Month: November 2011

Fast Track Exit mode for defunct companies under Section 560 of the Companies Act, 1956

[vc_row][vc_column][vc_column_text]Need for Fast Track Exit Mode: There are a number of companies, which are registered under the Companies Act, 1956, but due to various reasons they are inoperative since incorporation or commenced business but became inoperative or defunct later on. Such companies may be desirous of getting their names struck off from the Register of …

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Foreign Direct Investment in Retail Sector

[vc_row][vc_column][vc_column_text]The retail industry in India is of late often being hailed as one of the sunrise sectors in the economy. AT Kearney, the well-known international management consultancy, recently identified India as the ‘second most attractive retail destination’ globally from among thirty emergent markets. It has made India the cause of a good deal of excitement …

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Subterfuge being resorted to by the employer by showing that their Employees are in fact Employees of the Contractor

BHILWARA DUGDH UTPADAK SAHAKARI S. LTD V VINOD KUMAR SHARMA (DEAD BY LRS) & ORS(SC) Civil Appeal No. 2585 of 2006 Markandey Katju & Chandramauli Kr. Prasad, J.J. Decided on 01/09/2011 This Appeal reveals the unfortunate state of affairs prevailing in the field of labour relations in our country. In order to avoid their liability under …

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In case of a Company in liquidation, Plant & Machinery cannot be excluded from Immovable Property

GUPTA REFRACTORIES V CONSOLIDATED STEELS & ALLOYS LTD (DEL) Co APP.  21/2009 Vikramajit Sen & Siddharth Mridul, JJ. The Learned Single judge while dealing with the aspect whether the plant and machinery in the factory premises of the Company in liquidation was movable or immovable property, came to the conclusion that heavy machinery, plant and …

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Prior approval of Statutory and Contractual authorities is required for sanction of scheme

M/s. Spice Communications Limited & ANR, Decision by Delhi High Court, on 4th July 2011 The Amalgamation of Spice Communications Limited (Spice) with Idea Cellular Limited (Idea) was allowed by Gujarat High Court on 26th November, 2009. Spice and Idea, the Petitioner Companies are the telecommunication companies which have been granted various Unified Access Services …

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Legal Jargons

Word: Ignorantia juris non excusat Meaning : “Ignorantia juris non excusat” is a Latin Legal term that means “Ignorance of the law is not an excuse.” This means that persons who violates the law cannot claim ignorance as an excuse for why they committed a crime. Pronunciation: Ignoran+tia+ Juris+ non+ excusat Word: alienation Meaning : …

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