Articles - Corporate Law Reporter

Imposition of minimum penalty not mandatory in compounding of offences: NCLT

EXECUTIVE SUMMARY Compliance to the laws enacted for man results in good governance, whereas its non-compliance can result in offence. To understand the present order of NCLT in the matter of UW International Training & Education Centre for Health Pvt. Ltd.[1] where it has held that the principle of imposition of minimum penalty is non-mandatory… Read More

DIFFERENTIAL VOTING RIGHTS AND ITS TREATMENT UNDER COMPANIES ACT,2013

A corporation is a web of contractual arrangements. Post the infamous Satyam case, the need of structured and democratic governance is felt by one and all. The concept of Differential Voting Rights is a traditional one and has received acceptance from other jurisdictions as well. The approach of the author in understanding the treatment of… Read More

FAQ’s on the Maternity Benefit (Amendment) Act, 2017

The Maternity Benefits Act, 1961 aims to regulate the women employed in factories, shops or commercial establishments 10 or more employees for certain period of leaves before and after child-birth. Recently, the Maternity Benefit (Amendment) Bill was introduced and passed in Lok Sabha on 9thMarch, 2017, by the Rajya Sabha on 20th March, 2017 and… Read More

Holiday Packages as Collective Investment Schemes : SEBI Perspectives and Ruling

EXECUTIVE SUMMARY The article delves into the recent Security Appellate Tribunal (“Tribunal”) judgment which has upheld the Security Exchanges Board of India (“SEBI”)- the (“Respondent”) order classifying the holiday schemes floated by Pancard Clubs Limited (“Appellants”) was indeed a Collective Investment Scheme (“CIS”) and thereby directing the Appellants to inter-alia, refund the sum of money… Read More

Regulating Online Sale of Medicines _Ministry of Health and Family Welfare

Ministry of Health and Family Welfare Regulating Online Sale of Medicines A Sub-Committee had been constituted by the Drugs Consultative Committee (DCC) to examine issues relating to online sale of drugs. The Sub-Committee has submitted its report to the Drugs Consultative Committee. The Sub-Committee has inter-alia recommended:- • Creation of a National Portal to act… Read More

FAQs on Withdrawal of Legal Tender Character of the Old Bank Notes in the denominations of 500 and 1000 and The Specified Bank Notes (Cessation of Liabilities) Ordinance 2016

(Updated as on January 17, 2017) 1. Why was the Scheme of Withdrawal of Legal Tender Character of the old Bank Notes in the denominations of ₹ 500 and ₹ 1000 introduced? The incidence of fake Indian currency notes in higher denomination has increased. For ordinary persons, the fake notes look similar to genuine notes,… Read More

Note on Employees Enrolment Campaign, 2017 under EPF

NOTE ON EMPLOYEES ENROLLMENT CAMPAIGN, 2017 UNDER EPF 1. The Central Government has amended paragraph 82 of the Employees’ Provident Funds Scheme, 1952 and inserted paragraph “82A. Special Provision in respect of Employees’ Enrolment Campaign, 2017” vide notification No. G.S.R. 1190(E) dated 30th December, 2016 to be called as the Employees’ Provident Funds (Seventh Amendment)… Read More

RECTIFICATION U/S 154 OF INCOME TAX ACT

RECTIFICATION UNDER SECTION 154 OF INCOME TAX ACT Hello readers, we all understand rectification just as correction in any order passed by Income tax authority concerned so let's review every clause of section 154 in detail with relevant judgement and my significant findings to it. Now you can first read the extract of Act in… Read More

Revised GST Enrollment dates

GSTN releases revised schedule for enrollment of existing taxpayers under VAT, Service Tax and Central Excise laws under GST. revised enrollment schedule can be downloaded below: Latest GST Enrollment schedule Read More

5 vital pieces of advice for Trademark Registration in India

Trademark registration gives legal right to the owner of a company to use a particular symbol or logo as the identity of their business. Trademark registration is the first thing an owner should look for after the successful company name registration. To avoid future conflicts because of similarities with the mark of any other organisation… Read More

REDUCTION OF SHARE CAPITAL-PROCEDURE BEFORE NCLT UNDER COMPANIES ACT, 2013

On 07th December, 2016, Ministry of Corporate Affairs (MCA) has vide its Commencement Notification notified various sections of Companies Act, 2013 which includes arbitration, compromise, arrangements and reconstruction and winding up companies which has come into force with effect from 15th December, 2016. The Section 66 which is the governing provision for Reduction of Share… Read More

Cable Television and Copyright Owners

Abstract: ‘TV is galloping in; the country has sixty million homes with TV, of which twenty eight million are cabled, bringing to city and hamlet alike a choice of around a hundred channels. ‘There are now more TV channels available in Mumbai than in most US cities,’ Bill Clinton noted on a trip to the… Read More

Woman directorship – preceptive or expedient

Woman directorship - preceptive or expedient “Woman” (Whole of ‘Man’) whenever one heard this inevitable word, the image of mother, sister, friend, girl friend & wife will display in his mind. In the family scenario, especially in case of India, woman is angel of the family. One can’t imagine the life without woman. From the… Read More