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Start-up India initiative - ‘Start-up’ defined

4 March 2016

The Department of Industrial Policy and Promotion (“DIPP”), in order to bring uniformity in the implementation of the “Start-up India” initiative, has identified certain enterprises to be considered as “start-ups”. According to DIPP Notification No. G.S.R. 180(E), dated 18-2-2016, an enterprise will be con...

Continuance of MD who is over 70 years of age - Special Board resolution required

4 March 2016

Noticing glaring differences in the data and results depicted by the two research reports, casting a serious doubt on their authenticity and neutrality, Competition Commission of India (CCI) on 10-2-2016 has held that fluctuating market share figures of the various players show that the competitive landscape in the relevant market is quite vibrant an...

Competition law – Contradictory reports on market share show vibrant competition

4 March 2016

Noticing glaring differences in the data and results depicted by the two research reports, casting a serious doubt on their authenticity and neutrality, Competition Commission of India (CCI) on 10-2-2016 has held that fluctuating market share figures of the various players show that the competitive landscape in the relevant market is quite vibrant an...

Corporate Social Responsibility (CSR) clarified

29 January, 2016

The Ministry of Corporate Affairs has issued clarifications by way of Frequently Asked Questions (FAQ) relating to the Corporate Social Responsibility (CSR) obligations of companies under Companies Act, 2013.

Some important aspects clarified by General Circular No. 1 of 2016, dated 12-1-2016 issued for the purpose are: (a) CSR expenditure cannot be...

Start-ups – Government proposes radical changes in laws

29 January, 2016

With a view to stimulate the development of startups in India and to provide them with a competitive platform, the government of India has unveiled a three pronged plan which covers Simplification and Handholding; Funding Support Incentives; and having an Industry – Academia Partnership and Incubation.

Startups accordingly will be provided wi...

Company courts not to interfere with proceedings under SARFAESI Act

29 January, 2016

The Supreme Court of India, with respect to the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 (“SARFAESI Act”), has held that powers under the Companies Act cannot be wielded by the Company courts to interfere with proceedings by a secured creditor to realize its secured interests in terms of the...

Interest Equalisation Scheme on pre and post shipment export credit

28 December, 2015

Reserve Bank of India has allowed exporters to avail the Interest Equalisation on Pre and Post Shipment Rupee Export Credit. The scheme is effective from April 1, 2015. For the period April 1, 2015 to November 30, 2015, banks are required to identify eligible exporters as per Government of India Scheme and credit their accounts with the required...

Reporting of fraud by auditors - amendments come into force

28 December 2015

Provisions of Sections 14 and 15 the Companies (Amendment) Act, 2015 (21 of 2015), that amend Sections 143 and 177, respectively, of the Companies Act, have come into force from the 14-12-2015. MCA Notification S.O. 3388(E), dated December 14, 2015 has been issued in this regard.

Section 13 of the Amendment Act amends sub-section (...

Arbitration when party initiates proceedings to blacklist another

26 October 2015

Punjab & Haryana High Court has held that it is open to parties to refer the issue of blacklisting to arbitration. The Court in this regard noted that there is no rule of law that prohibits parties from referring an issue relating to blacklisting to arbitration, and there is no bar to such reference of all other disputes arising under the arbi...

SEBI has jurisdiction in respect of CIS offered by Trust

26 October 2015

Securities Appellate Tribunal has held that the fact that Section 11AA(2) of the SEBI Act, 1992 refers to any scheme or arrangement made or offered by any ‘company’ would not mean that the jurisdiction of SEBI to regulate Collective Investment Scheme  (CIS) is restricted to any scheme or arrangement made or offered by any company ...

Area allocation when not anti-competitive

26 October 2015

The Competition Commission of India on 12-10-2015 has held that though the Opposite Party 1 in the case before it had indulged in anti-competitive practices by involving in area allocation in respect of its distributors and stopping supplies to the informant in the case, there was no adverse effect on competition. The Commission thus disagreed wit...

Negotiable Instruments Act - Liability of a company and persons in charge

31 July, 2015

The Supreme Court of India has ruled that under Section 138 of the Negotiable Instruments Act, 1881, it is the drawer of the cheque alone that attracts liability. It was held that therefore if the cheque is drawn by a director of the company in his individual capacity and not on behalf of the company or in his capacity as the director, the company a...

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