Month: March 2012

Legal Jargon

Word – Adjudication Meaning – Legal process of resolving a dispute. Example– A third party was assigned to adjudicate the opposing claims. Pronunciation- ad·ju’di·ca’tion   Word – Appeal Meaning: A legal proceeding by which a case is brought before a higher court for review of the decision of a lower court. Example: Appeal tribunal confirmed the rejection of his claim  Pronunciation: ap·peal’

Proclaimed Offender – Is it another disqualification to act as a Director?

Section 274 of the Companies provides for disqualification a person to act a Director of a Company. It provides that “a person shall not be capable of being appointed director of a company, if a)     he has been found to be of unsound mind by a Court of competent jurisdiction and the finding is in …

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The Liability of the Guarantors is absolute and co-extensive with that of the borrower.

HDFC VS. GAUTAM KUMAR NAG & ORS  Decided on 20th January, 2012 Facts – The appellant, HDFC granted loan to the borrower (not a defendant in this case) for constructing  a house on a plot owned by him. To secure the loan amount, the borrower : a)      Executed a promissory note in favor of the …

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Can one Director can be considered as quorum?

[vc_row][vc_column][vc_column_text]Ranbaxy Laboratories Ltd v. Dr. Jayaram Chigurupati And Others [2010] 153 Comp Cas 162 CLB Decided on 21/10/2009 Companies Act, 1956 – Section 260 and 287(2) – Quorum for Board Meeting convened by Single Director  on account of resignation of two directors  to appoint two additional directors to constitute quorum – whether such appointment is …

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Securities and Exchange Board of India(SEBI)

Offer For Sale of Shares by Promoters through the Stock Exchange Mechanism: Sebi vide circular CIR/MRD/DP/ 7/2012 dated 23rd February, 2012 has modified Para 5(e)(ii) of the Circular No. CIR/MRD/DP/05/2012 dated February 1, 2012 on the Offer For Sale of Shares by Promoters through the Stock Exchange Mechanism. In this regard it has decided that indicative …

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The Information Technology Act, 2000: A Legal Framework for E-Governance

Connectivity via the Internet has greatly abridged geographical distances and made communication even more rapid. While activities in this limitless new universe are increasing by leaps and bounds, laws must be formulated to monitor them. In order to keep pace with the changing generation and their mind-set, the Indian Parliament passed the Information Technology (IT) …

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