Month: September 2013

Clarification on the notification dated 12.9.2O13.

The Ministry of Corporate Affairs had issued a notification on 12.09.2013 bringing into force 98 sections or part thereof of the companies Act, 2013. The Ministry has vide its Circular No. 16 /2013 dated 18th September, 2013 clarified that with effect from 12.09.2013, the relevant provisions of the companies Act, 1956, which correspond to provisions …

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MCA Issues Clarification With Respect To Implementation Of Companies Act, 2013

The Ministry of Corporate Affairs had notified 98 sections for implementation of the provisions of the Companies Act, 2013 on 12.9.2003. In pursuance to the said notification, the Ministry of Corporate Affairs has issued a clarification with a view to facilitate proper administration of the said Act vide General Circular No.15/2013 dated 13th Sep, 2013 …

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MCA notifies 98 sections of Companies Act 2013

The Ministry of Company Affairs has initiated the process of implementation of the Companies Act, 2013 which was passed by the Parliament and assented to by the President of India. The first set of draft rules have been notified on 9th September, 2013. The remaining draft rules are also released for public comments. The enforcement …

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Amendments To The Consolidated Foreign Direct Investment Policy

The Union Cabinet approved liberalisation of FDI norms in a dozen sectors including PSU oil refineries, commodity bourses, power exchanges, stock exchanges, clearing corporations, asset reconstruction companies, tea plantations and courier services . The following amendments have been made to the Consolidated Foreign Direct Investment Policy (Circular 1 of 2013) (the “FDI Policy”) which have …

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Lets Analyze

In this issue we shall proceed to Section 13 from Section 11 which was discussed in the earlier issue. This section of the Companies Act, 1956 deals with the requirements with respect to the Memorandum. Query # 1 : Whether a suit filed by the shareholder for declaration of true meaning of clause in Memorandum …

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Legal Jargon

Word :“Ab initio ” Meaning : From the beginning. Example: The contract was void ab initio. Prononciation: ab in-i-ti-o Word :“Ipso facto” Meaning : By that very fact or act. Example: A blind person, ipso facto, is not entitled to a driver’s license. Prononciation: ip-so fac-to

ROYAL ORCHID HOTELS LTD v. REGISTRAR OF TRADE MARKS & ANR [IPAB]

ROYAL ORCHID HOTELS LTD v. REGISTRAR OF TRADE MARKS & ANR [IPAB] OA/74 & 75/2009/TM/CH and M. P. Nos.125 & 126/2012 Decided on: 18/06/2013 Brief facts The appellant had applied for the registration of two trademarks i.e. words “Royal Orchid” and “Royal Orchid Hotels” taken as a whole. The respondent is the owner of the …

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Partners Column

Dear friends Companies Act 2013 Finally, new company law legislation to replace the existing companies act 1956, “Companies Act 2013” is a reality with the assent of the President on 29th Aug, 2013. The Indian Inc., and the professional community have been waiting for this legislation for over a decade. The Government is likely to …

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