Author name: ithelp

Legal Jargons

Word : malfeasance Meaning : intentionally doing something either legally or morally wrong which one had no right to do.   It always involves dishonesty, illegality or knowingly exceeding authority for improper reasons. Malfeasance is distinguished from “misfeasance,” which is committing a wrong or error by mistake, negligence or inadvertence, but not by intentional wrongdoing. …

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COMPARITIVE ANALYSIS OF Clause 49 of SEBI Listing Agreement with COMPANIES ACT, 2013

Introduction: To make the listed companies more transparent and to align the provisions related to Listing Agreement with the Companies Act, 2013, Capital Market Regulator, SEBI has amended Clause 49 of Listing Agreement. The said amendments will be effective from 1st October 2014. We have done a comparative analysis on the same: Particulars Clause 49 …

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Labour Law & other Compliance’s for the month of June, 2014

S.No. Compliance Forms to be Filed Relevant Law Due Date 1 Excise Duty payment GAR 7 Central Excise Rules, 2002 5th June, 2014 2 Payment of service tax  to the department GAR 7 Service Tax Rules, 1994 5th June, 2014 3 Monthly return for production and removal of goods and other relevant particulars and CENVAT …

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INDEPENDENT DIRECTORS – COMPARISION BETWEEN LISTING AGREEMENT AND COMPANIES ACT, 2013.

Change Factor Listing Agreement – Clause 49 Companies Act, 2013 – Section 149 Composition of Board If chairman is Executive Director – at least 50% of the board to be independent directors. If Chairman is non-executive Director – at least 1/3rd of the Board to be independent directors. In case of listed Companies, 1/3rd of …

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Securities and Exchange Board of India Vs. Mb. Akshya Infrastructure Pvt. Ltd.

CIVIL APPEAL NO. 6041 OF 2013 Appellant Securities and Exchange Board of India Respondent Mb. Akshya Infrastructure Pvt. Ltd. Appeal was directed against the judgment and final order of Securities Appellate Tribunal, Mumbai (SAT) dated 19th June, 2013. The fundamental issue which arose in this appeal was whether an open offer voluntarily made through a …

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Legal Jargons

Word : Non est factum Origin: Latin Meaning: not my act. This is a denial by a person that they were actually involved in some action or dealings. In a contract, it can occur if a party denies that they signed the contract – that someone else forged their signature. Word : Sunset clause Origin: …

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Overview of the provisions relating to Board & Auditors Under Companies Act, 2013

Ministry of Corporate Affairs is notifying the Act and the Rules with lightning speed. After notification of majority of sections and rules, these have caught the professional and corporate sector in a whirlwind. We have tried to give below a background of important provisions of Companies Act, 2013 pertaining to meetings of Boards and Auditors. …

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