Satish Law Agency

1. *Company Name Board-* Every Company shall paint or affix the name and address of registered office and keep the same painted/affixed, outside every office or place in which its business is carried on, in legible letters. 2. *Letter Head of Company-* Every Company shall get its name, address of registered office, CIN, telephone and email printed on all business letters, billheads, letter papers, notices and other official publications. 3. *First Board Meeting-* First Meeting of Board of Directors is required to be held within 30 days of Incorporation of Company. Notice of BM must be send to every director at least 7 days before the meeting. 4. *Subsequent Board Meetings-* Minimum 4 Board Meetings to be held every year with not more than 120 days gap between two meetings. In case of small company, it is sufficient to conduct only two Board Meetings. 5. *Issuing of Share Certificate -* Company is required to issue Share Certificates to the subscribers of memorandum within 60 da...

DAILY  LEGAL UPDATES Adverse possession - Suit for declaration of ownership on the basis of adverse possession - Not maintainable. (Madras) Contraband - Default bail - Challan not presented within stipulated time - Extension of time to file challan - Accused cannot be denied default bail merely on the ground that report of chemical examiner/FSL is awaited and some other accused are to be arrested - Bail granted. (P&H) Dishonour of cheque - Compromise - High Court after being satisfied that cheque amount with assessed cost and interest has been paid, can close proceedings even in absence of complainant. (H.P.) Ex parte decree - Defendant did not lead any evidence - Trial Court proceeded to hear the suit ex parte by taking recourse to O.9.R.6(a) in terms of O.17.R.2 of the Code - Such decree is an ex parte decree - Decree can be set aside on making out sufficient ground by defendant. (S.C.) Maintenance - No bar to Court to grant maintenance u/s 125 Cr.P.C. even when financia...

DAILY  LEGAL UPDATES Appointment of local commissioner - Appointment made to ascertain whether defendants have encroached upon suit property and raised a wall and installed a gate during pendency of suit - Order as to appointments of commissioner calls for no interference. (P&H) Dishonour of cheque - Dismissal of complaint in default - Restoration - Complaint dismissed for want of prosecution only for single default - Justice demands its restoration and decision on merit - Impugned order set aside - Complaint restored. (P&H) Offence u/s 211 IPC - Complaint qua alleged offence can only be filed by Court in writing, as offence u/s 211 IPC falls u/s 195(1)(b)(i) Cr.P.C - Petitioner thus, cannot be prosecuted in a complaint filed by SHO of Police Station who is a public servant. (Rajasthan) Review - Discovery of new facts - If review is on discovery of new matter or evidence and it is cause for filing such application, strict proof of such statement is a condition precedent...

Latest Judgements reported in Supreme Court Cases UPDATED WEEKLY Contact us for subscription of Supreme Court Cases Weekly by Eastern Book Company.  CALL NOW TO GET SPECIAL DISCOUNT ON THIS SUBSCRIPTION: +91 9888033716 buy other books from Amazon Armed Forces — Promotion — Non-empanelment as Lt. General — Improper assessment of confidential reports:  In this case there was change in method of assessment from figurative assessment of personal qualities and box grading to pen-picture assessment in confidential report of officers holding listed appointments, which was detrimental to respondent. Overall service profile of respondent presented before Special Selection Board was tainted by irrelevant and irregular considerations and warranted a change. Statutory complaints made by respondent were rejected. Relevant documents, namely, comments of Army Authorities also not supplied to respondent. Authorities concerned acted in excess of jurisdiction and in violation of p...

Latest Judgements reported in Supreme Court Cases UPDATED WEEKLY Contact us for subscription of Supreme Court Cases Weekly by Eastern Book Company. CALL NOW TO GET SPECIAL DISCOUNT ON THIS SUBSCRIPTION: +91 9888033716 Arbitration and Conciliation Act, 1996 — Ss. 12(5) (w.e.f. 23-10-2015), 12 & 13, 14 & 15 and Sch. 7 Item 5 — Application for termination of mandate of a de jure ineligible arbitrator by a party which itself had appointed such arbitrator:  De jure ineligibility of arbitrator appointed by person who is himself de jure ineligible to be arbitrator vide S. 12(5) r/w Sch. 7, reiterated. Appointment of such arbitrator is void ab initio and arbitration proceedings conducted by such arbitrator/awards passed by such arbitrator, held, are also void. [Bharat Broadband Network Ltd. v. United Telecoms Ltd.,  (2019) 5 SCC 755 ] Constitution of India — Art. 226 — Exercise of power under Art. 226 by High Court — Relief:  Framing of any scheme i...

The Supreme Court has held that the rule under Mitakshara law that whenever a male ancestor inherits any property from any of his paternal ancestors upto three degrees above him, then his male legal heirs upto three degrees below him would get an equal right as coparceners in that property will apply in cases of succession which opened before Hindu Succession Act 1956. Applying this rule, the bench of Justices Justices U U Lalit and Indu Malhotra allowed an appeal filed by one Arshnoor Singh, to set aside the sale deeds executed by his father Dharam Singh in 1999. As per the impugned sale deeds, Dharam Singh alienated joint family property to the respondent Harpal Kaur, whom he subsequently married as second wife. Dharam Singh got the properties as per the partition deed executed by his father Inder Singh in 1964. Inder Singh had got the property by way of inheritance from his father Lal Singh when he died in 1951. The sale deeds were challenged by Arshnoor Singh in a suit filed i...

2019 SCC Vol. 5 June 14, 2019 Part 4 CASES REPORTED in latest edition of SUPREME COURT CASES Constitution of India — Art. 32 — Acquittal of accused due to tainted investigation:  In this case, report of SIT which had re-investigated the case under one of the FIRs, perused. Direction issued to CBI, to take decision on question of re-investigation in FIRs concerned. [Sunita Devi v. Union of India, (2019) 5 SCC 658] Courts, Tribunals and Judiciary — Judiciary — Adequacy of judicial resources/infrastructure — Funding for infrastructure of subordinate judiciary by Central and State Governments:  Out of two reports submitted by Amicus Curiae viz. short-term measures and long-term measures, short-term measures directed to be implemented immediately. Directions issued. For receipt of reply by Central Government on long-term measures, matter directed to be listed on 23-4-2019. [Malik Mazhar Sultan v. U.P. Public Service Commission, (2019) 5 SCC 619] Crimi...

Highlights of the Union Budget for 2019-20 (Apr-Mar), presented  by Finance Minister Nirmala Sitharaman in Lok Sabha DIRECT TAX * Increasing surcharge on income over 20 mln rupees/year * Faceless tax scrutiny case selection to be on random basis * Propose 2% TDS on 10 mln rupee/yr cash withdrawal from banks * Propose to take slew of measures to boost digital payments * Launching automated, faceless assessment of tax * To make pre-filled tax return forms available * To make Aadhaar, PAN interchangeable to file tax returns * Tax proposals aim to stimulate growth, housing * Direct tax mop up 11.37 trln rupees FY19 vs 6.38 trln FY14 * Seeing double-digit growth in direct tax revenue annually * Corporate tax now 25% for cos with 4 bln rupees/yr revenue * Corporate tax cut to cover 99.3% of all cos INDIRECT TAX * To raise road, infra cess on petrol, diesel by 1 rupee/ltr * To up special additional excise on diesel by 1 rupee/ltr * To ...