Friday, June 19, 2015

[aaykarbhavan] Judgments and Infomration , C L I Company Cases , F Y I Not of any professional Interest at all. [2 Attachments]





READING OF THIS STORY YOU WILL RECOLLECT MANY WHO HAVE BEEN DOING SIMILAR THINGS....

Remember the super 30 King ... remember Satyarthi.....and many more

I am reminded of two stories. Coffee from the wall... a custom prevalent in Italy, two people visiting restaurant order 3 cup of coffee, ie one for the wall and  any needy person enters and orders coffee from the wall... the waiter give him equal request..... This I saw happening in Masjid Bunder area (Mumbai)... here on a particular day needy people get q-ued before a very low profile restaurant, people (who are not persons of might)  coming to eat, eat for themselves and also ask to give food to the qued people..... Great experience.....

One more story: one person in some foreign country saw bare foot children, and this was the cause of they getting affected by HOOK worm... he was in manufacturing of shoes.... he adopted a policy to give free as much as he sold...blessed.....







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He is not a wealthy man and has no other business. Like most of us, he has a family to look after. His wife is a yoga teacher and both his daughters are in college. He has little savings.
One would expect a man like him to constantly think of ways to develop his business and make more money. That's what 'normal' people would have done anyway.
But 50-year-old Venkatraman is a different kind of person. He has no such worries. His only concern is to see how he could continue with the Lunch at Re 1 scheme at his hotel.
For over five years, Venkatraman has been giving lunch every day for about thirty persons at his hotel for just Re 1.
The beneficiaries are mostly attendants of poor in-patients from the nearby Government General Hospital, who pay just Re 1 for a meal that is priced at Rs 50 for other customers.
Venkatraman may have served at least 40,000 Re 1 meals till date. The prices of food grains, oil, spices and vegetables have gone up many times in the last four years, but the one rupee lunch has remained unaffected.
Venkatraman ensures that the poor get the same meal that his other customers get for Rs 50.
"For other customers, the price has been revised. Five years ago, the cost of a lunch at our hotel was Rs 25; now it is Rs 50," says Venkatraman, who also gives a 20 percent discount for the disabled.
This extraordinary effort started in 2008 when a woman who had admitted her relative to the general hospital came to his mess to buy idlis for herself and another relative. When Venkat informed her that the idlis were over and suggested dosas instead she told him that since dosas were more expensive, she would not have enough money to buy food for two people and that one of them would have to go hungry. That got Venkat thinking. "I knew I had to do something. Sometimes the patient gets hospital food but it's their caretakers and relatives who stay hungry. If you look at the profile, they are mostly daily wage labourers who have to go for work and therefore income to watch over their family members at the hospital," says Venkatraman.
"Initially I had planned to give them a free meal. But then I felt they might be embarrassed, and perceive it as charity. They may also worry about the quality of the food since it is free of cost. Therefore I decided to charge a token amount of Re. 1," he explains.
Though he is facing financial difficulties, Venkatraman receives solace from the 'divine blessings'.
"I have the full support of my family in whatever I am doing. My second daughter scored 1085 marks (out of 1200) in her Plus 2 exam. We were unable to admit her in engineering college because we could not afford the fees. But thanks to a person in Ramakrishna Math, she got a seat in a reputed engineering college in Chennai. The management has also given her a fee waiver.
"I have reasons to believe that such good things have happened in my life because of the small acts of service to the poor I have been doing. It gives me great satisfaction," says Venkatraman.
Why do we always fail to respect true Humans ?
Please Don't Ignore This, Do Share It With Others
I think he demands nothing from us but some respect and a little bit recognition. So Please -LIKE & SHARE—

Press Information Bureau
Government of India
Ministry of Finance
17-June-2015 17:15 IST
Finance Minister approves the formation of 2 Committees for facilitating implementation of Goods and Services Tax from 1.4.2016.

Finance Minister has approved the formation of 2 Committees for facilitating implementation of Goods and Services Tax from 1.4.2016.

A Steering Committee been formed under the Co-Chairmanship of Additional Secretary, Department of Revenue and Member Secretary, Empowered Committee of State Finance Ministers. This Committee has Members from Department of Revenue, Central Board of Excise & Customs, Goods and Services Tax Network (GSTN) and representatives of State Governments. This Committee shall monitor the progress of IT preparedness of GSTN/CBEC/Tax authorities, finalisation of reports of all the Sub-Committees constituted on different aspects relating to the mechanics of GST and drafting of CGST, IGST and SGST laws/rules. The Committee shall also monitor the progress on consultations with various stakeholders like trade and industry and training of officers.

Another Committee has been formed under the Chairmanship of the Chief Economic Advisor, Ministry of Finance to recommend possible tax rates under GST that would be consistent with the present level of revenue collection of Centre and States. While making recommendations, this Committee would take into account expected levels of growth of economy, different levels of compliance and broadening of tax base under GST. The Committee would also analyse the Sector-wise and State-wise impact of GST on the economy. The Committee is expected to give its report within two months.

Meanwhile, progress is underway to finalise various aspects of GST design like business processes, payment systems, matters relating to dual control, threshold, exemptions, place of supply rules and also making of model GST, SGST and IGST laws and rules. This task is being undertaken through various Sub-Committees formed by the Empowered Committee which has officers from Government of India as well as State Governments as Members.

Goods and Services Tax Network (GSTN) is taking steps for preparing the IT infrastructure for roll out of GST. The IT infrastructure shall enable online registration, filing of returns and getting refunds. Various State Governments are also preparing the necessary back end IT infrastructure for implementation of GST which shall relate to aspects like assessments and audit.

Periodic reviews are being held in the Department of Revenue to monitor the progress of all the above activities.

