Month: December 2012

Mazza Run

R&A participates in the run for a Social Cause. R & A is closely associated with Abhaya Foundation, an NGO that has been founded by CS Balachandra and supported by like minded professionals. The foundation has been undertaking various humanitarian works while striving hard in various fields. Abhaya Foundation apart from its regular social activities …

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The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI)

Purpose: SARFAESI Act enables and empowers the secured creditors to take possession of their Securities, to deal with them without the intervention of the court and also alternatively to authorize any Securitization or Reconstruction Company to acquire financial assets of any Bank or Financial Institution (FI). The Act has been empowered with the overriding effect …

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Legal Jargon

Word: “Extradition” Meaning: French word which means that it is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Example:He is being imprisoned while awaiting a possible extradition to the United States. Pronounciation: ex+tra+dite Word: “Indigent” Meaning: a person who can convince the court that …

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ROCKSMELT COMPANY (INDIA) LTD V.GANGA AUTOMOBILES LTD [DEL]

[Decided on 08/10/2012] Companies Act,1956 – Winding up – directors personal properties – director gives undertaking to court that his personal properties can be attached – Later denied – whether tenable – On facts Held, No. Brief facts The respondent company was under liquidation. One of the directors of the company Mr.Mukhinder Singh (who died …

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SMT. SEEMA THAKUR & ORS V. SMT. PANCHI DEVI & ORS [DEL]

[Decided on 21/09/2012] Indian Stamp Act,1899 – Article 45 read with Section 2(15) – partition suit- shares are determined – stamp duty there on – whether passing of a final decree is required – Held, Yes. Brief facts This suit was compromised and the compromise was recorded on 16.11.2005. Rights of the parties in various …

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SECURITIES AND EXCHANGE BOARD OF INDIA (SEBI)

Mini derivative (Futures & Options) contract on Index (Sensex & Nifty): SEBI has vide Circular No. CIR/DRMNP/4/2012 dated 20th November, 2012 decided to discontinue mini derivative contracts on Sensex and Nifty Indices with a view to ensure that small/ retail investors are not attracted towards derivative segments. However, the existing unexpired contracts may be permitted to …

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Limited Liability Partnerships in light of Recent Amendments

[vc_row][vc_column][vc_column_text]What is an Limited Liability Partnership – Background Limited Liability Partnership entities, the world wide recognized form of business organization, has been introduced in India by way of Limited Liability Partnership Act, 2008. A Limited Liability Partnership, popularly known as LLP, combines the advantages of both the Company and Partnership into a single form of …

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Lets Analyze

We have been deliberating on Section 2(30) of the Companies Act, 1956. In the earlier issue, we concluded  that the “Liquidator” of the Company can be considered as the officer of the Company as per the said Section. We shall now discuss if the Liquidator can be treated as the ‘Principal Officer’ under the Income …

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