MoF notifies the Securities Contracts (Regulation) Amendment Rules, 2022
On 2-1-2023, the Ministry of Finance has notified the Securities Contracts (Regulation) Amendment Rules, 2022 to amend the Securities Contracts
Companies Act 2013
Order of stay/moratorium under the Companies Act, 2013 prohibits the initiation of any proceedings; Parties cannot be referred to Arbitration: Delhi High Court
The Delhi High Court ruled that the moratorium granted by the NCLAT, staying the institution of suits and proceedings against the Corporate Debtor, after the resolution process was initiated against it under Sections 241 and 242 of the Companies Act, 2013, was akin to an order of moratorium passed under Section 14 of the Insolvency and Bankruptcy Code, 2016.
2022 SCC Vol. 9 Part 5
Arbitration and Conciliation Act, 1996 — Ss. 7, 8 and 11 — Essential requirements of arbitration agreement: When there is discernible intention
Calcutta High Court | ROC can initiate multiple/ parallel proceedings upon discovery of additional material warranting inquiry under Section 206 of Companies Act
Calcutta High Court | While dismissing a writ petition challenging the capacity of Registrar of Companies (ROC) to initiate multiple/
Green Finance and Environmental Governance
by Kritika Krishnamurthy† and Tapasi Mohapatra††
NCLT Recognises the Role of a Company Secretary as a Watchdog to Ensure Corporate Governance
by Aditya Vikram Jalan† and Urvashi Misra††
“Reduction of Share Capital is a matter of domestic concern”; NCLAT confirms reduction of the share capital approved by the shareholders of Precious Energy Services Ltd.
National Company Law Appellate Tribunal (NCLAT): While deciding the instant appeal filed by Precious Energy Services Ltd., against the order
Whether Shareholders have the right to remove Directors of a company? NCLT explains in light of Companies Act, 2013
National Company Law Tribunal, Kochi: Expressing that the management of business affairs in a company is not a sole duty of a
NCLAT | On not finding flaws in the NCLT order, abstains from interfering- Petitioner not being authorised under S.7 IBC, lacks locus standi
National Company Law Appellate Tribunal (NCLAT)- The Coram of Justice Jarat Kumar Jain (Judicial Member), Ashok Kumar Mishra (Technical Member), and Alok
Not just the petitioning creditor but ‘any’ creditor can initiate transfer of winding up proceedings from a Company Court to NCLT; holds SC
Proceedings for winding up of a company are proceedings in rem to which the entire body of creditors is a party, hence, by a deeming fiction the petition by even a single creditor is treated as a joint petition.
NCLAT | If objections raised in regard to “Scheme” under S. 230 of Companies Act, 2013 are procedural in nature, can they be overruled? Tribunal expounds
National Company Law Appellate Tribunal (NCLAT): A Division Bench of Justice Jarat Kumar Jain (Judicial Member) and Balvinder Singh (Technical Member) while addressing
Del HC | Will the jurisdiction to address issues of oppression and mismanagement, elections to board of directors of company, etc., vest exclusively with NCLT? HC considers
Delhi High Court: Najmi Waziri, J., while addressing the present matter considered the following issues: Whether elections to the Board of Directors of
Companies (Winding Up) Rules, 2020 — Notified by Ministry of Corporate Affairs [Read Notification]
Ministry of Corporate Affairs notifies — Companies (Winding-Up) Rules, 2020 through Notification No. G.S.R. 46(E). The notification has been divided into 6
Central Govt. designates Special Courts under Companies Act, 2013 for speedy trial
S.O. 4570(E).—In exercise of the powers conferred by section 435 of the Companies Act, 2013 (18 of 2013) (hereinafter referred to as
MCA | Corporate Affairs Ministry Launches Independent Director’s Databank
The Ministry of Corporate Affairs, with the objective of strengthening the institution of Independent Directors under the Companies Act, launched today the Independent
MP HC | In absence of any offence punishable under Companies Act, Special Court doesn’t have jurisdiction to try the case which is punishable under IPC
Madhya Pradesh High Court: S.K. Awasthi, J. dismissed the petition on the ground that trial court and not Special Court are competent
Compliance Checklist for Passing of Resolution by Circulation
Gaurav N Pingle, Practising Company Secretary, Pune
Cite as: (2019) PL (CSP) June 66
MCA notifies National Financial Reporting Authority (Meeting for Transaction of Business) Rules, 2019
G.S.R. 377(E)—In exercise of the powers conferred by sub-section (10) of Section 132 read with Section 469 of the Companies Act, 2013