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eMinds Legal Advocates & Solicitors

eMinds Legal is a Corporate Law Firm based in Gurgaon, India specializing in Corporate Legal, Corporate Secretarial and Compliance. The Firm comprises of a team of Corporate Lawyers and Company Secretaries with in-depth subject matter knowledge and participative industry experience of over 15 years.

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Articles by eMinds Legal

Directors™ vicarious liability for dishonor of company cheque Landmark judgment of Supreme Court

[2010] 98 CLA (Mag.)  1 By Dr. K R Chandratre In this article Dr. K R Chandratre, Practising Company Secretary ; Past President, Institute of Company Secretaries of India, discusses standard penal provision which fastens vicarious liability on the directors of the company for offences committed by the company in the light of the landmark… Read More

Oppression/Mismanagement Matter following within the purview of MOU

Any issue relating to a matter which falls under the purview of the memorandum of understanding (˜MoU™) between the parties is not within the purview of the Company Law Board and cannot be entertained in a proceeding under section 397/398. Companies Act, 1956 Section 397/398 Oppression/Mismanagement Petition for relief against Issue relating to a matter… Read More

Tag: Oppression and Mismanagement

Default in filing Annual Return

Sections 159 and 168 Offence and prosecution Default  in filing annual return Prosecution of director who resigned before default took place How far tenable Where the director resigned from his post, his resignation was accepted and was communicated to the Registrar of Companies prior to the default of non-filing annual return took place, he cannot… Read More

Restoration of defunct company

Section 560 Defunct company Restoration of Whether it is a mandatory requirement for the Registrar  to send notice to the company before striking off name from register If the name of the company is struck off  from the register of companies without notice under sub-section (6) of section 560, the Registrar of Companies is required… Read More

Tag: Defunct company

When can arbitration agreement be said to be in writing

[2010] 98 CLA (Snr.) 2 (Bom.) Nasir Husain Films (P.) Ltd. v. Saregama India Ltd. and another Appeal No. 457 of 2007 in Arbitration Petition No. 81 of 2007 Decided by the High Court of Bombay F I Rebello & R S Mohite,  JJ 7th April 2008 [2010] 2 Comp LJ 393 (Bom.) Section 7… Read More

Tag: Arbitration Agreement

Arbitration clause When can be held to be valid

[2010] 98 CLA (Snr.) 1 (Bom.) Rajiv Vyas v. Johnwin Manavalan and another Arbitration Petition No. 222 of 2008 Decided by the High Court of Bombay S J Kathawalla, J 6th July 2009 [2010] 2 Comp LJ 454 (Bom.) Section 7 Arbitration agreement Arbitration clause When can be held to be valid, subsisting and binding… Read More

Tag: Arbitration Agreement

Prerequisites of an Arbitration Agreement

Arbitration and Conciliation Act, 1996 [2010] 98 CLA (Snr.) 1 (P&H) Ramji Bharany and others v. Ambience Developers and Infrastructure (P.) Ltd. First Appeal from Order No. 583 of 2010 (O&M) Decided by the High Court of Punjab & Haryana Rakesh Kumar Jain, J 21st May 2010 (2010-3) 159 PLR 198 Section 7 Arbitration agreement… Read More

Tags: ArbitrationClass actionFederal Arbitration ActHaryanaStolt-NielsenSupreme CourtSupreme Court of the United StatesUnited States

Prevention of Money-laundering Amendment Rules 2010

Prevention of Money-laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of the Banking Companies, Financial Institutions and Intermediaries) Amendment Rules, 2010 GSR 508(E) dated 16th June 2010 issued by… Read More

The Company Secretaries (Amendment) Regulations, 2010

Notification No. 531:Legal 710/1(M)/1 dated 23rd July 2010 issued by the Institute of Company Secretaries of India Whereas the draft regulations further to amend the Company Secretaries Regulations, 1982 were published as required by sub-section (3) of section 39 of the Company Secretaries Act, 1980 (56 of 1980) at pages 1 to 27 in the… Read More

Securities trading using wireless technology

MRD/DP/25/2010 dated 27th August 2010 issued by the Securities and Exchange Board of India It has been decided that SEBI registered brokers who provide internet based trading including mobile phones and laptops with data cards, shall be eligible to provide securities trading using wireless technology. 1. It has been decided that SEBI registered brokers who… Read More

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