Thursday, September 26, 2013

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



Recently I have seen one web of a Limited Company  (Public and  Listed ) where they published names of shareholders who did not claim their dividend for last 4 years. When I inquired with the other Company , the company which did not sent the dividend for last 4 years,  then the Company replied to me that the same will be  put on the web shortly.!!! This case is also a fraudulent transfer of shares, a dead person 13 years back and shares transferred in this year. What course for getting the details of all transfer , names , Attestation, to whom it transferred ( physical shares) etc . Please keep it in mind.
Can any body guide me in case of fraudulent transfer of shares , what process is to be followed? I would be much obliged.
C A Shah D J
USA

----- Forwarded Message -----
From: "info@cliofindia.com" <info@cliofindia.com>
To: newsletter@cli.in
Sent: Thursday, 26 September 2013 6:35 AM
Subject: Pre-Print Highlights of CC from CLI

CLI
www.cliofindia.com
info@cliofindia.com

COMPANY CASES (CC) HIGHLIGHTS

ISSUE DATED 27-9-2013

Volume 180 Part 4

ENGLISH CASES
SAT
DRAT
JOURNAL
NEWS-BRIEFS

SUPREME COURT JUDGMENTS


F Enforcement of security interest : Not mandatory for secured creditor to make an attempt to obtain possession on its own before approaching Magistrate u/s. 14 of SARFAESI Act, 2002 : Standard Chartered Bank v. V. Noble Kumar p. 137


HIGH COURT JUDGMENTS


F Approval of shareholders by requisite majority, condition precedent for scheme of arrangement or compromise : Brilliant Bio Pharma Ltd., In re (AP) p. 168

F Company will not be ordered to be wound up if its defence to winding up petition substantial : SICPA India P. Ltd. v. Brushman (India) Ltd. (Delhi) p. 187



COMPANY LAW BOARD ORDERS


F Section 188 attracted and not section 284 of 1956 Act for issuance of fresh notice for annual general meeting with notice of resolution for removal of managing director : Reliance Industries Ltd., In re p. 160



STATUTES AND NOTIFICATIONS




Acts :

Securities and Exchange Board of India (Amendment) Act, 2013 p. 459


Circulars :

General Circulars :

F Clarification on the notification dated 12th September, 2013--Circular No. 15 of 2013, dated 13th September, 2013 p. 462

F Relaxation of last date and additional fee in filing of e-Form 23C for appointment of cost auditor--Circular No. 14 of 2013, dated 3rd September, 2013 p. 462

F Whether Hindu Undivided Family (HUF)/its Karta can become partner/Designated partner (DP) in Limited Liability Partnership (LLP)--Circular No. 13 of 2013, dated 29th July, 2013. p. 461

SEBI Circulars :

F Arbitration mechanism in stock exchanges--CIR/MRD/ICC/20/2013, dated 5th July, 2013 p. 468

F Arbitration mechanism in stock exchanges--CIR/MRD/ICC/21/2013, dated 5th July, 2013 p. 469

F FII/QFI investments in security receipts--CIR/IMD/FIIC/9/2013, dated 9th July, 2013 p. 472

F Revised position limits for exchange traded currency derivatives--CIR/MRD/DP/22/2013, dated 8th July, 2013 p. 471

Notifications :

Companies Act, 2013 :

Notification under section 1(3) :

F Commencement of certain sections p. 457

Press Notes/Releases :

F Press Note No. 4 (2013 Series)--Amendment of the existing policy on Foreign Direct Investment--Definition of the term "control", for calculation of total foreign investment i.e. direct and indirect foreign investment, in Indian companies p. 464

Regulations :

F Foreign Exchange Management (Permissible Capital Account Transactions) (Amendment) Regulations, 2013 p. 465

F Foreign Exchange Management (Transfer or Issue of any Foreign Security) (Fifth Amendment) Regulations, 2013 p. 466


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Phone: (044) 24350752 - 55
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