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Start Free TrialThe Commercial Courts, Commercial Division &Amp; Commercial Appellate Division Of High Courts Act, 2015 Complete Act
State: Central
Year: 2015
.....APPELLATE DIVISION OF HIGH COURTS ACT, 2015 THE COMMERCIAL COURTS, COMMERCIAL DIVISION & COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015 NO. 4 OF 2016 An Act to provide for the constitution of Commercial Courts, Commercial Division and Commercial Appellate Division in the High Courts for adjudicating commercial disputes of specified value and matters connected therewith or incidental thereto. Be it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows: CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (1) This Act may be called the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 23rd day of October, 2015. Definitions. 2. (1) In this Act, unless the context otherwise requires, (a) Commercial Appellate Division means the Commercial Appellate Division in a High Court constituted under sub-section (1) of section 5; (b) Commercial Court means the Commercial Court constituted under sub-section (1) of section 3; (c) commercial dispute .....
List Judgments citing this sectionThe Street Vendors (Protection Of Livelihood And Regulation Of Street Vending) Act, 2014 Complete Act
State: Central
Year: 2014
.....area for public or any such place considered suitable for vending activities and providing services to the general public. (2) Any reference in this Act to any enactment or any provision thereof, shall, in relation to an area in which such enactment or such provision is not in force be construed as a reference to the corresponding law, if any, in force in that area. CHAPTER II REGULATION OF STREET VENDING Survey of street vendors and protection from eviction or relocation. 3. (1) The Town Vending Committee shall, within such period and in such manner as may be specified in the scheme, conduct a survey of all existing street vendors, within the area under its jursidiction, and subsequent survey shall be carried out at least once in every five years. (2) The Town Vending Committee shall ensure that all existing street vendors, identified in the survey, are accommondated in the vending zones subject to a norm conforming to two and half per cent. of the population of the ward or zone or town or city, as the case may be, in accordance with the plan for street vending and the holding capacity of the vending zones. (3) No street vendor shall be evicted or, as the case may be, relocated.....
List Judgments citing this sectionPension Fund Regulatory and Development Authority Act, 2013, Section 28
Title: Penalty for Failure by an Intermediary or Any Other Person to Comply with Provisions of This Act, Rules, Regulations and Directions
State: Central
Year: 2013
.....of not more than one crore rupees or five times the amount of profits made or losses avoided, whichever is higher. (4) If any person, who is registered under this Act as an intermediary, fails to segregate moneys of the client or clients or uses the moneys of a client or clients for self or for any other client, he shall be liable to a penalty not exceeding one crore rupees or five times the amount of profits made or losses avoided, whichever is higher. (5) Whoever fails to comply with any provision of this Act, the rules or the regulations made or the directions issued by the Authority under the provisions of this Act for which no separate penalty has been provided, he shall be liable to a penalty which may extend to one crore rupees or five times the amount of profits made or losses avoided, whichever is higher.
View Complete Act List Judgments citing this sectionPension Fund Regulatory and Development Authority Act, 2013, Section 31
Title: Attachment of Assets and Supersession of Management of Intermediary
State: Central
Year: 2013
.....fund; (c) interim injunction or appointment of an administrator; and (d) such other interim measures as may appear to the Authority to be just and necessary, and the Authority shall have power to make such orders including an order for attachment of assets of the pension fund as it deems fit in this regard. (2) Where, on a complaint received by the Authority or suo motu, the Authority, after conducting an inquiry, comes to a conclusion that the governing board or board of directors, by whatever name called, or the persons in control of any intermediary to the extent regulated under this Act are indulging in any activity which is in contravention of the provisions of this Act or regulations, it may supersede the governing board or board of directors or management of the intermediary in accordance with the provisions of the regulations. (3) In case the governing board or board of directors or management of an intermediary is superseded under sub-section (2), the Authority may appoint an Administrator to manage the affairs of the intermediary in accordance with the provisions contained in the regulations.
View Complete Act List Judgments citing this sectionProhibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, Section 13
Title: Rehabilitation of Persons Identified as Manual Scavengers by a Municipality
State: Central
Year: 2013
.....person included in the final list of manual scavengers published in pursuance of sub-section (6) of section 11 or added thereto in pursuance of sub-section (3) of section 12, shall be rehabilitated in the following manner, namely:-- (a) he shall be given, within one month,-- (i) a photo identity card, containing, inter alia, details of all members of his family dependent on him, and (ii) such initial, one time, cash assistance, as may be prescribed; (b) his children shall be entitled to scholarship as per the relevant scheme of the Central Government or the State Government or the local authorities, as the case may be; (c) he shall be allotted a residential plot and financial assistance for house construction, or a ready-built house, with financial assistance, subject to eligibility and willingness of the manual scavenger, and the provisions of the relevant scheme of the Central Government or the State Government or the concerned local authority; (d) he, or at least one adult member of his family, shall be given, subject to eligibility and willingness, training in a livelihood skill, and shall be paid a monthly stipend of not less than three thousand rupees, during.....
