The term ‘res judicata’ means ‘thing already decided by a competent court’. Section 11 of Civil Procedure Code, 1908 embodies the doctrine of res judicata in India. It states that no court shall try any suit or issue in which the issue directly and substantially, in a former suit, between the same parties or their …
I. Introduction: The Maternity Benefit Act, 1961 regulates the employment of women in factories, mines, the circus industry, plantations and shops or establishments employing ten or more persons, for certain periods before and after child-birth and provides for maternity and other benefits. The 44th Session of Indian Labour Conference (“ILC”), had recommended for enhancing maternity …
Dear Friends, “The Insolvency and Bankruptcy Code, the National Company Law Tribunal, a new arbitration framework and a new IPR regime are all in place. New commercial courts have also been set up. These are just a few examples of the direction in which we are going. My Government is strongly committed to continue the …
Dear Friends, I would like to share a few thoughts on areas troubling corporate minds and our country in general. Capital Allocation / Buy back There has been a lot of discussion around capital allocation policy of large Indian listed IT and other companies who are sitting on loads of cash. Few proxy advisory firms …
I. INTRODUCTION A company which does not intend to carry on its operations can apply for removal of its name to the Ministry of Corporate Affairs or the Registrar of Companies can remove or strike off a Company name, if it has reasonable cause to believe so. Striking off of the company’s name by the …
Strike-off Or Removal Of Name Of The Company From The Register Of Companies (RoC) Read More »
A. Case Law I – E-commerce websites are not bound to keep a check on products for IP infringement before advertising on their website I. Parties: Plaintiff: Kent RO System (Water purifier manufacturer) Vs. Defendant: Mr. Amit Kotak of E-Commerce platform- E-bay Citation: CS (COMM) 1655/2016 & IA No. 15914/2016 Court: Delhi High Court II. …
S.No. Compliance Forms to be Filed Relevant Law Due Date 1 Excise duty payment GAR 7 Central Excise Rules, 2002 5th March 2017 For the month of march 31st march 2017 2 Payment of service tax to the department GAR 7 Service Tax Rules, 1994 5th March 2017 For the month of march 31st march …
“A nation may do without its millionaires and without its capitalists, but a nation can never do without its labour.”- Mahatma Gandhi. With the globalization of economies, companies are operating internationally and there have been demands from these companies for liberalization in the labour laws. The influx of foreign companies has also increased the demand …
Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Amendment Rules, 2017: Vide its notification dated February 28, 2017, the MCA has amended the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer and Refund) Rules, 2016. Various forms (IEPF-3/ 5/ 6) and Rules 2/ 3/ 6/ 7 of the IEPF Authority (Accounting, …
Investments by FPIs in corporate debt securities RBI on October 24, 2016, had amended the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident outside India) (Twelfth Amendment) Regulations, 2016 through a Gazette notification to permit FPIs to invest in unlisted corporate debt and securitised debt instruments. Thereafter, RBI vide circular RBI/2016-17/138 …
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