Thursday, July 18, 2013

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




----- Forwarded Message -----
From: "info@cliofindia.com" <info@cliofindia.com>
To: newsletter@cli.in
Sent: Tuesday, 16 July 13 6:52 AM
Subject: Pre-Print Highlights of CC from CLI

CLI
www.cliofindia.com
info@cliofindia.com

COMPANY CASES (CC) HIGHLIGHTS

ISSUE DATED 19-7-2013

Volume 179 Part 3

SUPREME COURT
ENGLISH CASES
CLB
SAT
DRAT
NEWS-BRIEFS

HIGH COURT JUDGMENTS


F Discretion of court to sanction scheme of amalgamation : Only Central Government to decide which authority would investigate : Mahak Vyapaar P. Ltd. v. Registrar of Companies, Ministry of Corporate Affairs (Cal) p. 166

F Where company acknowledging its debts and promising to pay in four instalments, non-payment of each instalment gives rise to fresh cause of action : Mosenthals Wool and Mohair S. A. Pty. Ltd. v. C. L. Jain Woolens Mills P. Ltd. (P & H) p. 174

F Where debt acknowledged by e-mail within three years, fresh period of limitation starts from date of e-mail : Michael Hart v. Ninestars Information Technologies Ltd. (Mad) p. 187

F Whether cheque issued as security or in pursuance of liability, debatable issue to be decided in trial : Proceedings u/s. 138 of NI Act, 1881 can be instituted against two entities in respect of same liability : Shree Bhagwati Apparels India Ltd. v. Bibby Financial Services India P. Ltd. (P & H) p. 203

F Dishonour of cheque issued under factoring agreement : Issuer's liability co-extensive with that of debtor : Krish International P. Ltd. v. State (Delhi) p. 210

F Where admission of liability and inability of company to make good liability established, defence not bona fide : IFCI Factors Ltd. v. Krish International P. Ltd. (Delhi) p. 223

F Approved debtor under factor agreement counter signing notice of assignment of debt and issuing post dated cheques, amounts to admission of liability : IFCI Factors Ltd. v. Koutons Retail India Ltd. (Delhi) p. 235

STATUTES AND NOTIFICATIONS




Circulars :

RBI Circulars :

F Bonds issued by State Distribution Companies (Discoms)--Guidelines on valuation--RBI/2012-13/555, DBOD. BP. BC. No. 105/21.04.132/2012-13, dated 27th June, 2013 p. 47

F Import of gold by nominated banks/agencies--RBI/2012-13/499, A. P. (DIR Series) Circular No. 103, dated 13th May, 2013 p. 44

F Import of gold by nominated banks/agencies--RBI/2012-13/557, A. P. (DIR Series) Circular No. 122, dated 27th June, 2013 p. 48

F Security and risk mitigation measures for card present and electronic payment transactions--RBI/2012-13/540, DPSS (CO) PD. No. 2377/02.14.003/2012-13, dated 24th June, 2013 p. 45


Regulations :

F Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) (Ninth Amendment) Regulations, 2013 p. 37

JOURNAL




F Interest claims in winding up petitions--Darryl Paul Barretto p. 41

F Reverse merger : Tax perspective--Vivek Pathak p. 33


COMPANY LAW INSTITUTE OF INDIA PVT. LTD.
No. 2, Vaithyaram Street,
T.Nagar, Chennai - 600017.
Phone: (044) 24350752 - 55
Fax: (044) 24322015
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