Companies Act Archives | Page 5 of 6

‘Reinstatement by NCLAT “too big a pill” for perhaps even Cyrus Mistry to swallow’; Here’s why Supreme Court upheld Cyrus Mistry’s removal as Chairman by the Tata Sons

“NCLAT appears to have granted the relief of reinstatement gratis without any foundation in pleadings, without any prayer and without any basis in law, thereby forcing upon the appellant an Executive Chairman, who now is unable to support his own reinstatement. “

Op Eds OP. ED.

Financial Assistance and Indirect Purchases of Shares: Some vexatious issues

By Siddharth Raja†

Cite as: 2021 SCC OnLine Blog Exp 8

Op Eds OP. ED.

Definition of “Fraud” under the Companies Act: A case of a blurred signpost to criminality

by Bharat Chugh†

Cite as: 2021 SCC OnLine Blog Exp 7

Business News Hot Off The Press News Taxation

Union Budget 2021-22 | Proposals established on 6 Pillars; Tax Relief for Senior Citizens above 75 years of age [Read the live Updates]

Finance Minister, Nirmala Sitharaman presented the Union budget 2021-22 in the Parliament Today. 6 Pillars: Health and Well-Being Physical and Financial capital

Case Briefs High Courts

Kar HC | If the petitioner unconditionally withdraws a particular matter can the said subject matter be re agitated in any other proceedings? HC analyses

Karnataka High Court: Suraj Govindraj J., dismissed the writ petition on grounds of maintainability. The facts of the case are such that

Case Briefs Supreme Court

SC | Wilful disobedience or Wilful breach: Are these necessary requisites for bringing in action for ‘Civil Contempt’? Read on

Supreme Court: B.R. Gavai, J., while addressing a contempt petition expressed that: “…contempt proceeding is not like an execution proceeding under the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Whether reflection of debt in Balance Sheet of a Corporate Debtor would amount to acknowledgement under S. 18 of Limitation Act? 5-Member Bench decodes Interplay between IBC & Limitation Act; discusses ‘Judicial Indiscipline’

National Company Law Appellate Tribunal (NCLAT), New Delhi: The Bench of Justice Bansi Lal Bhat (Acting Chairperson) and Justice Venugopal M. (Judicial

Hot Off The Press News

Introduction of Cooling Period: RBI

Cooling Period To inculcate discipline and encourage the submission of applications by serious players as also for effective utilisation of regulatory resources,

Op Eds OP. ED.

Companies (Amendment) Act, 2020: A step in the right direction?

by Ananya Raghavendra†and Eshvar Girish††

Case Briefs High Courts

Ori HC | Matter pending adjudication before Court is no bar for Lokayukta to exercise its powers under S. 20 (6) of Odisha Lokayukta Act, 2014

Orissa High Court: A Division Bench of Mohammed Rafiq and B. R. Sarangi, JJ., dismissed the petition and vacated the interim order.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Liability under S. 73(2) of Companies Act, 1956, lies on the company along with the director who is ‘officer in default’ as per S. 5 of Companies Act, 1956

Securities and Exchange Board of India (SEBI): Anant Barua (Whole-time member) passed the order in exercise of his powers under Sections 11

Legislation Updates Statutes/Bills/Ordinances

[Presidential Assent] Companies (Amendment) Act, 2020: Decriminalisation of offences which lack element of fraud or involve larger public interest

The Companies (Amendment) Bill, 2020 received Presidential Assent on 28-09-2020. The Companies (Amendment) Act, 2020 Purpose: Based on the recommendations of the

Op Eds OP. ED.

Valuation of Assets under the Code: Holding the Provisions Against the Preamble of the Code

by Puru Varma†

Op Eds OP. ED.

MCA Breather for Independent Directors

*Bhumesh Verma, Managing Partner and **Paruchuri Baswanth Mohan, Research Associate, Corp Comm Legal

Cite as: (2020) PL (CL) June 91

OP. ED.Practical Lawyer Archives

SCC Times

Companies Act

‘Reinstatement by NCLAT “too big a pill” for perhaps even Cyrus Mistry to swallow’; Here’s why Supreme Court upheld Cyrus Mistry’s removal as Chairman by the Tata Sons

Financial Assistance and Indirect Purchases of Shares: Some vexatious issues

Definition of “Fraud” under the Companies Act: A case of a blurred signpost to criminality

Union Budget 2021-22 | Proposals established on 6 Pillars; Tax Relief for Senior Citizens above 75 years of age [Read the live Updates]

Kar HC | If the petitioner unconditionally withdraws a particular matter can the said subject matter be re agitated in any other proceedings? HC analyses

SC | Wilful disobedience or Wilful breach: Are these necessary requisites for bringing in action for ‘Civil Contempt’? Read on

NCLAT | Whether reflection of debt in Balance Sheet of a Corporate Debtor would amount to acknowledgement under S. 18 of Limitation Act? 5-Member Bench decodes Interplay between IBC & Limitation Act; discusses ‘Judicial Indiscipline’

Introduction of Cooling Period: RBI

Companies (Amendment) Act, 2020: A step in the right direction?

Ori HC | Matter pending adjudication before Court is no bar for Lokayukta to exercise its powers under S. 20 (6) of Odisha Lokayukta Act, 2014

SEBI | Liability under S. 73(2) of Companies Act, 1956, lies on the company along with the director who is ‘officer in default’ as per S. 5 of Companies Act, 1956

[Presidential Assent] Companies (Amendment) Act, 2020: Decriminalisation of offences which lack element of fraud or involve larger public interest

Valuation of Assets under the Code: Holding the Provisions Against the Preamble of the Code

MCA Breather for Independent Directors

Compliance Checklist for appointment of Executive Director or Whole-time Director

Corporations: Legal Fiction or An Unborn Predator?

MCA issues clarification with regard to creation of deposit repayment reserve and to invest deposit amount of debentures

Removal of a Liquidator under IBC

Special Measures under Companies Act, 2013 and Limited Liability Partnership Act, 2008 in view of COVID-19 outbreak

Compliance Checklist for Issue of Sweat Equity Shares under Companies Act