Whether the Directors of respondent-Company, who are receiving remuneration, come within the purview of "employee" under sub-section (9) of Section 2 of the Employees' State Insurance Act, 1948 ('the ESI Act')? .
The definition of Person, Section 3(33) of IBC,2016 also provides that 3(33) (g) any other entity established under a statute, and includes a person resident outside India, a Trade Union is also established under provisions of Trade Unions Act, 1926 and hence will be considered as person able to file petition under provisions of Section 8 of the IBC,2016.
It is well settled fact that a company is a legal entity driven by humans. A director is appointed by owners of the company to look after affairs and they are the concise keeper of company. They are in fiduciary duty and protect interest of company. They have locus standi to file a suit or defend a suit of defamation against company.
The Preamble of Competition Act, 2002 provides that "An Act to provide, keeping in view of the economic development of the country, for the establishment of a Commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets
The author highlights a case study on Companies Act, 2013
MCA has amended Rule 3 of the Companies (Accounts) Rules, 2014 through Circular dated 11th August, 2022.
It is important to point out here that Marshalling is applicable in situation where debt can be satisfied out of other properties.
It can be concluded that it order to determine the amount of compensation in particular case, the Court have to look into facts and circumstances of the case. The pecuniary amount can be determined easily but determination of the non pecuniary damages depends upon the facts and circumstances and discretion of the court.
Enforcement Directorate under Foreign Exchange Management Act (FEMA) carried out the investigation against the ABC Limited.
Income Tax Act 1961 (Gift of Equity Shares)
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