View Complete Act List Judgments citing this sectionProhibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, Section 31
Title: Functions of National Commission for Safai Karamcharis
State: Central
Year: 2013
(1) The National Commission for Safai Karamcharis shall perform the following functions, namely:-- (a) to monitor the implementation of this Act; (b) to enquire into complaints regarding contravention of the provisions of this Act, and to convey its findings to the concerned authorities with recommendations requiring further action; and (c) to advise the Central and the State Governments for effective implementation of the provisions of this Act. (d) to take suo motu notice of matter relating to non-implementation of this Act. (2) In the discharge of its functions under sub-section (1), the National Commission shall have the power to call for information with respect to any matter specified in that sub-section from any Government or local or other authority.
View Complete Act List Judgments citing this sectionSexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, Section 2
Title: Definitions
State: Central
Year: 2013
.....falling within its territory, the State Government; (c) "Chairperson" means the Chairperson of the Local Complaints Committee nominated under sub-section (1) of section 7; (d) "District Officer" means an officer notified under section 5; (e) "domestic worker" means a woman who is employed to do the household work in any household for remuneration whether in cash or kind, either directly or through any agency on a temporary, permanent, part time or full time basis, but does not include any member of the family of the employer; (f) "employee" means a person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor, with or, without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name; (g) "employer" means-- (i) in relation to any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit of the appropriate.....
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 98
Title: Power of Tribunal to Call Meetings of Members, Etc.
State: Central
Year: 2013
(1) If for any reason it is impracticable to call a meeting of a company, other than an annual general meeting, in any manner in which meetings of the company may be called, or to hold or conduct the meeting of the company in the manner prescribed by this Act or the articles of the company, the Tribunal may, either suo motu or on the application of any director or member of the company who would be entitled to vote at the meeting,-- (a) order a meeting of the company to be called, held and conducted in such manner as the Tribunal thinks fit; and (b) give such ancillary or consequential directions as the Tribunal thinks expedient, including directions modifying or supplementing in relation to the calling, holding and conducting of the meeting, the operation of the provisions of this Act or articles of the company: Provided that such directions may include a direction that one member of the company present in person or by proxy shall be deemed to constitute a meeting. (2) Any meeting called, held and conducted in accordance with any order made under sub-section (1) shall, for all purposes, be deemed to be a meeting of the company duly called, held and conducted.
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 132
Title: Constitution of National Financial Reporting Authority
State: Central
Year: 2013
.....the firm from engaging himself or itself from practice as member of the Institute of Chartered Accountant of India referred to in clause (e) of sub-section (1) of section 2 of the Chartered Accountants Act, 1949 (38 of 1949) for a minimum period of six months or for such higher period not exceeding ten years as may be decided by the National Financial Reporting Authority. Explanation.--For the purposes of his sub-section, the expression "professional or other misconduct" shall have the same meaning assigned to it under section 22 of the Chartered Accountants Act, 1949 (38 of 1949). (5) Any person aggrieved by any order of the National Financial Reporting Authority issued under clause (c) of sub-section (4), may prefer an appeal before the Appellate Authority constituted under sub-section (6) in such manner as may be prescribed. (6) The Central Government may, by notification, constitute, with effect from such date as may be specified therein, an Appellate Authority consisting of a chairperson and not more then two other members, to be appointed by the Central Government, for hearing appeals arising out of the orders of the National Financial Reporting Authority. (7) The.....
View Complete Act List Judgments citing this sectionCompanies Act, 2013, Section 140
Title: Removal, Resignation of Auditor and Giving of Special Notice
State: Central
Year: 2013
.....(5) of section 139, the auditor shall also file such statement with the Comptroller and Auditor-General of India, indicating the reasons and other facts as may be relevant with regard to his resignation. (3) If the auditor does not comply with sub-section (2), he or it shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees. (4) (i) Special notice shall be required for a resolution at an annual general meeting appointing as auditor a person other than a retiring auditor, or providing expressly that a retiring auditor shall not be re-appointed, except where the retiring auditor has completed a consecutive tenure of five years or, as the case may be, ten years, as provided under sub-section (2) of section 139. (ii) On receipt of notice of such a resolution, the company shall forthwith send a copy thereof to the retiring auditor. (iii) Where notice is given of such a resolution and the retiring auditor makes with respect thereto representation in writing to the company (not exceeding a reasonable length) and requests its notification to members of the company, the company shall, unless the representation is.....
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