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corporate law


Are CDA Rules of 1978 are in contradiction to Section 4 of The Payment of Gratuity Act,1972?

The Supreme Court in a recent judgment namely Chairman cum Managing Director, Mahanadi Coalfields Limited V Sri Rabindranath Choubey Civil Appeal No. 9693 OF 2013delivered by Hon'ble Judge Arun Mishra and M.R. Shah on 27th May, 2020 overruled the decision in Jaswant Singh Gill V. Bharat Coking Coal Ltd.[1] The facts of the case..

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Retirement of one partner in a partnership firm of two amounts to dissolution of the firm: Supreme Court of India

WHAT WAS THE CASE ABOUT?   In the case of Guru Nanak Industries vs Amar Singh the supreme court bench of Justice NV Ramana, Sanjiv Khanna and Krishna Murari held that when there are only two partners in a partnership firm and one of them agrees to retire then the retirement amounts to the dissolutio..

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Conversion of a Private Limited Company to LLP

​SYNOPSIS LLP is a simpler, more convenient, and easy to use form of an organization over a company considering the compliance and taxation point of view. It may be more beneficial for small entrepreneurs and professionals particularly operating in small and medium-sized businesses. The conversion from an existing company can e..

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Reduction in statutory rate of contributions from 12% to 10% for salary months of May, June and July 2020

Lower rate of EPF subscription 10% with EPFO notified placing higher liquidity in the hands of employees and employers during COVID -19 pandemic Government Sector, their PSEs and establishment whose subscription is being borne by Union Government under PMGKY continue to ..

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An analysis of the impending proposal to suspend sections 7, 9 and 10 of the insolvency and bankruptcy code, 2016

INTRODUCTION The Insolvency and Bankruptcy Code, 2016 (‘IBC/the Code’) was introduced as need of the hour, to consolidate and revamp the existing insolvency and bankruptcy framework in India by enacting a robust law that would give certainty of process, time and outcome to t..

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Reliance Gio's stake purchase by Facebook

The much notable news in Indian corporate circle in this gloomy situation of COVID19 is of Facebook's $5.7 billion investment in Reliance Jio. The Indian stock market celebrated it with much fanfare and Reliance's shares closing was almost 10% higher than the previous day closing. It reminds me of one of the unusual incident of 12 ..

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Welfare measures issued during COVID -19 Pandemic

In March 2020, when the Covid-19 Pandemic truly set foot in India, a nationwide lockdown was announced, resulting in the shutting down of almost all factories, offices, shops, and establishments. However, a lockdown of such magnitude, which brought the economy of more than 2.8 Trillion U.S. Dollars to a grinding halt, was bound to hurt all, including the workers emplo..

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An overview of FOSFA

Federation of Oils, Seeds and Fats Associations Limited (FOSFA) is an association of various companies, firms, traders & organizations who are into the business of certain commodities. The above said Institution in addition to the other works and services of an association of its members, it also administers arbitrations and arbitration appeals, i..

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ESIC & EPF relief scheme guidelines 2020 due to COVID19

Pradhan Mantri Garib Kalyan Yojana: A Scheme to implement the PMGKY package for credit of employee’s & employer’s shareof EPF & EPS contributions (24% of wages) for three months by Govt. of India. Overview: The Govt. of India on 26.03.2020 relief package under Pradhan Mantr..

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Unearthing cartels by invoking applicant confidence: Lesser penalty regulations, 2009

INTRODUCTION Cartels, if not the biggest, are arguably one of the biggest barriers against competition in India. Cartels are formed and operate in conspicuous conditions and thus, are difficult to trace. Unearthing cartels is nearly impossible if conventional practices are resorted to, therefore, members/enterprises engaged i..

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Key Highlights of RBI Liquidity Support to Mutual Funds due to COVID-19

RBI Announces Rs. 50,000 crore Special Liquidity Facility for RESERVE BANK OF INDIA, vide press release 2019-2020/2276 dated 27th April, 2020 has Announces Rs. 50,000 crore Special Liquidity Facility for Mutual Funds (SLF-MF) In view of the situation arising due to COVID-19 pandemic and extended lockdown period. Why RBI Announ..

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Relaxation in adherence to prescribed timelines issued by SEBI due to COVID 19

Major relaxation is given under: • Certificate Received from Registrar under Regulation 74(5) of the SEBI (D & P) Regulations, 2018 • Reconciliation of Shares and Capital Audit : under Regulation 76 of the Securities and Exchange Board of India (Depositories and Part..

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Force majeure on contracts in India during COVID-19

The novel coronavirus or COVID-19 outbreak has managed to take the whole world into hostage within less than four months, and disrupted the lives of millions across the globe and the global economy has been hit the hardest with the markets across the world also taking a tumble amid the virus outbreak. The businesses have suffered with multiple contracts and transactio..

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Independent Directors are KMP to CG & can't remain in 'cosy club'

“INDEPENDENT DIRECTOR - KMP TO CORPORATE GOVERNANCE' - can't remain in 'cosy club': stated by Sh. Injeti Srinivas The corporate affairs ministry, known as Corporate Governance Agency, is implementing the companies law, has take..

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Final Award or Partial Award: Tests

An arbitral tribunal need not give only one award in an arbitration, depending on the requirements in each case, it can give multiple awards but the last one would be the final award. The award pronounced in the end of the proceedings is known as Final award and the other awards are called as partial awards or interim awards. But some of the interim awards are legal..

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