Thursday, January 3, 2013

[aaykarbhavan] Fw: Pre-Print Highlights of CC from CLI




----- Forwarded Message -----
From: "info@cliofindia.com" <info@cliofindia.com>
To: newsletter@cli.in
Sent: Thursday, 3 January 2013 7:06 AM
Subject: Pre-Print Highlights of CC from CLI

CLI
www.cliofindia.com
info@cliofindia.com

COMPANY CASES (CC) HIGHLIGHTS


ISSUE DATED 4-1-2013

Volume 176 Part 1


Supreme COURT JUDGMENTS




F Petition for winding up based on failure to pay arrears of rent not subject to bar under rule 2 of Order 2 of CPC, 1908 : Rents payable and periods of default to be calculated on proper evidence and not to be undertaken in winding up petition : Raju Jhurani v. Germinda P. Ltd. p. 1


HIGH COURT JUDGMENTS




F Income-tax Department has locus standi to raise objection to Scheme of arrangement : Where Scheme approved by shareholders, creditors and Regional Director, Income-tax Department's right to assess, levy and collect tax not extinguished : Vodafone Essar Gujarat Ltd. v. Department of Income-tax (Guj) p. 7


F Fraud not necessary element to avoid transfer after commencement of winding up : Board of Industrial and Financial Reconstruction v. Hindustan Transmission Products Ltd. (Bom) p. 53

F While sanctioning scheme of amalgamation, no justification in imposing condition that reserve can be utilised for purpose of declaring dividends : Adhishree Tradelinks P. Ltd. In re p. 67

F No separate procedure necessary for change of name of company : Oriental Manufacturers P. Ltd. In re (Guj) p. 73

c

Company Law Board orders




F Shareholders' right to inspect records is mandatory provision and can inspect documents irrespective of time of becoming member of company : Rajendra G. Patel v. Sanghi Industries Ltd. p. 49



STATUTES AND NOTIFICATIONS




Bills :
F Companies Bill, 2011 : Notice of amendments p. 3

Circulars :

RBI Circulars :

F "Non Banking Financial Company-Micro Finance Institutions" (NBFC-MFIs)-Directions-Modifications-DNBS (PD) CC. No. 300/03.10.038/2012-13, dated 3rd August, 2012 p. 17

F Revised Capital Adequacy Framework for Off-Balance-sheet items for NBFCs-Clarifications-DNBS. PD. CC No. 299/03.10.001/2012-13, dated August 1, 2012. p. 15

SEBI Circulars :

F Circular on mutual funds-CIR/IMD/DF/24/2012, dated 19th November, 2012 p. 30

F Review of the Securities Lending and Borrowing (SLB) Framework-CIR/MRD/DP/30/2012, dated 22nd November, 2012 p. 32

F Steps to re-energise mutual fund industry-CIR/IMD/DF/21/2012, dated 13th September, 2012 p. 24

Regulations :

F Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) (Third Amendment) Regulations, 2012 p. 1

F Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) (Amendment) Regulations, 2012 p. 2



JOURNAL




F Validity of acts of de facto directors--Dr. K. R. Chandratre p. 1

COMPANY LAW INSTITUTE OF INDIA PVT. LTD.
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T.Nagar, Chennai - 600017.
Phone: (044) 24350752 - 55
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