**********


DSM/MAM

India emerges as UK's 3rd largest FDI source; Cease & desist notice to Snapdeal for misusing Nalli's Trademark

India emerges as UK's 3rd largest FDI source; Cease & desist notice to Snapdeal for misusing Nalli's Trademark

 


Quashes Yes Bank's director appointments; Co-founder's rights not "personal", devolves to widow

In a suit filed by Late Mr. Ashok Kapur's (co-founder of YES Bank) wife and other legal heirs against Mr. Rana Kapur (other co-founder), Bombay HC quashes appointment of ​​YES Bank's directors, viz., MR Srinivasan​ (Chairman)​, Ravish Chopra, Rajat Monga, Sanjay Palve, Pranay Mondal, Diwan Arun Nanda and Ajay Vohra​, being ultra vires the Articles of Association, but allows Mr Rana Kapur to continue as Bank's Managing Director & CEO; Accepts plaintiff's contention and rules that legal heirs of  Mr. Ashok Kapur have right to nominate Board of Directors; Observes that the Articles define the term "Indian Partners" to include both Ashok Kapur and Rana Kapoor which further include their "heirs, successors, legal representatives and assigns"; Rejects defendant's contention that rights were personal, limited only to the founders of banks, not to their heirs, states that, "There is, a fatal fallacy in this argument"; Holds that, "Every venture has its progenitor or promoter, and licenses are granted to the proposed venture because of person's abilities. This does not colour the rights to be found in the Articles and I do not believe that any principle of interpretation can allow us this kind of a regression."; Rejects defendant's reliance on co-ordinate bench ruling in Rolta India Ltd & Anr. v Venire Industries Ltd. & Ors., as distinguishable on facts;Observes that the Articles provide for right to nominate three directors, however, points out that it is an indivisible right and must be exercised jointly, "cannot be splintered into component rights with each group nominating its own person to Yes Bank's Board"; On the other hand, HC denies plaintiff's plea to appoint Mr Ashok Kapur's daughter's on Board, which was denied by the Board, holds that, "It is one thing if the Board acts in violation of law or a statutorily binding directive. Whether or not the Board found Shagun's work profile and background commensurate is not for me to assess"; Further, on the issue of declassifying Ashok Kapur's heirs from promotional holdings, restrains defendants from moving applications before RBI to declassify them:Bombay HC

The ruling was delivered by Justice G.S. Patel.
 
Senior Advocate D.J Khambhatta argued on behalf of the plaintiffs, while defendants were represented by Senior Advocates Rohit Kapadia and Dr. Veerendra Tulzapulkar


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COMPANY CASES (CC) HIGHLIGHTS


ISSUE DATED 19-6-2015

Volume 190 Part 7


SUPREME COURT
ENGLISH CASES
SAT
DRAT
JOURNAL
NEWS-BRIEFS


HIGH COURT JUDGMENTS


F Where secured creditor, official liquidator to consider certificate of mortgage treating it as valid and adjudicate claim of bank and pay it forthwith : Syndicate Bank v. Official Liquidator (Shree Manjusha Paper Mills Ltd.) (Cal) p. 531

F Where company filing application seeking modification of order for rescheduling payment, Division Bench within power to consider application and examine whether company deserved relief : Maheshwary Ispat Ltd. v. Tata Capital Financial Services Ltd. (Cal) p. 539

F Where scheme of arrangement or compromise, dues of unsecured paid off and its claim for damages not yet adjudicated, objections by creditor set aside : Ranbaxy Laboratories Ltd., In re (P & H) p. 547





COMPANY LAW BOARD ORDERS


F Where transfer of shares no forgery, fraud, manipulation and misrepresentative involved, it was valid : 3A Capital Services Ltd. v. HMG Industries Ltd. p. 516

F Allotment of shares exclusively to one group of shareholders resulting in dilution of shareholding of other group, oppressive : Babu Khandelwal v. Andhra Ferro Alloys Ltd. p. 566

F Removal of director for absence from three consecutive board meetings without notice of meetings not tenable : Babu Khandelwal v. Andhra Ferro Alloys Ltd. p. 566

F Disputed question of facts could not be dealt in summary proceedings before CLB : B. Subitha Kumar v. El-Shaddai Biologicals Ltd. p. 601




STATUTES AND NOTIFICATIONS


F Circulars :
RBI Circulars :
RBI/2014-15/552, DNBR (PD) CC. No. 029/03.10.001/ 2014-15-Guidelines on Corporate Governance-Review p. 127

F Directions :
Non-Banking Financial Companies-Corporate Governance (Reserve Bank) Directions, 2015 p. 105

F Press Notes/Releases :
Press Note No. 6 (2015 Series)-Review of the investment limit for cases requiring prior approval of the Foreign Investment Promotion Board (FIPB)/Cabinet Committee on Economic Affairs (CCEA) p. 103

Press Note No. 7 (2015 Series)-Review of Foreign Direct Investment (FDI) Policy on Investments by Non-Resident Indians (NRIs), Persons of Indian Origin (PIOs) and Overseas Citizens of India (OCIs) p. 104

F Regulations :
Foreign Exchange Management (Permissible Capital Account Transactions) (Third Amendment) Regulations, 2015 p. 102

Securities and Exchange Board of India (Employees' Service) (Second Amendment) Regulations, 2015 p. 97

Securities and Exchange Board of India (Mutual Funds) (Amendment) Regulations, 2015 p. 98

F Rules :
Foreign Exchange Management (Current Account Transactions) Amendment Rules, 2015 p. 99

F Notifications :
Companies Act, 2013 : Notification under section 133 read with section 469 : Rescission of notification p. 101




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Posted by: Dipak Shah <djshah1944@yahoo.com>


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