Knowledge Channel

CLAonline e-library on Company / SEBI / Insolvency and Bankruptcy / FEMA / Competition and Other Laws Since 1950

Latest Updates

  • CIRCULARS / NOTIFICATIONS
  • CASE LAWS
  • ARTICLES
  • QUERIES
  • Change in the location of Debts Recovery Tribunal- 1 and Debts Recovery Tribunal-2, Bangalore  [S.O. 1295(E)][20th March 2023]

  • Common and simplified norms for processing investor’s service requests by RTAs and norms for furnishing PAN, KYC details and Nomination  [SEBI/HO/MIRSD/MIRSD-PoD-1/P/CIR/2023/37][16th March 2023]

  • Establishment of Centre for Processing Accelerated Corporate Exit  [S.O. 1269(E)][17th March 2023]

  • Securities and Exchange Board of India (Foreign Portfolio Investors) (Amendment) Regulations, 2023  [No. SEBI/LAD-NRO/GN/2023/128][14th March 2023]

  • Amendments in notification number S.O. 2099 (E), dated 5th May, 2022  [S.O. 1242(E)][15th March 2023]

  • Clarification with respect to Qualified RTAs (QRTAs)  [SEBI/HO/MIRSD/MIRSD-PoD-1/P/CIR/2023/36][10th March 2023]

  • Operational Guidance - Amendment to Securities and Exchange Board of India (Buy-back of Securities) Regulations, 2018 (“Buy-back Regulations”)  [SEBI/HO/CFD/PoD-2/P/CIR/2023/35][8th March 2023]

  • Money-laundering (Maintenance of Records) (Amendment) Rules, 2023  [S.O. 1074(E)][7th March 2023]

  • Serving of copy of applications to the Board, as mandated under Rules 4, 6 and 7 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016  [Circular No. IBBI/LAD/58/2023][4th March 2023]

  • Amendments in Notification Number S.O. 372(E), dated 5th February, 2016  [S.O. 1036(E)][3rd March 2023]

  • Securities and Exchange Board of India (Depositories and Participants) (Amendment) Regulations, 2023  [No. SEBI/LAD-NRO/GN/2023/125][28th February 2023]

  • Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Amendment) Regulations, 2023  [No. SEBI/LAD-NRO/GN/2023/124][28th February 2023]

  • Special Economic Zones (Amendment) Rules, 2023  [G.S.R. 125(E)][23rd February 2023]

  • Advisory for SEBI Regulated Entities (REs) regarding Cybersecurity best practices  [SEBI/HO/ITD/ITD_VAPT/P/CIR/2023/032][22nd February 2023]

  • Filing of Forms GNL-2 (filing of prospectus related documents and private placement), MGT-14 (filing of Resolutions relating to prospectus related documents and private placement), PAS-3 (Allotment of Shares), SH-8 (letter of offer for buy-back of own shares or other securities), SH-9 (Declaration of Solvency) and SH-11(Return in respect of buy-back of securities) due to migration from V2 Version to V3 Version in MCA 21 Portal from 22nd February, 2023 to 31st March, 2023  [General Circular No. 05/2023][22nd February 2023]

  • Consultation Paper on Streamlining Disclosures by Listed Entities and Strengthening Compliance with SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015  [][20th February 2023]

  • Maintenance of a website by stock brokers and depository participants  [SEBI/HO/MIRSD/MIRSD-PoD-1/P/CIR/2023/30][15th February 2023]

  • Introduction of Issue Summary Document (ISD) and dissemination of issue advertisements  [SEBI/HO/CFD/PoD-1/P/CIR/2023/29][15th February 2023]

  • Securities and Exchange Board of India (Real Estate Investment Trusts)(Amendment) Regulations, 2023  [No. SEBI/LAD-NRO/GN/2023/123][14th February 2023]

  • Securities and Exchange Board of India (Infrastructure Investment Trusts) (Amendment) Regulations, 2023  [No. SEBI/LAD-NRO/GN/2023/122][14th February 2023]

  • VIKAS RAMBAL AND OTHERS V. STATE REP. BY, THE DRUGS INSPECTOR, UDUMALPET RANGE  [2022] 171 CLA 68 (Mad.)- Offences by Companies- Drugs and Cosmetics Act, 1940

