Meharia and Company MCO Legals

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More than 45 years down the line, MCO's main vision has always been to simplify laws and hence, MCO- Knowledge Bank is a sincere effort from our end to spread a word about the recent developments in the legal field. Stay Updated and Informed.

HOW INQUIRY IS CONDUCTED TO LOOK INTO ABUSE OF DOMINANT POSITION

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

The object of the present Knowledge Bank Article is to look into how the inquiry into the existence of dominant position is conducted by the Authority and what powers the Authority has in doing so.

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ABUSE OF DOMINANT POSITION - COMPETITION ACT, 2002

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

The object of the present Knowledge Bank Article is to look into the concept of Abuse of Dominant Position under the provisions of the Competition Act, 2002

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DOMINANT POSITION - THE COMPETITION ACT,2002

Rishita Mall [LL.B from Campus Law Centre, Faculty of Law, University of Delhi]

The object of the present Knowledge Bank Article is to look into the concept of Dominant Position under the provisions of the Competition Act, 2002

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DOMINANT POSITION - MARKET - SECTIONs 2 (r), 2 (s) and 2(t) OF THE COMPETITION ACT, 2002

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

The object of this Knowledge Bank Article is to discuss the concept of Market under the Competition Act, 2002

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Combination - Caselaw Misc - Competition Act, 2012

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Punjab National Bank (PNB) was established in 1895 and is a scheduled commercial banking company, constituted under Section 3 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 and is listed in the Second Schedule of the Reserve Bank of India Act, 1934.

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Combination - Caselaw Jet Airways - Competition Act, 2012

Trisha Mukherjee [B.A LL.B from Jogesh Chandra Chaudhuri Law College, Calcutta]

Etihad Airways PJSC (a company incorporated in United Arab Emirates and its national airline) was acquiring 24% equity interest in Jet Airways (India) Limited and other rights and benefits which the parties had mutually agreed upon by virtue of the shareholder's agreement, cooperation agreement and investor's agreement, valued at Rs. 2060 Crore. Jet and Etihad jointly gave a notice under Section 6(2) to the Commission.

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Combination - Caselaw Century Tokyo - Competition Act,2012

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

Century Tokyo Leasing Corporation (CTLC) is a listed company incorporated under the laws of Japan and is primarily engaged in the business of leasing of equipment, instalment sales of information and communication equipment, and solution - oriented financing for different businesses. CTLC has no existence in India, either directly or indirectly, whether by way of a subsidiary, joint venture or otherwise.

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Case Study - Uniglobe Mod Travels - Competition Act, 2012

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

The Informant, a company registered under the Companies Act, 1956 is a travel agency providing various travel related services. It is an International Air Transport Association (IATA) accredited travel agent and is also a member of two more associations TAFI (OP-1) and TAAI (OP-2).

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Case Study - Glass Manufacturers of India - Competition Act, 2012

Trisha Mukherjee [B.A LL.B from Jogesh Chandra Chaudhuri Law College, Calcutta]

The present matter relates to suo-moto cognizance taken by the erstwhile Monopolies and Restrictive Trade Practices Commission ("MRTPC") ON the basis of an article published in the magazine "The Outlook Business" alleging cartel like practices of leading Indian manufacturers of float glass.

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LLP - Scope & Restriction on Liability

Rishita Mall [LL.B from Campus Law Centre, Faculty of Law, University of Delhi]

Businesses operate mainly as companies, sole proprietorship and partnerships. To bridge in the gap created in service sector that related to the professionals, in the business structure, the Limited Liability Partnership Act, was enacted in 2008 (for short "LLP Act" ) to strengthen new business environment.

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LLP - Incorporation in India

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

In India, formation, registrations and regulation of a Limited Liability Partnership (for short "LLP") is exclusively governed and controlled by the rules, provisions, and regulations provided in the Limited Liability Partnership Act, 2008 (for short "LLP Act") and the Limited Liability Partnership Rules, 2009 (for short "LLP Rules").

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Anti Competetive - Vertical Agreements - Competition Act, 2012

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

An agreement between the parties with any intention and effect on market is subjected to debate. Agreements between two firms at the same level of production are often anti-competitive for a mere reason (most of the times) that their products are substitutes.

