Month: March 2013

SHRI RAM BEARING LTD V. TRISHAKTI ELECTRONICS P. LTD (DEL)

C.A. No. 2386 of 2012 in C.P. No. 179 of 1994 Decided on: 11/12/2012 Companies Act: Sections 454(5), 468, 477, 481 -Company under Liquidation -Official Liquidator(OL) Could not take possession of any moveable and immovable assets of the Company – no other assets available for realization – whether the company should be dissolved and liquidation …

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Legal Jargon

Word: “Res Judicata n. Latin, the thing has been judged.” Meaning: An issue that is before a court, has already been decided by another court, between the same parties. Therefore, it will be dismissed by the current court. Example:Andhra Pradesh High Court determines that John is the father of Betty’s child. John cannot raise the …

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Insight On External Commercial Borrowing (ECB)

External Commercial Borrowings (ECB) is an instrument used in India to facilitate the access to foreign money by Indian Corporates. ECB refer to commercial loans in the form of bank loans, buyers’ credit, suppliers’ credit, securitized instruments (e.g. floating rate notes and fixed rate bonds, non-convertible, optionally convertible or partially convertible preference shares) availed of …

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Lets Analyze

In the earlier issue we discussed on Section 4 of the Companies Act, 1956 and in the present issue we shall proceed with Section 5 of the Companies Act which deals with Officer who is in default. Query No 1: When will the criminal liability of the ordinary directors arise? Decided Case law : Smt. …

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Editor’s column

Dear Friends, In-spite of so claimed tightening of securities against terrorism, the terrorist have always succeeded with their terror attacks claiming the lives of the innocent people. The serial bomb blasts in Hyderabad recently has made me think in perspective into the values of mankind and it has become imperative to put my feelings in …

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SECURITIES AND EXCHANGE BOARD OF INDIA (SEBI)

Guidelines for Enabling Partial Two-Way Fungibility of Indian Depository Receipts (IDRs) : SEBI has in order to encourage more number of foreign companies to issue IDRs in the Indian market and also to enable the investors to take informed investment decision, decided to provide a detailed roadmap and guidelines for the future IDR issuances as …

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RESERVE BANK OF INDIA (RBI)

Foreign Exchange Management Act,1999 – Import of precious and semi precious stones- Clarification The Reserve Bank of India (hereinafter referred to as “RBI”) has vide notification RBI/2012-13/418 A.P. (DIR Series) Circular No.83 dated 20th Feb, 2013 clarified that AD Category – I banks which are permitted to approve Suppliers and Buyers Credit including the Usance …

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