  • SECURITIES AND EXCHANGE BOARD OF INDIA V. NATIONAL STOCK EXCHANGE MEMBERS ASSOCIATION AND ANOTHER  [2022] 171 CLA 1 (SC)- Registration of Brokers/Sub-Broker- Securities and Exchange Board of India Act / Regulations

  • REGEN POWERTECH (P.) LTD. V. WIND CONSTRUCTION (P.) LTD. AND OTHERS  [2022] 171 CLA 32 (NCLAT)- Fraudulent/wrongful trading- Insolvency and Bankruptcy Code, 2016

  • BALKRISHNA RAMA TARLE DEAD THR LRS. AND ANOTHER V. PHOENIX ARC (P.) LTD. AND OTHERS  [2022] 171 CLA 80 (SC)- Secured Asset- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

  • B PARAMESHWARA UDPA V. ASSISTANT PF COMMISSIONER, EMPLOYEES’ PROVIDENT FUND ORGANISATION  [2022] 171 CLA 43 (NCLAT)- Moratorium- Insolvency and Bankruptcy Code, 2016

  • ALOK KAILASH SAKSENA V. ASSOCIATE DECOR LTD. AND OTHERS  [2022] 171 CLA 55 (NCLAT)- Resolution plan- Insolvency and Bankruptcy Code, 2016

  • ASHOK G RAJANI V. BEACON TRUSTEESHIP LTD. AND OTHERS  [2022] 170 CLA 472 (SC)- Insolvency resolution process- Insolvency and Bankruptcy Code, 2016

  • MAITREYA DOSHI V. ANAND RATHI GLOBAL FINANCE LTD. AND ANOTHER  [2022] 170 CLA 478 (SC)- Insolvency resolution process- Insolvency and Bankruptcy Code, 2016

  • TECH SHARP ENGINEERS (P.) LTD. V. SANGHVI MOVERS LTD.  [2022] 170 CLA 486 (SC)- Insolvency resolution process- Insolvency and Bankruptcy Code, 2016

  • S P MANI & MOHAN DAIRY V. DR. SNEHALATHA ELANGOVAN  [2022] 170 CLA 448 (SC)- Dishonour of Cheque- Negotiable Instruments Act, 1881

  • MANISH GOEL V. SECURITIES & EXCHANGE BOARD OF INDIA THROUGH ITS CHAIRMAN AND ANOTHER  [2022] 171 CLA 20 (P&H)- Rules and Regulations- Securities and Exchange Board of India Act / Regulations

  • STATE TAX OFFICER (1) V. RAINBOW PAPERS LTD.  [2022] 170 CLA 292 (SC)- Liquidation- Insolvency and Bankruptcy Code, 2016

  • MORGAN SECURITIES & CREDITS (P.) LTD. V. VIDEOCON INDUSTRIES LTD.  [2022] 170 CLA 418 (SC)- Arbitration award- Arbitration and Conciliation Act, 1996

  • JALGAON JANTA SAHAKARI BANK LTD. AND ANOTHER V. JOINT COMMISSIONER OF SALES TAX ICICI BANK LTD. V. STATE OF MAHARASHTRA AND OTHERS FULLERTON INDIA CREDIT COMPANY LTD. V. TORNADO MOTORS (P.) LTD. AND OTHERS BANK OF BARODA V. STATE OF MAHARASHTRA EDELWEISS ASSET RECONSTRUCTION COMPANY LTD. V. PRINCIPAL COMMISSIONER OF GST AND CENTRAL EXCISE AND OTHERS AUTHORISED OFFICER BHARATI SAHAKARI BANK LTD. V. DY. COMMISSIONER OF SALES TAX AND OTHERS JM FINANCIAL ASSET RECONSTRUCTION COMPANY LTD. V. STATE OF MAHARASHTRA AND ANOTHER SARASWAT CO-OP. BANK LTD. AND ANOTHER V. STATE OF MAHARASHTRA AND OTHERS DR. PRINCE JOHN EDAVAZHIKAL V. UNION OF INDIA AND OTHERS ASSET RECONSTRUCTION COMPANY LTD. V. STATE OF MAHARASHTRA AND OTHERS JM FINANCIAL ASSET RECONSTRUCTION COMPANY LTD. AND ANOTHER V. STATE OF MAHARASHTRA AND OTHERS  [2022] 171 CLA 90 (Bom.)- Borrower- Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