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Anti Competetive - Horizontal Agreements - Competition Act, 2012

Rishita Mall [LL.B from Campus Law Centre, Faculty of Law, University of Delhi]

Horizontal Agreement is an agreement for co-operation between two or more competing businesses operating at the same level in the market. This is generally to develop a healthy relationship between competitors. The substantial clauses of the agreement may include policies regarding pricing, production and distribution. The agreement may also discuss sharing of information regarding the products and the market. Horizontal Agreements can prompt violations of antitrust laws because these agreements may include clauses which restrict competition.

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Anti Competetive - Rules of Interpretation - Agreements - Competition Act, 2012

Sohini Chowdhury [LL.B from New Law College, Bharati Vidyapeeth Deemed University, Pune]

After taking all the relevant factors into account in a given statute, there should be still some principles on which one can arrive at a conclusion on the effect of the anti-competitive conduct or practice on competition. The courts all over the world including India have come to judge violations of anti-competitive agreements by the following three main approaches namely:

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Anti Competetive - Agreements - Competition Act, 2012

Rishita Mall [LL.B from Campus Law Centre, Faculty of Law, University of Delhi]

An agreement in respect of the production, supply, distribution, storage, acquisition or control of goods or the provision of services, which causes or is likely to cause an "appreciable adverse effect on competition" within India, is defined as an 'anti-competitive agreement'. The Act prohibits anti-competitive agreements and declares that such agreements shall be void.

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Anti Competetive - Introduction - Competition Act, 2012

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Before considering the other issues of the Competition Act, 2002(hereinafter referred to as the "Act"), it may be useful to understand the economic milieu which led India to enact this Act which aims specifically at dealing with issues relating to the protection of the process of competition.

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Garnishment

Trisha Mukherjee [B.A LL.B from Jogesh Chandra Chaudhuri Law College, Calcutta]

The concept of 'Garnishment' has been introduced in Civil Procedure Code by the amendment Act, 1976.This term has been derived from the French word 'garnir' which means to warn or to prepare and in simple words the garnishee is the person who is liable to pay a debt to a judgment debtor or to deliver any movable property to him.

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Case Study - Eros International Media - Competition Act, 2012

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

The Informant in Case no. 52 is Eros International Media Limited, a company incorporated under Companies Act, 1956, which inter- alia, carries on the business of production, distribution and exploitation of cinematograph films.

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Case Study - Builders -Vs- Cement Association - Competition Act, 2012

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

The informant, a society registered under the Societies Registration Act, 1860 was an association of builders and other entities involved in the business of construction. The Cement Manufacturers' Association (OP 1) is an association of the cement manufacturers of India in which both public and private sector cement units were members.

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Case Study - All India Tyre Dealers' Federation - Competition Act, 2012

Sohini Chowdhury [LL.B from New Law College, Bharati Vidyapeeth Deemed University, Pune]

The information in this case was originally filed by the All India Tyre Dealer's Federation ("AITDF") against the tyre manufacturers before the Ministry of Corporate Affairs and the same was forwarded by the MRTPC. Consequent upon the repeal of the MRTP Act, the matter stood transferred to the CCI under section 66(6) of the Competition Act.

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Related Party Trans - Restrictions - Companies Act, 2013

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Any contract with a Related Party as describe above comes within the purview of a "Related Party Transaction" for the purpose of Section 188 of the 2013 Act.

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Related Party Trans - Disclosure, Exemptions & Penalties - Companies Act, 2013

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

The disclosure norms for Related Party Transactions are provided under Section 184 of the 2013 Act. It is very similar in approach to Section 299 of the 1956 Act and both lay down the disclosures by requiring "Disclosure of interest by Director"

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Related Party Trans - Concerns - Companies Act, 2013

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

The Companies Act, 2013 states the non applicability of the provisions pertaining to Related Party Transactions to transactions in ordinary course of business except those which arm's length price. However, there is no defination or clarification as to what activities constitute "ordinary course of business" for the said purpose. This needs to be addressed by the MCA so as to bring about some definitive meaning as to what is meant by ordinary course of business for the same purpose.

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Related Party Trans - Approvals - Companies Act, 2013

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

The general requirement for approval of any such Related Party Transaction is by way of consent of the Board of Directors.

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Related Party Trans - Introduction - Companies Act, 2013

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

A "Related Party" in a board sense refers to my transaction entered into by a Company with its subsidiaries, associates, directors, their relatives, through joint ventures, etc. It is hence any transaction by a person or company who may be in a position to exercise any significant influence on such a transaction being a contract or arrangement.

