Author name: ithelp

Securities and Exchange Board of India (SEBI)

Offer For Sale of Shares by Promoters through the Stock Exchange Mechanism: SEBI has in order to facilitate promoters to dilute/offload their holding in listed companies in a transparent manner with wider participation, decided to allow the offer for sale of shares by promoters of such companies through a separate window provided by the stock …

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Ministry of Corporate Affairs (MCA)

The Companies (Accounting Standards) (Second Amendment) Rules, 2011 : MCA vide notification G.S.R­ dated 29th December, 2011 has made amendments in Companies (Accounting Standards) Rules, 2006 which will be called the Companies (Accounting Standards) (Second Amendment) Rules, 2011. The Companies (Accounting Standards) Amendment Rules, 2011: MCA vide Notification G.S.R dated 29th December, 2011 has made …

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Legal Jargons

Word-Rescind Meaning: i) To Cancel a contractual agreement or ii) To make void Example: Rescinded the contract on the purchaser’s failure to comply with the notice to complete. Pronunciation: ri+si+nd   Word- Appurtenances Meaning: a right, privilege, or property that is considered incident to the principal property for purposes such as passage of title, conveyance …

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Injunction can be sought not only in a case of actual use but also in a case of threatened use of a trademark.

SOUTH AFRICAN BREWERIES INTERNATIONAL (FINANCE) BV & ANR v.MOHAN GOLDWATER BREWERIES LTD. & ANR [DEL] C.S(OS).No. 1073/2002- Section 142 of Trademark Act, 1999 Decided on : 31/10/2011 Here the plaintiffs “South African Breweries International (Finance) BV claimed registration of the trademark CASTLE and CASTLE label in respect of beer in a large number of countries. …

Injunction can be sought not only in a case of actual use but also in a case of threatened use of a trademark. Read More »

Sale of property through General Power of Attorney (GPA) does not constitute a valid sale.

SURAJ LAMP & INDUSTRIES PVT LTD v. STATE OF HARYANA & ANR [SC] Special Leave Petition (C) No.13917 of 2009- Section 54 & 55 of Transfer of Property Act,1882 Decided on : 11/10/2011 Here the Supreme court has reiterated that any contract of sale (agreement to sell) which is not a registered deed of conveyance …

Sale of property through General Power of Attorney (GPA) does not constitute a valid sale. Read More »

Transfer charges will not be treated as administrative charges for effecting change of name of the properties in favour of transferee company by virtue of scheme of Amalgamation

M/S. Dabur India Limited (Petitioner) vs. Vishwa Properties Private Limited (Respondent)., Decision by Delhi High Court, on 21st February, 2011 A scheme of Amalgamation was made between Balsara Hygiene Products Limited, Besta Cosmetic Limited, Balsara Home Products Limited (hereinafter collectively referred to as the transferor companies) and Dabur India Limited (hereinafter referred to as the …

Transfer charges will not be treated as administrative charges for effecting change of name of the properties in favour of transferee company by virtue of scheme of Amalgamation Read More »

Conditions for buy-back under Section 77A cannot be applied to a scheme under Sections 100-104 of the Companies Act, 1956

Conditions for buy-back under Section 77A cannot be applied to a scheme under Sections 100-104 of the Companies Act, 1956 as they operate in independent fields and it is not within the purview of the Court to change the economic policy of restricting the Sectoral caps. M/S. RECKITT BENCKISER (INDIA) LTD Vs. C.A., Decision by …

Conditions for buy-back under Section 77A cannot be applied to a scheme under Sections 100-104 of the Companies Act, 1956 Read More »

Applicability Of Regulation 10 And Regulation 11 of SEBI (Substantial Acquisition Of Shares And Takeovers) Regulations 1997

[vc_row][vc_column][vc_column_text]Regulation 3(3) of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations 2011 provides that acquisition of shares by any person, such that the individual shareholding of such person acquiring shares exceeds the stipulated thresholds, shall also be attracting the obligation to make an open offer for acquiring shares of the target company irrespective of …

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