  • R K INDUSTRIES (UNIT-II) LLP V. H R COMMERCIALS (P.) LTD. AND OTHERS WELSPUN STEEL RESOURCES (P.) LTD. V. R K INDUSTRIES (UNIT II) LLP AND OTHERS  [2022] 170 CLA 134 (SC)- Liquidation- Insolvency and Bankruptcy Code, 2016

  • SUNDARESH BHATT, LIQUIDATOR OF ABG SHIPYARD V. CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS  [2022] 170 CLA 166 (SC)- Moratorium- Insolvency and Bankruptcy Code, 2016

  • SOMESH CHOUDHARY V. KNIGHT RIDERS SPORTS (P.) LTD.  [2022] 170 CLA 187 (NCLAT)- Insolvency resolution process- Insolvency and Bankruptcy Code, 2016

  • SANJAY SARIN V. AUTHORISED OFFICER, CANARA BANK  [2022] 170 CLA 196 (Del.)- Resolution plan- Insolvency and Bankruptcy Code, 2016

  • VIKAS DAHIYA V. ARROW ENGINEERING LTD. AND ANOTHER OVAL INVESTMENT (P.) LTD. V. ARROW ENGINEERING LTD. AND ANOTHER  [2022] 170 CLA 220 (NCLAT)- Overriding effect of Code- Insolvency and Bankruptcy Code, 2016

  • AGARWAL VENEERS V. FUNDTONIC SERVICE (P.) LTD.  [2022] 170 CLA 204 (NCLAT)- Insolvency resolution process- Insolvency and Bankruptcy Code, 2016

  • IMPACT OF TATA STEEL BSL LTD. V. VENUS RECRUITERS PVT. LTD. ON INSOLVENCY AND BANKRUPTCY CODE, 2016 – STATUS OF AVOIDANCE APPLICATIONS  [Purti Marwaha Gupta, Jasper Vikas]

  • CHATGPT AND THE FUTURE OF LEGAL SERVICES  [Manuj Bhargava]

  • ISSUES IN ARBITRATION  [Dr. Manoj Kumar]

  • THE UNSUNG SAGA OF EMERGENCY ARBITRATION REGIME IN INDIA  [Inbavijayan Veeraraghavan, Sameena Syed]

  • ON THE MEDIATION TRAIL – MILESTONES AND SIGNPOSTS  [Sriram Panchu]

  • FORENSIC AUDIT – A REMEDY OR RISK MANAGEMENT FOR CORPORATE FRAUD?  [Tanvi Goyal, Shraddha Jain]

  • SOCIETIES REGISTRATION ACT, 1860 – RIPE FOR REPEAL  [Namo Narain Agarwal]

  • INSOLVENCY AND BANKRUPTCY CODE, 2016 GOES THE SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) ACT, 1985 WAY: COMMENT ON STATE TAX OFFICER V. RAINBOW PAPERS LTD. [2022] 170 CLA 292 (SC)  [Purti Gupta, Jasper V George]

  • CHANGING MOODS AND MODES FOR MEMBERS’ GENERAL MEETINGS UNDER THE COMPANIES ACT – POST COVID-19  [Namo Narain Agarwal]

  • COMPOUNDING OF OFFENCES UNDER THE COMPANY LEGISLATION  [T V Narayanaswamy]

  • ANNUAL GENERAL MEETING NOTICE AND CONDUCT OF ORDINARY BUSINESS  [Namo Narain Agarwal]

  • COMPANY LAW COMMITTEE REPORT DATED 21ST MARCH, 2022 – RECOMMENDATIONS FOR AMENDMENTS IN THE COMPANIES ACT, 2013  [Namo Narain Agarwal]

  • GODFATHER WANTED FOR HOLDERS OF UNREDEEMABLE PREFERENCE SHARES  [T V Narayanaswamy]

  • 38 COMPANIES IN COMPANIES ACT, 2013  [Namo Narain Agarwal]

  • RULE OF FOSS V. HARBOTTLE {[1843] 2 HARE 461} – IN-DEPTH ANALYSIS AND ITS APPLICABILITY IN INDIAN AND ENGLISH LEGAL FRAMEWORK  [Arpit Bansal]

  • NON-COMPLIANCES UNDER VARIOUS REGULATORY ACTS – DO THEY SURVIVE AGAINST THE CORPORATE DEBTOR WHEN A CORPORATE INSOLVENCY RESOLUTION PLAN IS APPROVED UNDER THE INSOLVENCY AND BANKRUPTCY CODE, 2016 ?  [TV Narayanaswamy]