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AAEC - Competition Act, 2012

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

The basic requirement for section 3(1) of the Act to come into operation is that an agreement between enterprises relating to the supply of goods or services should cause or be likely to cause an AAEC within India. The key elements are: agreement, effect of the agreement on competition, that effect being adverse on competition and that adverse effect being appreciable.

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Major Compliances - Penalties - Companies Act, 2013

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

Another glaring issue is the consequence of non-compliance. There are clear penal consequences if you fail to even set up the CSR committee, fail to create a policy etc. In the New Companies Act, 2013 penal provisions have been increased significantly. For regular non compliance like not filing return etc can lead to criminal prosecution.

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Major Compliances - Fourth Quater - Companies Act, 2013

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Check the List Of Major Compliances required for public companies and private companies.

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Major Compliances - Third Quater - Companies Act, 2013

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Check the List Of Major Compliances required for public companies and private companies.

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Major Compliances - Second Quater - Companies Act, 2013

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Check the List Of Major Compliances required for public companies and private companies.

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Changes - Regulators and Investor Protection - Companies Act, 2013

Trisha Mukherjee [B.A LL.B from Jogesh Chandra Chaudhuri Law College, Calcutta]

National Company Law Tribunal (NCLT or Tribunal) [Section 407 to 434]:The 2013 Act provides for constitution of Tribunal and Appellate Tribunal with the objective of facilitating expeditious disposal of proceedings. All the matters, issues and disputes falling within the ambit of the 2013 Act will now be referred to NCLT.

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Changes - Incorporation - Companies Act, 2013

Arnav Vidyarthi [LL.B from Campus Law Centre,Faculty of Law,University of Delhi]

The Companies Act, 2013 is a vibrant step, which will play a major role in attaining the ultimate ends of social and economic policy of the government and in the development of companies in India on healthy lines.

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Key Managerial Person - Meaning - Companies Act, 2013

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

The Key management personnel as defined under the Companies Act, 2013 is a newly introduced term which was not present under the Companies Act, 1956. It is the first point of contact between the company and its stakeholders.

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Changes - Financial Statement & Dividends - Companies Act, 2013

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Under the 1956 Act, companies were permitted to decide their own financial year. The 2013 Act has taken away this liberty and requires all the companies to have a financial year ending as on the 31st of March.

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Kye Managerial Person - Penalties - Companies Act, 2013

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

CONSEQUENCES AND PENALTIES FOR NON-COMPLIANCES OF DUTIES OF KEY MANAGERIAL PERSONS:

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Changes - Depreciation - Companies Act, 2013

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

The 2013 Act brought a major alteration in the regulations governing depreciation provisions. The insertion of Schedule II under the 2013 Act provides for systematic allocation of the depreciable amount of an asset over its useful life unlike Schedule XIV of the Act (which specifies minimum rates of depreciation to be provided by a company).

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Major Compliances - First Quater - Companies Act, 2013

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

LIST OF MAJOR COMPLIANCES REQUIRED FOR PUBLIC COMPANIES AND PRIVATE COMPANIES: QUARTER I- APRIL TO JUNE

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Changes - Winding Up - Companies Act, 2013

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

The 2013 Act does not acknowledge the distinction between member voluntary winding up and creditor voluntary winding up vis-a-vis the position in Section 433 of the 1956 Act.

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Kye Managerial Person - Duties - Companies Act, 2013

Sohini Chowdhury [LL.B from New Law College, Bharati Vidyapeeth Deemed University, Pune]

An important duty of every Key Managerial Person like other directors is to disclose any interest whether financial or otherwise by way of an annexure in the explanatory statement to the notice calling the general meeting as per Section 102 of the 2013 Act.

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LLP - Partners

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Section 7 of the LLP Act provides that every LLP shall have at least two designated partners who are individuals and at least one of them shall be a resident in India. In case of a LLP in which the partners are body corporate or in which one or more partners are individuals and bodies corporate, at least two individuals who are partners of such LLP or nominees of such bodies corporate shall act as designated partners.

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Changes - Compromises and Arrangements - Companies Act, 2013

Mrs. Anju Bansal [LLB, University of Mumbai]

The 2013 Act features some new provisions in the area of mergers and acquisitions, apart from making certain changes from the existing provisions. While the changes are aimed at simplifying and rationalizing the procedures involved, the new provisions are also aimed at ensuring higher accountability for the company and majority shareholders and increasing flexibility for corporate.

