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New Insider Trading Regulations notified

20 January, 2015 Securities and Exchange Board of India has notified new set of regulations, to put in place a framework for prohibition of insider trading in securities. As per the new Regulations, ‘insider’ means a connected person or a person having access or possession of unpublished price sensitive information. It may be noted that according to the note below the definition of ‘insider’,...

FDI in defence sector

17 December, 2014 The Department of Industrial Policy and Promotion (DIPP) has provided a list of defence items as finalised by Department of Defence Production, Ministry of Defence and has clarified that items not in the list, and dual use items i.e. items  having military as well as civilian applications, would not require industrial license for defence purposes. Further, according to RBI...

BIFR does not automatically lose jurisdiction once company gets revived

17 December, 2014 The Supreme Court of India has held that after a reference is registered by the Board for Industrial and Financial Reconstruction (BIFR), all throughout the subsequent stages, BIFR has complete supervisory control over the affairs of such company till it is revived or the decision to wind up such company is taken. The Apex Court rejected the plea that since the net worth o...

Land Developer Scheme linking returns to land value appreciation is a ‘Collective Investment Scheme'

17 December, 2014 SEBI has held that fund mobilizing activity of a company under the garb of real estate business for sale/purchase, development and maintenance of agricultural land is covered within the parameters of ‘collective investment scheme’ as defined in Section 11AA of the SEBI Act, 1992. The company in this case was running a scheme whereby it collected deposits from public in lump-...

FDI Policy relaxed for construction sector

6 November, 2014 The Indian Government has approved amendments to Foreign Direct Investment Policy (FDI) relating to Construction Development Sector. According to the press release issued after the Cabinet meeting, the minimum area requirement of 10 hectares for serviced housing plots has been removed and the minimum built-up area has been reduced to 20,000 sq metres of minimum floor area.  A...

Competition law – Requirement of notice when directing ‘further’ investigation

16 September, 2014 Notice before directing further investigation under Section 26(7) of the Competition Act is not required to be given to the person against whom information was provided. Delhi High Court in this case decided on 3-9-2014 was of the view that reasons given by Supreme Court in the case of Steel Authority of India for holding that no notice/hearing is required to be given to th...

Company Law Settlement Scheme 2014 introduced

22 August, 2014 Ministry of Corporate Affairs has introduced Company Law Settlement Scheme 2014. This scheme provides for condoning delay in filing of annual documents (Annual Return and Financial Statements) on the MCA 21 electronic registry. The Scheme, which will come into force from 15-8-2014 and remain in force till 15-10-2014, grants immunity from prosecution and allows for reduced ad...

Directors liable for breach of RBI Regulations irrespective of sanction of amalgamation

22 August, 2014 The Delhi High Court has on 1-8-2014, in a case relating to sanction of amalgamation scheme, held that if it is found that the transferee-company has violated any provision of the Reserve Bank of India Act then the Directors of such company, who are guilty of said breach, shall continue to be liable irrespective of the sanction of the amalgamation scheme. The Regional Director...

Arbitration - Disputes alleging ‘fraud’ and ‘misrepresentation’ capable of resolution

22 August, 2014 Bombay High Court on 31-7-2014  has held that ‘fraud’ and ‘misrepresentation’ as defined under Sections 17 and 18 of the Contract Act are well accepted grounds which would vitiate ‘free consent’ and consequently the contract itself and therefore, as a general rule, it cannot be said that once fraud and misrepresentation are alleged in the context of a contract, the subject mat...

Competition law – Relevant market and locus standi for moving CCI

28 July, 2014 Competition Appellate Tribunal (COMPAT) on 4-7-2014 has held that there cannot be a restrictive ‘relevant market’ on the basis of a singular feature in the impugned goods (car in this case). The decision of the Competition Commission of India (CCI) which found the relevant market to be market for luxury cars sold in India, was hence upheld by the COMPAT rejecting the plea of the...

Related party transactions - Section 188 of Companies Act clarified

28 July, 2014 Prohibition of any related party from voting in any special resolution of the company to approve any contract or arrangement (as specified in Section 188 of the Companies Act, 2013) is applicable only to the contract or arrangement for which the special resolution is being passed. MCA General Circular No. 30/2014, dated 17-7-2014 issued for this purpose clarifies that the term...

E-voting clarified

19 June, 2014 Voting through electronic means i.e. e-voting as contained in Section 108 of the Companies Act, 2013 read with Rule 20 of the Companies (Management and Administration) Rules, 2014 is not mandatory till 31st of December, 2014. The Ministry of Corporate Affairs has, on 17th June, clarified certain aspects of these provisions on e-voting.  According to General Circular No. 20/201...

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