particularly when there is delay in intimation or in submission of documents due t0 unavoidable circumstances. The insurers’ decision to reject a claim shall be based on sound logic and valid grounds. It may be noted that such limitation clause does not work in isolation and is not absolute. One needs to see the merits and good spirit of the clause, without compromising on bad claims. Rejection of claims on purely technical grounds in a mechanical fashion will result in policyholders losing confidence in the insurance industry, giving rise to excessive litigation.
DI into construction development activities in the education sector and in respect of old-age homes has been exempted from the conditionalities imposed on FDI in the construction development sector in general i.e. minimum area and built-up area requirement; minimum capitalization requirement; and lock-in period. These conditionalities perhaps posed a constraint to FDI coming into these areas since educational institutions like schools, colleges, universities etc. as well as old-age homes have their own special requirements which do not necessarily fit these conditionalities
Fraudulent payments in the Accounts of EPFO through fake cheques‑ precautionary measure to avoid fraudulent payment- reg.
