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NRI Legal Services Reviews - How to deal with property concerning legalities in property disputes without coming to India by SimranLaw - NRI Legal Services No Further a Mystery

"Rogelio Carney" (2018-12-09)

The suit property was recorded in his name as 'Raiyat Sthitiban' and the classification of land was recorded as 'Bari' i. It is the time that the parties have spent for trial, appeal, further appeal and review. 3 Pages 820 to 822) As to the relationship between the general meeting and the directors to some extent a more exact analogy would be with the division of powers between the Federal and State Legislatures under a Federal Constitution and the residual powers are in this NRI case with the directors (Gower's Principles of Modern Company Law 4th Edition Page 147).

NRI-LEGAL-SERVICES.pngWhatever may fairly be regarded as inci- dental to the objects for which the Corporation was created is not to be taken as prohibited. It was submitted on behalf of the CCI that there was no bar for receiving finance for either a cost overrun, or NRI Legal services for an unimplemented portion of a project. It was denied that the CCI ought to have withheld permission for a fresh issue of capital in RPL for HDPE and MEG, especially since these two projects were not permitted.

(Thomsons' Commentaries on the Law of Corporation 3rd Edition Vol. The second part takes into fold the time utilized by the executive in the exercise of its prerogative clemency. It is a fact that the MEG and HDPE projects had not been implemented in RIL and they were now being implemented only in RPL. It was pointed out that the board of directors is now the principal organ of a company. The precise course of the line maybe uncer- tain, but no one can come near it without knowing that he does so, if he thinks, and if he does so it is familiar to the criminal law to make him take the risk.

It is further submitted on behalf of the CCI that the public financial institution, namely, ICICI looked into the project and reported to the CCI, in their letter dated 15th June. We may now advert to the text books and the decided cases on which reliance has been placed by learned counsel for the appellant in support of the submission that the Company had an inherent power to refuse registration of the transfer of the shares. We are satisfied that in the present case there is no reason to doubt that he had been so satisfied if one remembers that those projects had been initiated by the RIL which had gone through the necessary exercises and all that remained to be done was a formal approval of their transfer for implementation to the RPL.

The demand for life imprisonment herein as solely based on the ground of prolonged delay in the execution. The land in question was owned by an agriculturist and he used to keep his agricultural implements in the said property. Sen 1971 Edition Page 51). The first part covers the time taken in the judicial proceed- ings. The delay which is sought 548 tO be relied upon by the accused NRI Legal consists nrillegalservices of two parts. He also possessed other agricultural lands as agriculturists and in occupancy raiyati interest.

There might be overlapping; but the overlapping must be in law. 1988 that the estimated cost of NRI Legal projects for which the consent was being sought was Rs. It is clear, according to learned Additional Solicitor General, that CCI satisfied himself before granting the consent on 4th July, 1988 to RPL, that the capital raised by RIL was not used for HDPE and MEG and the scheme of finance for the G-Series of RIL, as modified, and for the present issue of RPL were different.

The management of the affairs of the company is vested in the board of directors and all powers excepting those which are specifically reserved for the general meeting by the act or the articles or memorandum of association or otherwise must now be done by the board of directors vide section 291 of the Act (The New Frontiers of Company Law by S. The mere creation of a corporation was alone sufficient, in the absence of prohibition, to confer upon such corporation all those powers which are nrillegalservices regarded as incident to corporate existence.

We must first of all point out that the pro forma relied on indicates a general procedure and should not be understood as a rigid requirement. Corporate authority (powers) are deter- mined by reference to (1) charter, (2) incorporation law or act, (3) general and special corporation statutes relevant, (4) other applicable statutes, (5) case decisions (6) cus- tomary practices, and (7) treatises and other discussions. Furthermore, the want of an express enumeration of powers does not exclude such incidental powers as are reasonably 89 necessary to accomplish the corporate purpose.

It is, of course, the duty of the CCI to be satisfied that before the debentures are actually issued the applicant company has all the neces- sary licences, consents, orders, approvals, etc. (c) Thirdly, it is submitted that having regard to the requirements of the pro forma prescribed under the rules, the application for consent could not have at all been considered by the CCI until the RPL produced the industrial licence in its favour, the collaboration agreements, the approvals of the financial institutions and the approvals under the MRTP Act.

The incidental power is one that is directly and immediately appropriate to the execution of the specific power created and not one that has a slight or remote relation to it. " 151 Referring to the principles that guide the matter, learned authors in Criminal Law (Smith but that is not the same thing as the law being on the latter subject. It is submitted that the application of the petitioner was cleared hurriedly without insisting upon these clearances and this was done specially to oblige the company.