CORPORATE LAWS UPDATES / AMMENDMENTS

10:47 pm

CORPORATE LAWS

1. CCI has powers to review investigation ordered by it; HC directs it to consider review application of 'Google' afresh.
Competition Act: CCI has power to recall review order under section 26(1) of Competition Act but such power has to be exercised on well organized parameters of power of review/recall and without lengthy arguments and without investigation already ordered being stalled indefinitely

• CCI has power to recall review order under section 26(1) of the Competition Act but such power has to be exercised on well organized parameters of power of review/recall and without lengthy arguments and without investigation already ordered being stalled indefinitely

• Once petitions under article 226 of constitiction for quashing of investigation under the Cr. PC have been held to be maintainable, on same parity a petition under article 226 would also be maintainable against an order/direction of CCI of investigation under section 26(1) particularly when powers of DG, CCI of investigation are far wider than powers of Police of investigation under Cr. PC

• When effect of, an order of investigation under section 26(1) can be drastic, availability of an opportunity during course of proceedings before CCI after report of DG, to defend itself cannot always be a ground to deny remedy under article 226 of Constitution of India against order of investigation

• CCI can order/direct investigation only if it forms a prima facie opinion of violation of provisions of Act having been committed, Constitutional values and judicial principles by no stretch of imagination would permit an investigation where say CCI orders/directs investigation without forming and expressing a prima facie opinion or where prima facie opinion though purportedly is formed and expressed is palpably unsustainable, remedy of article 226 would definitely be available in such case.

2. CLB rejected interim relief sought under oppression plea as petitioner were protected by interim orders of BIFR and SC.

3. Govt. to launch social security scheme, ' NIRAMAYA' for disabled persons to cover medical treatment upto Rs. 1 lakh.

4. SEBI releases discussion paper on overseas investments by 'Venture Capital Funds' and 'Alternative Investment Funds'.

5. Alleged market manipulation by shareholders doesn't lead to suspension of trading of company.

You Might Also Like

0 comments

Contact Form

Name

Email *

Message *

© CA CS HUB. ALL RIGHTS RESERVED 2016. Powered by Blogger.