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Service Tax on Real Estate

Rishita Mall [LL.B from Campus Law Centre, Faculty of Law, University of Delhi]

Suresh Kumar Bansal -Vs- Union of India and Others, Delhi High Court

The Petitioners had entered into a composite contract with M/s SethiBuildwellPvt. Ltd. (for short "the Builder") for purchase of flats in a multi-storey group housing project named "Sethi Group-Max Ryoal" situated in Sector 76, Noida, Uttar Pradesh.

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Introduction - Companies Act 2013

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Snapshot - Timeline of Events in the enactment of Companies Act, 2013

Government constituted an Expert Committee on Company Law under the Chairmanship of Dr. J. J. Irani on 2nd December 2004 to advice on New Companies Bill.

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Changes - Share Capital - Companies Act, 2013

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

The chapter on share capital and debentures introduces some key changes in the 2013 Act. To illustrate, the 2013 Act does not give any cognizance to the existing requirement of section 90 of the 1956 Act that provided some saving grace to private companies.

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LLP - Investigation of Affairs

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Limited Liability Partnership (for short "LLP") can be defined as a corporate busiess vehicle that enables professioal expertise and entrepreneurial initiative to combine and operate in flexible, innovative and efficient manner providing the benefit of a limited liability structure while allowing its members the flexibility of organizing their internal structure as a partnership.

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Important New Provisions - Companies Act, 2013

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

The 2013 Act has introduced several new concepts and definitions, some of which are accounting standards, auditing standards, associate company, CEO, CFO, control, deposit, employee stock option, financial statement, global depository receipt, Indian depository receipt, independent director, interested director, key managerial personnel, promoter, one person company, small company, turnover, voting right etc.

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Changes - Mergers and Acquisition - Companies Act, 2013

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

The 2013 Act introduces some new provisions with regard to mergers and acquisitions, apart from incorporating changes to the existing provisions in the 1956 Act.

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CSR - Profit Calculation - Companies Act, 2013

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

The Companies Act, 2013 mandates that certain companies which have net worth of Rs. 500 crore or more turnover of Rs. 1,000 Crore or more or a net profit of Rs. 5 crore or more during any financial year are required to spend 2% of their profit on activities relating to corporate social responsibility.

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Unjust Enrichment

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Black Law Dictionary:

The general principal is that one should not be permitted to unjustly enrich himself at the expense of other. Unjust enrichment of a person occurs when he has and retains money or benefits which injustice and equity belongs to another.

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Changes - Govt. Companies and CAG - Companies Act, 2013

Mrs. Anju Bansal [LLB, University of Mumbai]

HANGES RELATED TO GOVERNMENT COMPANY AND APPLICABILITY OF CAG:

Sub-sections (5) and (7) of section 139 of the 2013 Act provide for power of the Comptroller and Auditor-General (CAG) to appoint an auditor in a government company.

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CSR - Meaning - Companies Act, 2013

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

DEFINITION AND PURPORTS OF CORPORATE SOCIAL RESPONSIBILITY

A business is not independent of other factors. It cannot exist in isolation without taking into consideration its impact on the stakeholders involved in the business and upon whom the business has an impact.

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LLP - Compromise, Arrangement or Reconstruction

Piyush Agrawal [BBA-LLB from Christ University, School of Law, Bangalore]

COMPROMISE, ARRANGEMENT OR RECONSTRUCTION OF LLP

Chapter XII of the Limited Liability Partership Act, 2008 (for short "LLP Act") lays down the provisions concerning Compromise, Arrangement or Reconstrution of LLP's. The said Chapter under Sectios 60, 61 and 62 lay down the provisions regarding Compromise or arrangement of LLP's, the powers of the Tribunal to enforce compromise or arrangements and the provisions for facilitating reconstruction or amalgamation of limited liability partnerships.

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Changes - Director's Powers - Companies Act, 2013

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

The 2013 Act provides detailed role of the management by incorporating sections enunciating powers, duties and responsibilities of board of directors, KMP, etc.

Following are some of the important changes in the 2013 Act vis-a-vis 1956 Act:

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CSR - CSR Committee - Companies Act, 2013

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

MEANING OF CORPORATE SOCIAL RESPONSIBILITY COMMITTEE

The Corporate Social Responsibility committee is a committee formed out of certain directors of the Company, for oversight of the CSR Policy. It is the main body which helps frame the CSR policy sets out the expenditure and oversees the implementation of the policy in an effective manner.

