Section 269 of the Companies Act, 1956, stipulates that appointments of managing or whole time directors or a manager in a public company or a private company which is a subsidiary of a public company shall not be made except with the approval of the Central Government, unless such appointment is made in accordance with the conditions specified in Parts I and II of Schedule XIII to the Companies Act. Further, every application seeking approval to the appointment of a managing or whole time director or manager is required to be made to the Central Government within a period of ninety days from the date of such appointment. If an appointment of a managing or whole time director or a manager is made in accordance with the conditions specified in Parts I and II of Schedule XIII to the Companies Act, a return in form no. 25C is required to be filed with the concerned Registrar of Companies within ninety days from the date of such appointment. A doubt was raised as to whether filing of form no. 25C belatedly would attract section 637(b) of the Companies Act. The Department, after examination, has come to the conclusion that section 637(b) of the Companies Act will not be attracted. Since form no. 25C is a document, any delay in filing the same with the Registrar of Companies falls within the ambit of section 611 of the Companies Act. Therefore, documents filed belatedly will not be accepted by the Registrar without payment of additional fee, which shall be at the rate standardised vide Press Note No. 2/95 dated 21 March, 1995.
Law Day affirms the independence and impartiality of the judiciary. Law Day affirms the independence and impartiality of the judiciary. l Waging war against the Government of India. l Abetting mutiny actually committed. l Giving or fabricating false evidence upon which an innocent person suffers death. l Abetment of suicide of a minor or an insane or intoxicated person. l Dacoity accompanied with murder. l Attempt to murder a person under sentence of imprisonment for life, if hurt is caused. In India today, the death sentence is awarded only for the following offences under the Indian Penal Code: The large scale annihilation of Jews by the Nazis who were executed in “death camps” for the crime of being Jews, was an important factor which greatly aroused public conscience against capital punishment. All our efforts must be directed from the adoption of a radically wrong and inhuman idea against a criminal for being a bad citizen to creating a healthy and sympathetic environment to encourage him to become a good citizen.
The Code of Civil Procedure (CPC), governing the entire spectrum of civil litigation, dates back to 1908. Since its enactment it has been amended several times to improve the justice delivery system. Despite this, many of its provisions have often been found to cause endless delays and thus impeded speedy and equitable justice to its seekers. The Union Government has notified the Civil Procedure (Amendment) Act, 1999 (Act No. 46 of 1999) and the Civil Procedure (Amendment) Act, 2002 (Act No. 22 of 2002) on July 1, this year, fixing a time-limit of one year for the settlement of civil cases. The amended CPC will now make it possible for Courts to dispose off civil suits expeditiously. The amendments to the CPC will have far reaching consequences in terms of working of civil courts in the country.
The two amendments to the Code of Civil Procedure, 1908, will bring a sigh of relief to those who have been waiting for the outcome of the civil cases pending for a long time in the courts. It also seeks to compress the time frame for disposal of all civil cases within one year by setting a time limit for every stage of litigation. The main features of the Code of Civil Procedure (Amendment) Act, 1999 and the Code of Civil Procedure (Amendment) Act, 2002 include measures taken to reduce delays at the pre-trial stage in terms of obligations of the plaintiff, the court and the defendant. The 2002 Amendment Act also modifies the 1999 Amendment Act following a broad consensus arrived at after consultations with the Law Commission of India, representatives of the Bar Council of India, Bar Associations, Law Officers of the Union and others. Besides restricting adjournments to three times only, it seeks to abolish a second appeal in money suits where the value does not exceed Rs. 25,000. Further, the general power of the courts to extend the time prescribed in the Code is restricted to 30 days now. Earlier, the court could extend time without any limit. Besides, on the filing of revision application against the orders of a subordinate court, its records shall not be called unless the High Court orders to do so specifically. The amendments also empower the courts to refer suits in appropriate cases for conciliation and arbitration. This is intended to reduce the bulk of litigations which otherwise increases the pendency of cases in the Civil Courts.