Month: December 2011

Reserve Bank of India (RBI)

Compounding of Contraventions under FEMA, 1999: RBI Vide Circular RBI/2011-12/298 A.P. (DIR Series) Circular No.57 dated 13th December, 2011 notified that as a measure of customer service and for operational convenience, powers have been delegated to the Regional Offices of the Reserve Bank of India to compound certain contraventions of FEMA 1999. The contraventions include: …

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Securities and Exchange Board of India (SEBI)

Offer For Sale of Shares by Promoters through the Stock Exchange Mechanism: SEBI has in order to facilitate promoters to dilute/offload their holding in listed companies in a transparent manner with wider participation, decided to allow the offer for sale of shares by promoters of such companies through a separate window provided by the stock …

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Ministry of Corporate Affairs (MCA)

The Companies (Accounting Standards) (Second Amendment) Rules, 2011 : MCA vide notification G.S.R­ dated 29th December, 2011 has made amendments in Companies (Accounting Standards) Rules, 2006 which will be called the Companies (Accounting Standards) (Second Amendment) Rules, 2011. The Companies (Accounting Standards) Amendment Rules, 2011: MCA vide Notification G.S.R dated 29th December, 2011 has made …

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Legal Jargons

Word-Rescind Meaning: i) To Cancel a contractual agreement or ii) To make void Example: Rescinded the contract on the purchaser’s failure to comply with the notice to complete. Pronunciation: ri+si+nd   Word- Appurtenances Meaning: a right, privilege, or property that is considered incident to the principal property for purposes such as passage of title, conveyance …

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Injunction can be sought not only in a case of actual use but also in a case of threatened use of a trademark.

SOUTH AFRICAN BREWERIES INTERNATIONAL (FINANCE) BV & ANR v.MOHAN GOLDWATER BREWERIES LTD. & ANR [DEL] C.S(OS).No. 1073/2002- Section 142 of Trademark Act, 1999 Decided on : 31/10/2011 Here the plaintiffs “South African Breweries International (Finance) BV claimed registration of the trademark CASTLE and CASTLE label in respect of beer in a large number of countries. …

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Sale of property through General Power of Attorney (GPA) does not constitute a valid sale.

SURAJ LAMP & INDUSTRIES PVT LTD v. STATE OF HARYANA & ANR [SC] Special Leave Petition (C) No.13917 of 2009- Section 54 & 55 of Transfer of Property Act,1882 Decided on : 11/10/2011 Here the Supreme court has reiterated that any contract of sale (agreement to sell) which is not a registered deed of conveyance …

Sale of property through General Power of Attorney (GPA) does not constitute a valid sale. Read More »

Transfer charges will not be treated as administrative charges for effecting change of name of the properties in favour of transferee company by virtue of scheme of Amalgamation

M/S. Dabur India Limited (Petitioner) vs. Vishwa Properties Private Limited (Respondent)., Decision by Delhi High Court, on 21st February, 2011 A scheme of Amalgamation was made between Balsara Hygiene Products Limited, Besta Cosmetic Limited, Balsara Home Products Limited (hereinafter collectively referred to as the transferor companies) and Dabur India Limited (hereinafter referred to as the …

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