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Concept of Carpet Area and Common Area - Realty Act 2016

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]
Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Section 2(k) of the Real Estate (Regulation and Development) At, 2016 (for short "Act") defines carpet area as:

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Changes - CSR - Companies Act, 2013

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

CORPORATE SOCIAL RESPONSIBILITY (CSR) :

The Ministry of Corporate Affair had introduced CSR Voluntary Guidelines in 2009. These guidelines are now part of the 2013 Act and mandates following companies with the CSR activities:

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Law Firm - Ancilliary Business

Rishita Mall [LL.B from Campus Law Centre, Faculty of Law, University of Delhi]

Can a Law Firm undertake an Ancillary Business?

Standards of Professional Conduct and Etiquette [Rules made by the Bar Council of India under section 49(1)(c) of the Advocates Act, 1961]

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CSR - Concept Evolution - Companies Act, 2013

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

EVOLUTION OF THE CONCEPT OF CORPORATE SOCIAL RESPONSIBILITY AND RECENT TRENDS:

India has had a long history of business involvement. This has often been backed up along with a lot of philanthropic contributions since around 1800, though informally.

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LLP Act an amalgam of a Partnership and a Company

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

How is the LLP Act an excellent mixture of partnership and Company?

Limited Liability Partnership (for short "LLP") is a body corporate formed and incorporated under the LLP Actand is a separate legal entity from that of its partners.

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Changes Related to Charges and their Registration - Companies Act, 2013

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Section 77 of the 1956 Act specifies certain charges which require registration with the Registrars of Companies (ROC) for such charges not to be considered void against the liquidator or any creditors of the company.

A charge in the nature of pledge of a movable property was a notable exception from such registration requirement.

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LPG Consumer

Aanchal Athwani [B.A. LL.B(H) from Amity Law School, Noida]

Is a LPG Consumer a "Consumer" under the Competition Act, 2002

Consumer has been defined to mean any person who buys goods or avails any service for a consideration.

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Changes - Board Meetings - Companies Act, 2013

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

The Companies Act, 2013 has introduced significant changes with respect to Board meetings and processes.

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Statutory Interpretation - Real Estate Act

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

RIGHTS AND OBLIGATIONS OF THE BUYERS AND THE PROMOTERS TOWARDS EACH OTHER WHERE A REAL ESTATE PROJECT IS EXEMPTED FROM REGISTRATION OF UNDER SECTION 3(2) OF THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016

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Board Committees and Fuctions - Companies Act, 2013

Piyush Agrawal [BBA-LLB from Christ University, School of Law, Bangalore]

Delegation of Power is a buzz word in the Companies Act 2013. This delegation is not only from Legislature to Executive but also from Board of Directors to its committees. Committees are not new to Indian Corporate Jurisprudence.

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Curative Petition

Arnav Vidyarthi [LL.B from Campus Law Centre,Faculty of Law,University of Delhi]

The concept of curative petitions was laid down by the court in the case of Rupa Ashok Hurra v. Ashok Hurra& Anr.1In this case a Writ Petition was filed against the order of dismissal of a review petition the Hon'ble Supreme Court of India.The decision in this case was given by a Canstitutional Bench.

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Board - Nominee Directors - Companies Act, 2013

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

The Companies Act, 2013 defines nominee director as a director nominated by any financial institution in pursuance of the provisions of any law for the time being in force, or of any agreement, or appointed by the Central Government or the State Government by virtue of its shareholding in a Government Company or any other person to represent its interests.

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Judgement Analysis - Bunga Daniel Babu .Vs. Sri Vasudeva Constructions

Rishita Mall [LL.B from Campus Law Centre, Faculty of Law, University of Delhi]

BUNGA DANIEL BABU -Vs- M/S SHRI VASUDEVA CONSTRUCTIONS AND OTHERS, CIVIL APPEAL NO. 944 OF 2016 DIPAK MISRA, J.&N.V.RAMANA, J.

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Changes - Audit + Accounts - Companies Act, 2013

Piyush Agrawal [BBA-LLB from Christ University, School of Law, Bangalore]

AUDIT AND AUDITORS :With the background of Satyam corporate scandal in India, 2013 Act extensively enhances accountability of the auditors.

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Board - Role + Duties - Companies Act, 2013

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

A Director is part of a collective body of Directors called the Board, responsible for the superintendence, control and direction of the affairs of the Company.

