Author name: ithelp

Clarification regarding ‘Body Corporate’ for the purpose of Section 226(3)(a) of the Companies Act, 1956

The MCA received representation from ICAI stating that under Section 226(30(a) of the Companies Act, 1956, a body corporate is disqualified from appointment as auditor of the company. Since LLP is a body corporate under section 3(1) of the LLP Act, 2008, LLP among other chartered accountants will not be qualified for appointment as auditor …

Clarification regarding ‘Body Corporate’ for the purpose of Section 226(3)(a) of the Companies Act, 1956 Read More »

Tax issues might stand as an impediment in sanctioning of amalgamation under Sections 391 to 394 of the Companies Act, 1956, if not properly addressed

Case Law : Scheme of Arrangement between: M/s. Vodafone Essar Limited, Non-petitioner/Transferor [Company No.1], M/s. Vodafone Essar Mobile Services Limited, petitioner/Transferor [Company No. 2],  M/s. Vodafone Essar East Limited, Non-petitioner/Transferor [Company No. 3], M/s. Vodafone Essar Gujarat Limited, Non-petitioner/Transferor [Company No. 4], M/s. Vodafone Essar South Limited, petitioner/Transferor [Company No. 5], M/s. Vodafone Essar Digilink …

Tax issues might stand as an impediment in sanctioning of amalgamation under Sections 391 to 394 of the Companies Act, 1956, if not properly addressed Read More »

No criminal prosecution can be maintained against the company in the absence of basic ingredient of offence (mens rea) – [section 209(a), 211(1) (2), 217(1) (a) & 633(2) of the Companies Act, 1956]

Case Law : SOUTH ASIAN PETROCHEM LIMITED & ORS v.THE REGISTRAR OF COMPANIES [CAL] Decided on – 05.04.2011 After inspection of books of accounts by the Registrar of Companies, notices were issued to the Respondent alleging that the Company had violated several provisions of the Act along with disclosures to be made in Balance-sheet, Profit …

No criminal prosecution can be maintained against the company in the absence of basic ingredient of offence (mens rea) – [section 209(a), 211(1) (2), 217(1) (a) & 633(2) of the Companies Act, 1956] Read More »

Date of approval/effecting for transfer of shares cannot be kept hold if the consideration for transfer of shares is paid as per the time lines mentioned in the Share Purchase Agreement

BHUSHAN ENERGY LTD & ORS v. SECURITIES AND EXCHANGE BOARD OF INDIA & ANR [SAT] Decided on 28.12.2010 The Appellant (Bhushan Group) & Respondent No.2 (who are persons acting in concert of Bhushan Group) are holding 14.85% & 2.56% Equity Shares respectively is a listed company namely Orissa Sponge Iron & Steel Ltd (Target Company)  …

Date of approval/effecting for transfer of shares cannot be kept hold if the consideration for transfer of shares is paid as per the time lines mentioned in the Share Purchase Agreement Read More »

Suit is maintainable even if it is filed by unregistered firm for grant of injunction against infringement of its trade mark

Case Law : M/s. BADEMIYA, MUMBAI & ORS v. MUBIN AHMED ZAHURISLAM [BOM] Decided on 25.03.2011 M/s. BADEMIYA, MUMBAI & ORS, the plaintiff’s have prayed for an order and injunction restraining MUBIN AHMED ZAHURISLAM, defendant’s from using the trading name ‘BADEMIYAN’ and the trademark or the logo of ‘BADEMIYA’ in relation to defendant’s business of …

Suit is maintainable even if it is filed by unregistered firm for grant of injunction against infringement of its trade mark Read More »

Listed below are the Compliances for the period 25th April to 25th May

  S. No. Compliance Form to be filed Relevant Law Due date 1. Payment of Service tax TR-6 Service Tax Rules, 1994 5th May 2. Excise Duty payment GAR 7 Central Excise Rules, 2002, 5th May 3. Half yearly return of contribution Form 6 Employees  State Insurance Act, 1948 12th May 4. Professional Tax Monthly Return …

Listed below are the Compliances for the period 25th April to 25th May Read More »

Industrial Development Bank Of India V. Thapar Agro Mills Ltd (2011)

1. No decree can create a charge on the assets of the Company unless it is registered  under Section 125 of the Companies Act, 1956 Case Law : INDUSTRIAL DEVELOPMENT BANK OF INDIA v. THAPAR AGRO MILLS LTD (2011) Decided on – 17-03-2011 The Appellant advanced loan to the Company which is in liquidation against allotment …

Industrial Development Bank Of India V. Thapar Agro Mills Ltd (2011) Read More »

The latin legal terms ‘pro tempore’ and ‘Non est factum

The  latin legal terms ‘pro tempore’ and ‘Non est factum’  are discussed below: Word : Pro tempore Meaning: “for the time being”. This phrase is often used to describe a person who acts as a placeholder in the absence of a superior.  Legislative bodies can have one or more pro tempore. Example: In the absence …

The latin legal terms ‘pro tempore’ and ‘Non est factum Read More »