ONE PERSON COMPANY UNDER COMPANIES ACT, 2013 Definition of One Person Company (“OPC”) Section 2(62) of the Companies Act, 2013 (“Act”) defines OPC as a company which has only one person as a member. Legal Nature of OPC OPC can be registered only as a private company which means that all the provisions applicable to… Read More ONE PERSON COMPANY UNDER COMPANIES ACT, 2013
Financial strength of a company, though relevant, cannot be the sole factor to determine dominant position of an enterprise. Providing free services cannot by itself raise competition concerns unless the same is offered by a dominant enterprise and is shown to be tainted with an anti-competitive objective of excluding competition/ competitors.… Read More Shanmugam vs. Reliance Jio Infocomm Ltd.
In order to initiate corporate insolvency resolution process against a corporate debtor, an operational creditor must obtain a certificate from the Financial Institution maintaining its account, confirming that that there is no payment of an unpaid operational debt by the Corporate Debtor.… Read More Smart Timing Steel Ltd. vs. National Steel and Agro Industries Ltd.
Limitation Act, 1963, applies to the proceedings or appeals before the NCLT and its Appellate Tribunal as Section 433 of the Companies Act has not been amended under eleventh schedule of IBC.… Read More Deem – Tech Limited vs. R.L. Steel & Energy Limited
Citation: 2011 LLR 867 Decided on: 24.03.2011 Court: High Court of Madhya Pradesh Facts The Petitioner-company was remitting the provident fund contribution of eligible employees in accordance with the Employees’ Provident Fund Act, 1952 (‘Act’) and the Scheme and it was deducting provident fund contribution on two components of salary, i.e., Basic + VDA (dearness… Read More Surya Roshni Ltd. vs. Employees Provident Fund and Anr.
Somi Conveyor Beltings Ltd. & Anr. vs. Union of India & Ors. [W.P.(C) 1416/2016] Together with Premier Rubber Mills vs. Union of India & Ors. [W.P.(C) 1969/2016] Decided on: April 11, 2017 Court: High Court of Delhi Facts In this case, Petitioners’ request for inspection of records and supply of certified copies of documents was… Read More Somi Conveyor Beltings Ltd. & Anr. vs. Union of India & Ors.
Incentive bonus or production bonus and is excluded from the definition of basic wages under Section 2(b) of EPF Act and should not be considered for the purpose of provident fund contribution.… Read More Greysham and Co. Vs. Regional Provident Fund Commissioner
NCLT has jurisdiction over all winding up proceedings, including, inter alia, winding up on the ground of inability to pay debt, where such petition is served to a respondent after 15th December, 2016. For all other winding up petitions served before 15th December, 2016, High Court will continue to have jurisdiction.… Read More Ashok Commercial Enterprises vs. Parekh Aluminex Ltd.
Citation: Appeal No. 13/2016 with I.A. No. 08/2017 Decided on: 10.04.2017 Court: Competition Appellate Tribunal Facts Karnataka Film Chamber of Commerce (Appellant/ KFCC) filed an appeal against the order passed by Competition Commission of India (“CCI“). CCI had imposed the penalty on Appellant and other two associations namely Karnataka Television Association (“KTVA“) and Kannada Film… Read More Karnataka Film Chamber of Commerce vs. Kannada Grahakara Koota & Ors.
Citation: AIR 2006 SC 3517 Decided on: 13.02.2006 Court: Supreme Court of India Facts The appellants were holding land in excess of the limit prescribed under the Andhra Pradesh Land Reforms (Ceiling on Agricultural) Act, 1973, (“Act“). The surplus land was surrendered by them which had fruit bearing cashew nut tree plantation. It is to… Read More Vemareddy Kumaraswamy Reddy and Anr. Vs. State of Andhra Pradesh
Receipt of tips by the staff cannot be considered as anything like a payment made by the Management to its employees… Read More Rambagh Palace Hotel, Jaipur Vs. The Rajasthan Hotel Workers’ Union, Jaipur
Whether conveyance allowance and special allowance can form part of basic wages for the purpose of determination of provident fund contribution.… Read More Motage Enterprises Pvt. Ltd. Vs. Employees’ Provident Fund and Anr.
Whether the payment of ‘Saturday Allowance/Special Allowance’ will form part of the basic wages and accordingly be counted for the provident fund contribution. … Read More Gordon Woodroffe Ltd. Vs. Regional Commissioner EPF, Tamil Nadu and Pondicherry