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Changes - Annual General Meeting - Companies Act, 2013

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

General Meetings [Section 96]. Deadline for holding the first Annual General Meeting [Section 96(1)]

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Board - Independent Directors - Companies Act, 2013

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Independent Directors play a pivotal role in maintaining a transparent working environment in the corporate regime.

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Damages - Concept

Rishika Singh [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

As per Black's Law Dictonary (9th Edition): "Damages are money claimed by, or ordered to be paid to, a person as compensation for loss or injury."

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Board - Disqualifications Directors - Companies Act, 2013

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

DISQUALIFICATIONS FOR APPOINTMENT OF DIRECTORS

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Damages - Illegal termination

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

How to claim damages where the contract has been illegally rescinded under Indian Law?

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Board - Composition + Qualification - Companies Act, 2013

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

"Board of Directors" or "Board", in relation to a company, means the collective body of the directors of the company

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Damages - Compensation

Rishika Singh [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Compensation is payment of damages or any other act that a court orders to be done by a person who has caused injury to another.

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Real Estate Act 2016 - Rights of Allottees

Mrs. Anju Bansal [LLB, University of Mumbai]

NOTE ON THE RIGHTS OF THE ALLOTTEES

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Real Estate Act 2016 - Duties of Promoter to Buyer

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

THE DUTIES OF A PROMOTER TOWARDS A BUYER

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What is Condition Precedent

Piyush Agrawal [BBA-LLB from Christ University, School of Law, Bangalore]

Research on the concept of Fulfilment of Condition Precedent

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DRT - Power to add a party to a proceeding

Rishika Singh [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

DRT's power to add a party in an application under Section 19 of The Recovery of Debts, due to Banks and Financial Institutions Act, 1993?

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Exceptions and Defenses in Defamation

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Section 499 of the IPC provides for 10 cases which are not to be considered as defamation. An accused charged with the offence of defamation may take the resort of any of these ten exceptions as defense.

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Start up in India

Piyush Agrawal [BBA-LLB from Christ University, School of Law, Bangalore]

Start - up India is a strategy intended to cherish innovation, sustainable economic growth and generate large scale of employment.

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Real Estate Act 2016 - Buyer and Allottee Meaning

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Is the Buyer and an 'Allottee' the same thing under the Real Estate (Regulation and Development) Act, 2016

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Disclosure under CPC

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Disclosure under Code of Civil Procedure 1908

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Res-judicata

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

According to ordinary dictionary meaning,'res judicata' means a case or suit involving a particular issue between two or more parties already decided by a court.

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Knowledge Bank - Section 11A

Rishika Singh [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Introduction of new section 11A and 11(14) to the arbitration and conciliation (amendment) act, 2015 and the newly inserted fourth schedule.

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Power of arbitrators to decide fraud under Amendment Act 2015

Rishika Singh [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

There is no specific provision in the Arbitration and Co??iliatio? A?t, ???? ?for short ?1996Act??e?u?erati?g or defi?i?g the powers of an arbitrator.

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Implications of Section 9

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

IMPLICATIONS ON SECTION 9 OF THE ARBITRATION AND CONCILIATION ACT, 1996, OF THE ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2015

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Municipal Authority - Whether a State within Article 12 of the Indian Constitution

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

Article 12 of the Indian Constitution defines "State" in Part III (Fundamental Rights) as....

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What are Side Letters in Transaction Documentation

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

The Agreement and the Side Letter can be specifically enforced under the Specific Relief Act, 1963....

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Timeline of ICC

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

This note deals with various timelines provided under the International Chambers of Commerce Rules, 2012 (for short "ICC Rules") for commencing the arbitration...

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What is Startup India

Mrs. Anju Bansal [LLB, University of Mumbai]

Start-up is one of the proposals of the government of India in order...

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Independent Director - Companies Act

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Independent Directors are defined in Section 149 (6) of the Companies Act, 2013...

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Introduction to Clause 49 - Listing Agreement

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Clause 49 of the Listing Agreement (for short "Clause 49") has been prescribed by the Securities Exchange Board of India...

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Arbitration Ordinance - Section 31A

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

REGIME FOR COSTS UNDER SECTION 31A OF THE ARBITRATION AND CONCILIATION (AMENDMENT) ORDINANCE, 2015

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Implications on section 11 of the arbitation and conciliation act, 1996 by the arbitration and conciliation (amendment) ordinance, 2015

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Implications on section 11 of the arbitation and conciliation act, 1996 by the arbitration...

