Vinit Nagar

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Sec. Power of NCLT Author’s outlook Sec. 7(7) Where a company has been incorporated by furnishing any false or incorrect information or representation or by suppressing any material fact or information in any of the documents or declaration filed or made for incorporating such company or by any fraudulent action, the Tribunal may, on an application made to i......

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Earlier the thought of making an application for getting the Company’s name restored was courageous by itself looking after the involvement of hefty amount towards filing of overdue returns and documents with Registrar after its restoration which always used to count in lakhs but now the promoters & directors of such struck off Companies do have all the decent reasons to opt for Company&......

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PrefaceThere are always certain reasons while opting for the registration of the Company as a Public Limited Company which might be either with a view to accept deposit from public or in order to raise public fund by the way of issue of securities wherein the possibilities of generating the fund is high without having any restrictions in terms of limitations with regards to the total number of its......

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PrefaceThe Micro, Small and Medium Enterprise (MSE) Sector is the spine of Country’s economic growth and development and in order to strengthening their position in the current business environment. The Ministry of Micro, Small and Medium Enterprises has taken several initiatives to uplift their present status since it not only plays a crucial role in providing large employment opportunities......

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Under the Insolvency & Bankruptcy Code, 2016  it  is  always  very  crucial  for   the Adjudicating Authority and the Insolvency Professionals to identify the reasonableness  of  default,  dispute  and other financial information of Debtor such as records of its debt, liabilities at the time of  his  solvency,  assets&n......

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Fresh Start Covid-19 if taken positive then this Circular dated 30th March, 2020 from the Ministry of Corporate Affairs  must be the first  one to  note down on  a  plain  paper specially by every  Defaulting Companies and those Companies whose name has been struck off by the Registrar of Companies due  to  non  -filling  of  Financial&n......

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Current Scenario & GOI’s Initiatives India is the only Country in entire world which has made spending towards CSR mandatory for certain categories of Companies and now considering the present condition where the widely spread novel Corona Virus has already impacted the entire nation, the need of such funds to be spent for its preventive measures i.e. health care and treatment is the to......

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Force Majeure Clause in any commercial contract plays very crucial role on occurrence of any unforeseen event and for this every contractual party has to make sufficient provision while finalizing contractual terms. The purpose is “to safeguard the performing party from consequences of anything over which he has no control.” Its importance has now been identified after the disruption c......

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The financial year is about to get over, the business across globe is being impacted by the disaster of COVID-19 and everybody at this moment is prioritizing its health & hygiene and continuously praying for speedy recovery of this ongoing conditions. In this situation of lockdown every corporates are much concerned for their business and are equally bothered with regards to multiple complianc......

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“Adjudication of Penalties under the Companies Act, 2013”Section 454 read with Companies (Adjudication of Penalties) Rules, 2014 Decriminalization of several offences The   Companies (Amendment) Act, 2019   has already re-categorized several offences under the Act in the category of compoundable offences to an in-house adjudication framework. Now, these offenses&n......

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