Month: August 2011

Name Availability Guidelines, 2011

[vc_row][vc_column][vc_column_text]The Ministry of Corporate Affairs(MCA) has issued Name Availability Guidelines, 2011, vide its notification dated 8th July, 2011. Purpose: The applicants and Registrar of Companies are advised to adhere to following guidelines while applying or approving a name: 1. A company cannot be registered with an undesirable name. (As per Section 20 of the Companies …

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LAND ACQUISITION AND REHABILITATION & RESETTLEMENT BILL, 2011

The acquisition of land by governments for development and industrialisation has become a contentious political issue in recent years.  Many have criticized the Land Acquisition Act, 1894, as a draconian piece of legislation which has been used to forcibly acquire land without paying adequate compensation. Given the increasing chorus of protests over such issues as …

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Legal Jargons

Word– Defamation   Meaning: The word  defamation means, “the act of making untrue statements about another which damages his/her reputation”. Defamation is a false attack on ones good name. Ones good name is regarded as his/her proprietary interest, not a personal interest. Defamation is an improper and unlawful attack against ones proprietary right to his/her …

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R & A Events

Achromic Point together with Deloitte and R & A Associates as knowledge partners for this event, along with LVV Iyer & Associates is organizing the seminar on Proposed Companies Bill 2011 in Mumbai on 8th September 2011. The Companies Bill 2011 has many far reaching and welcome changes. While the Bill has been broadly welcomed by industry and professional bodies, …

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Principle of universality to be applied in determining the basic wage for calculating the Provident Fund Contribution

MONTAGE ENTERPRISES PVT. LTD v EMPLOYEES PROVIDENT FUND (Madhya Pradesh High Court) – Principle of universality to be applied in determining the basic wage for calculating the Provident Fund Contribution Decided on : 24/03/ 2011 The Paintiff Company (“Montage Enterprises Pvt Ltd”) was remitting the provident fund contribution of eligible employees in accordance with the …

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Loss of original share certificate by the transferee and transferor not responding – Whether duplicate share certificate can be issued and whether the company can register the transferee in its members register

ALTINA SECURITIES (P) LTD v. SATYAM COMPUTER SERVICES LTD & ANR [(2007) 76 CLA 118 (CLB)] K. K. Balu (VC). Decided on : 07/9/2006 The petitioner, a share broker purchased 2000 equity shares of the respondent company and on presentation of the share transfer deeds to the company, the share transfer deed covering 100 shares …

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Dematted Shares- Fraudulent Transfer of Shares, Depository Participant is not liable.

STOCK HOLDING CORPORATION OF INDIA LTD v VIMAL RAOSAHEB CHOUGULE & ORS (MAHARASTRA STATE COMMISSION) Decided on:  06/06/2011 The Appeallant Company (”Stock Holding Corporation of India Ltd”) was providing depository facilities to investors within the meaning of the Depository Act, 1996. The Respondent had opened a Demat account with appellant and transacted shares through their …

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Increase in Authorized Share Capital on sanction of scheme of amalgamation does not require compliance under Section 94 & 97 of Companies Act, 1956

M/S. THANTIYADI REALTORS PRIVATE LIMITED & M/S. SOMASIMARA REALTORS PRIVATE LIMITED v UNKNOWN, DECISION BY MADRAS HIGH COURT. Decided on 11/03/2011 The petitioners, M/s. Thantiyadi Realtors Private Limited, transferor company and M/s. Somasimara Realtors Private Limited, Transferee Company had approached the court to sanction the scheme of amalgamation so as to make it binding on …

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