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Arms Act, 1959 read with Arms Rules, 1962

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Arms Act, 1959 read with Arms Rules, 1962...

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Implications of Section 34 under the Arbitration and Conciliation (Amendment) Ordinance, 2015

Rishika Singh [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Section 34 under the Arbitration and Conciliation Act, 1996...

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Arbitration Ordinance - Section 12

Rishika Singh [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Implications on section 12 of the arbitration and conciliation act, 1996, of the arbitration and conciliation...

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Obligation-Constitution under llp act

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

When business partners are setting up a Limited Liability Partnership (for short "LLP") they should ensure that there is a written Limited Liability Partnership Agreement...

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Stamp Duty Implications- LLP

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Stamp duty applicability on property transfer in case of conversion to an LLP in comparison to an amalgamation order under Section 394 of the Companies Act, 1956.

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Arbitration Ordinance - Section 17

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Section 17 of the Arbitration and Conciliation Act, 1996 (For short "The Act") is an important provision, which is crucial to the working of the arbitration system, since it ensures that...

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Deed of Declaration

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

A deed of Declaration (DOD) in context of any transfer of property can be understood to be a document that covers the entire description of the property such as...

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Difference between incorporation document and LLP agreement

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Difference between an Incorporation Document and a Limited Liability Partnership Agreement. Section 11 of the Limited Liability Partnership Act, 2008 (for short "LLP Act")...

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Arbitration Ordinanace - Section 29B

Mr. Amit Kumar Nag [LLB, University of Calcutta; MBA in Personnel Management]

Introduction of New Section 29B - Fast Track Procedure under the Arbitration and Conciliation (Amendment) Ordinance...

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What is Memorandum of Understanding

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

A memorandum of understanding (for short "MOU") is a formal agreement between two or more parties. Companies and organizations can use MOUs to establish official...

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Arbitration Ordinance 2015 - Effect on Section 8 of Act

Mrs. Anju Bansal [LLB, University of Mumbai]

"Power of judicial authority to refer parties to arbitration. - Notwithstanding anything contained in Part I or in the Code of Civil Procedure, 1908...

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Steps to be followed to start a new company in India

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

When it comes to establishing a company, it is essential to first register the company with the Registrar of Companies...

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Under The Arbitration and Conciliation Act, 1996 and Under The Arbitration and Conciliation (Amendment) Ordinance, 2015

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

"Court" means the principal Civil Court of original jurisdiction in a district, and includes the High Court in exercise...

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Due Diligence

Mr. Amit Mohaan Meharia [LLB (Hons) King's College London, Solicitor (Supreme Court of England & Wales)]

Due diligence is a process of thorough and objective examination that is undertaken before corporate entities...

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Implication of Section 17 of The Arbitration and Conciliation Act, 1996 after the promulgation of The Arbitration and Conciliation (Amendment) Ordinance, 2015

Ayushi Gupta [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Implication of Section 17 of The Arbitration and Conciliation Act, 1996 after the promulgation of The Arbitration...

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Implications of Section 24 under the Arbitration and Conciliation (Amendment) Ordinance, 2015

Tannishtha Singh [LLB (Hons.), ILS Law College, Pune]

Primarily there is a distinction between the procedures adopted by a court in a suit before it and the procedures implemented...

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Comparison Between Proposed Amendments in 246th Report of Law Commission & Arbitration and Conciliation (Amendment) Ordinance, 2015

Rishika Singh [LLB (Hons.), Campus Law Centre, Faculty of Law, University of Delhi.]

Comparison between amendments recommended by law commission in it's 246th report to arbitration and conciliation act, 1996...

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About MCO Legals

MCO Legals, a division of Meharia & Company Advisors LLP provides complete legal solution with its extensive legal research, innovative approach and a commitment to provide quality and efficient services to its clients. The contribution made by the Firm, makes it one of the leading law firms with branches at New Delhi, Kolkata and Mumbai.

  • Corporate Office 6A, Block - Q, Jungpura
    Extension,
    New Delhi 110014

    E: delhi@mcolegals.in
  • Registered Office 9,Old Post Office Street,
    2nd Floor,
    Kolkata 700001

    E: kolkata@mcolegals.in
  • Branch Office 105, Mumbai Samachar Marg
    Office no.23, 2nd Floor, Fort
    Mumbai 400023

    E: mumbai@mcolegals.in