Position of Associate Company: Before and After 2016 Amendment Bill

Authors

  • Srijan Jha Dr. Ram Manohar Lohiya National Law University, Lucknow, Uttar Pradesh, India

Keywords:

Accounting principle, Amendment bill, Governance, Influence, Proposed legislation, Supreme Court

Abstract

In a nutshell, the objective of this making is to ascertain and look out for a source that can be greatly relied upon when the aspect of determination of an associate company pops up, in the light of legislative intent. As we are discussing this topic, the Lok Sabha has already launched an amendment bill, which seeks to make the definition universal under all business and regulatory laws. This goes on to show that there is an existing lacuna in the law, which the proposed legislation wants to eradicate. Even though this is not a generally taken legal argument, still, the Supreme Court has opined this view and decided in sync with the proposed legislation. This project is aimed at not only understanding that particular lacuna, but also the problems that can come with the same and the contradicting scenarios that may appear because of it, but also about how the new legislation is supposed to work in a different, more effective direction, and analyzing how the changes will take their course.

Author Biography

  • Srijan Jha, Dr. Ram Manohar Lohiya National Law University, Lucknow, Uttar Pradesh, India

    Srijan Jha

    Dr. Ram Manohar Lohiya

    National Law University, Lucknow, Uttar Pradesh, India

References

1. Hindustan Lever Employees Ltd v Hindustan Lever Ltd. 1994; SCC online Bom 165.

2. Section 129’s Explanation, Indian Companies Act, 2013.

3. Section 188 (1) (f), Indian Companies Act, 2013.

4. Section 194 (2), Indian Companies Act, 2013.

5. Section 233 (10), Indian Companies Act, 2013.

6. Investment Advisor’s Act.

7. Trust Indenture Act, 1939.

8. Andhra Law Times. 233 FB.

9. Hullas Narain Singh v Province of Bihar.1942; SCC online FC 1.

10. 2008; 2: SCC 222.

11. UOI v Hindi Lamp.1989l Supp (2): SCC 332.

12. 2001; SCC online Bom: 1091.

13. G.L. Sultania v SEBI. 2007; 5: SCC 133.

14. APM Terminal BV v UOI.2011; 6: SCC 756.

15. Section 2 of Companies Amendment Bill, 2016. Cite this Article Srijan Jha. Position of Associate Company: Before and After 2016 Amendment Bill . Framework. 2018; 1(1): 10–16p.

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Published

2019-03-18