  • SHADOW DIRECTOR  [Burhanuddin Kholiya]

  • TAX AVOIDANCE THROUGH SHELL COMPANIES – ANALYSING THE INDIAN JURISPRUDENCE  [Kajal Singhvi]

  • ONE PERSON COMPANY VIS-À-VIS WHOLLY OWNED SUBSIDIARY  [Namo Narain Agarwal]

  • IS IT VIRES OF THE COMPANIES ACT, 2013 TO HOLD MEETINGS OF COMPANIES BY VIDEO CONFERENCING OR OTHER AUDIO-VISUAL MEANS?  [T V Narayanaswamy]

  • Is it mandatory for the Company Secretary of a company not having a common seal to sign share certificates issued by it ?

  • Is it necessary for an entity to come within the meaning of the term ‘undertaking’ as defined in clause (i) of Explanation to clause (a) of sub-section (1) of section 180 of the Companies Act, 2013 has to satisfy both the conditions set out therein ?

  • Will the voting right vest in holders of non-cumulative preference shares in a company under section 47 of the Companies Act, 2013, survive even if the shares are not redeemed on the due date?

  • Whether the lessor of a movable property to the corporate debtor for employment thereof in the business carried on by him for profit is a financial creditor ?

  • When there are two special statutes containing non-obstante clauses, provisions of which statute would prevail for deciding a question to which provisions of both the statutes would be applicable ?

  • Will the moratorium declared under section 14 of the Insolvency and Bankruptcy Code, 2016 extend the period of limitation for initiation of legal proceedings by the corporate debtor ?

  • Can the residual powers of National Company Law Tribunal be exercised to adjudicate a contract which is unrelated to proceedings for insolvency resolution process under the Insolvency and Bankruptcy Code, 2016 ?

  • CONVERSION OF REGISTERED PARTNERSHIP INTO LLP – IS STAMP DUTY PAYABLE THEREON ?

  • Is the Income tax Department to the extent of income tax due and payable by the corporate debtor is a secured creditor of the corporate debtor under the Insolvency and Bankruptcy Code, 2016 (the Code) ?

  • Whether the holder of a recovery certificate under Recovery of Debts and Bankruptcy Act, 1993 (formerly known as Recovery of Debts Due to Financial Institutions and Banks Act, 1993) (‘the Debts Recovery Act’) can be considered as a Financial Creditor to enable him to prefer an application under section 7 of the Insolvency and Bankruptcy Code, 2016 (‘the Code’) for initiation of corporate insolvency Resolution Process under the Code ?

  • APPROVAL OF ANNUAL FINANCIAL STATEMENTS AND REPORT OF BOARD OF DIRECTORS?

  • What does the term ‘control’ used in various Acts, Rules and Regulations, regulating the working of companies mean ?

  • Whether securities premium account could be utilised for reduction of capital by a company ?

  • Whether a subsidiary could be classified as a wholly-owned subsidiary of its holding company if the shares with voting rights in which are held partly by the holding company and the remaining by another subsidiary of it ?

  • Whether on acquisition of shares by a company in compliance with the order of the NCLT under section 242 of the Companies Act, 2013, prescribed requirements for reduction of capital have to be complied with?

  • In whom voting rights of shares pledged will vest ?

  • Whether financial statements circulated to members can be corrected after circulation but before adoption, by the Board of directors ?

  • REMUNERATION OF RESOLUTION PROFESSIONAL – IS IT NECESSARY FOR THE NCLT TO PASS SPEAKING ORDER WHILE FIXING REMUNERATION

  • RESTORATION OF NAME STRUCK OFF FROM REGISTER OF COMPANIES

  • CAN A FINANCIAL CREDITOR FILE AN APPLICATION FOR INITIATION OF INSOLVENCY RESOLUTION AGAINST A SOCIETY?

Linkedin

About CLAonline

CLAonline is a leading source of Legal information comprising of complete digital online law library on Company / SEBI / Insolvency and Bankruptcy / FEMA / Competition and Other Laws for professionals and institutions powered by one of the most trusted journal (Corporate Law Adviser) on the subject since 1989. CLAonline provides full text of Cases, Legislations, Articles, Notifications, Commentaries, Procedures, Resolutions etc. with daily updates.