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 : Punjab & Haryana HC grants relief to son of a soldier injured in anti-terror operation in J&K, asserting his entitlement to a job ...
Corporate Law : Understand the applicability, compliance, penalties, and best practices of the POSH Act for Private Limited Companies in India wit...
Corporate Law : Learn how companies can build stakeholder trust through communication, engagement, transparency, and a structured redressal mechan...
Corporate Law : Trademarks are critical for businesses to differentiate their goods or offerings from others in market. They help construct brand...
Corporate Law : Understanding conveyance & deemed conveyance in housing societies, legal provisions, benefits, and challenges under MOFA, RERA, an...
Corporate Law : The National Pension System (NPS) offers flexible, low-cost pension options with digital accessibility, aiming to expand coverage ...
Corporate Law : ICAI held its Convocation 2025 across 13 locations, awarding 19,075 Chartered Accountants with membership. The Governor of West Be...
Corporate Law : The Indian government has not assessed the IBC’s impact on tax revenue loss and has no plans to amend tax priorities under insol...
Corporate Law : IBBI proposes key amendments to CIRP, liquidation, and personal guarantor insolvency, aiming to enhance efficiency, transparency, ...
Corporate Law : FIU-IND imposed a ₹9.27 crore penalty on Bybit for violating PMLA compliance. The platform operated without registration, leadin...
Corporate Law : Madras High Court held that Section 10-A of the Insolvency and Bankruptcy Code, 2016 cannot be extended to cases where default con...
Corporate Law : Bombay HC quashes order by Additional CIT, emphasizing CBDT or its members must explicitly issue orders under Section 119(2)(b) of...
Corporate Law : NCLAT upholds rejection of IBC Section 9 application against HUL, citing pre-existing disputes and claims below the Rs. 1 crore th...
Corporate Law : NCLAT Delhi upheld the CoC's decision to extend CIRP and withdraw liquidation, rejecting the appeal against the Resolution Profess...
Corporate Law : NCLAT Delhi held that distribution of liquidation proceeds has to be in proportion to the admitted claim of secured creditors as p...
Corporate Law : IBBI updates reporting rules for insolvency professionals, requiring timely assignment updates on its portal for CIRP, liquidation...
Corporate Law : PFRDA issues a master circular on service charges for PoPs under NPS (All Citizen & Corporate) and NPS-Lite, consolidating past ci...
Corporate Law : IBBI issues a disciplinary order against Akash Shinghal for non-compliance with CIRP regulations. The case involves voting and CoC...
Corporate Law : IBBI Disciplinary Committee reviews the case of Insolvency Professional Anil Kumar Mittal for excessive fees during CIRP proceedin...
Corporate Law : IBBI releases Phase 9 syllabus for Limited Insolvency Examination. Applicable from May 5, 2025, details available on the IBBI webs...
Foreign Contribution Regulation Act (FCRA) 2010 has been notified and it has come into force with effect from 1/5/2011. FCR Rules 2011 have also come into force from 1/5/2011. Key features of FCRA 2010 include the following- Concept of ‘permanent’ registration done away with; A five-year registration is provided so that dorman organisations do not continue. All existing registered organisations are deemed to be on a five-year validity from now.
I. Annual Filing of Compliance Status- a) All insurers are required to file a Report on status of compliance with the C G Guidelines on an annual basis w.e.f. the Financial Year 2010-11. This report shall be filed within 90 days from the end of the Financial year (i.e., before 30th June). The report should be filed in the format as placed in Annexure-1. b) Clause 9 of the CG Guidelines requires confirmation of disclosures made in the Annual Accounts. In such instances, where the finalization of Annual Accounts extends beyond 90 days of the close of the financial year, the status on disclosure in the Financial Statements as required under the aforementioned clause may be made within 15 days of adoption of the Annual Accounts by the Board of Directors of the insurers. This is in line with the stipulations issued by IRDA vide Circular No. IRDA/F&A/013/2005-06 dated 9th June, 2005.
Based on the detailed scrutiny of the Technical & Commercial Proposals submitted by the Shortlisted IT firms and further evaluation based on Combined Quality Cum Cost Based System (CQCCBS), M/s L & T Infotech has been formally selected as an Implementation Agency for the implementation of Business Analytics Project.
Purpose of Arbitration Act-The purpose of Arbitration and Conciliation Act, 1996 (‘the Act’) is to provide quick redressal to commercial dispute by private Arbitration. Quick decision of any commercial dispute is necessary for smooth functioning of business and industry. Internationally, it is accepted that normally commercial disputes should be solved through arbitration and not through normal judicial system. An arbitrator is basically a private judge appointed with consent of both the parties. He is expected to give his decisions quickly as he is not bound by the technical formalities of a court. In India, the need of arbitration is more because of very heavy burden on the judicial system and huge backlog of pending cases.
Hon’ble Supreme Court in Mohd.Akram Ansari Vs. Chief Election Officer & Ors , observed that it is not ordinarily open to the party to file an appeal and seek to argue a point which even if taken in the petition or memorandum filed before the Court below, has not been dealt with in the judgment of the Court below. The party who has this grievance must approach the same Court which passed the judgment, and urge that the other points were pressed but not dealt with. Para 14 of the judgment is reproduced below for ready reference.
Clause (o) of sub-section (1) of Section 2 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has defined a non performing asset as follows – non-performing asset” means an asset or account of a borrower, which has bee classified by a bank or financial institution as sub-standard, doubtful or loss asset
Under Securitisation Act, if the secured creditor is acting in violation of the rights, duties and obligations, the mortgagor can come to the Civil Court before sale with a civil suit for injunction for staying the sale. In Mardia Chemicals Ltd.. Vs U.O.I. & Ors.
Therefore, it is explicit that more than one Court may have jurisdiction in respect of the same subject matter as per the circumstances of the particular case. In such a situation, the parties may enter into an agreement and confer exclusive jurisdiction on one of the Courts, having jurisdiction as detailed above, and at the same time oust the jurisdiction of other Courts, which may also have jurisdiction on the subject matter as provided in the Code. With a view to draft such a jurisdiction ouster clause, some principles have been culled from the following judgments.
Essential Feature of Guarantee-Recoverable Debt Necessary – The purpose of a guarantee being to secure the repayment of a debt, the existence of a recoverable debt is necessary. It is of the essence of a guarantee that there should be someone liable as a principal debtor and the surety undertakes to be liable on his default. If there is no principal debt, there can be no valid guarantee. A contract of guarantee is a tripartite agreement which contemplates the principal debtor, the creditor and the surety. This was so held by the House of Lords in the Scottish case of Swan v. Bank of Scotland {(1836) 10 Bligh NS 627} decided as early as 1836.
Hon’ble Supreme Court in the case of Vishwa Mitter v. O.P. Poddar – (1983) 4 SCC 701, has, inter alia, held that if any special statute prescribes offences and makes any special provision for taking cognizance of such offences under the statute, then the complainant requesting the Magistrate to take cognizance of the offence must satisfy the eligibility criterion prescribed by the Statute
