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The Condonation of Delay Scheme 2018 has been extended by the Ministry of Corporate Affairs, up to 30th April.
The circular issued by the Ministry, reads as follows: “In continuation to the Ministry’s General Circular No. 16/2017, dated 29/12/2017 on the subject cited above, this Ministry has, on consideration of requests received from various stakeholders, has decided to extend the Condonation of Delay Scheme, 2018 up to 30th April 2018.”
The Condonation of Delay Scheme was notified by the Ministry, vide a circular dated 29th December 2017. The scheme was originally envisaged to remain effective till 31st March 2018.
The MCA had introduced the Condonation of Delay (COD) scheme to benefit 3,09,614 directors associated with the companies that had failed to file financial statements or annual returns in the MCA21 online registry for a continuous period of three financial years 2013-14 to 2015-16 as per Section 164(2) of the Companies Act.
Such companies which have been struck off /whose names have been removed from the register of companies under section 248(5) of the Act can take advantage of the Scheme. On adopting the above scheme, the concerned Registrar will withdraw all the pending the prosecution(s) for all documents filed under the scheme.
“However, this scheme is without prejudice to action under section 167(2) of the Act or civil and criminal liabilities, if any, of such disqualified directors during the period they remained disqualified.”
The circular issued by the ministry extending the deadline can be found here.
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A Delhi court has set aside the jail term of a man convicted of rash driving and killing a person on the DND flyway here, while blaming the victim for negligently crossing the busy road, which is a pedestrian-free zone.
Additional Sessions Judge S K Gupta acquitted the man, who was driving a Scorpio car on the Delhi-Noida-Delhi expressway at high speed in 2014 and hit a pedestrian while he was crossing the road after using a public toilet there.
“The DND Road is a busy road which connects Delhi to Noida. The deceased was crossing the road. The DND flyover is a pedestrian-free zone.
“The deceased himself was negligent while crossing the road. The criminality is not to be presumed merely on the basis of accident. There is high movement of the traffic on DND road. The deceased has crossed the road without taking care of the traffic on the road. In such circumstances, it is not possible to save the accident even if the vehicle is at low speed. The appellant (accused) cannot be said to be negligent,” the judge said.
The order came on the appeal filed by the man against a magisterial court’s 2017 decision holding him guilty of the offences of rash driving and causing death by negligence under the IPC.
The sessions court refused to rely on the testimony of an eyewitness to the incident and said “the bald testimony” that the appellant was driving the offending vehicle in a rash and negligent manner was not enough to prove his guilt.
“There is no other evidence on record to show the manner in which appellant was driving the vehicle to prove rashness or negligence on his part. The prosecution has failed to prove its case beyond shadow of reasonable doubt. Trial Court has not properly appreciated the evidence on record,” the court said while setting aside the magistrate’s order.
The magisterial court had on April 24, 2017 sentenced the man to one year in jail for driving his car rashly and negligently and hitting the victim, leading to his death.
In his appeal challenging the order, the man contended that the victim was reckless and died due to his own negligence.
According to the prosecution, on March 4, 2014, the complainant and eyewitness Arjun Kumar told the police that he, along with the victim Arjun Singh, was going from Sarai Kale Khan here to Greater Noida via the DND flyway.
He alleged that Arjun went to a public toilet across the road on the flyway and when he was crossing the road after using it, a rashly driven car hit him due to which he first fell on the bonnet of the vehicle and then on the road.
Arjun was taken to hospital where he was declared dead, the police said.
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The court also said that the government could also consult social entrepreneur Arunachalam Muuruganantham for supply of sanitary pads for girls staying in these homes.
A division bench of Justices N H Patil and G S Kulkarni was hearing a Public Interest Litigation filed by a city resident, Sangeeta Punekar, raising the issue of poor condition of a children’s shelter home in suburban Mankhurd.
The court said prima facie, the Mankhurd shelter home’s condition was not up to the mark.
“There is a need for constant governance, supervision and special care so as to maintain the condition of the shelter home. It is time the government comes up with a model plan which can then be emulated in all other shelter homes in the state,” Justice Patil said in an order on March 27.
The bench pointed out that the staff vacancies need to be filled immediately, the existing staff should be paid salaries on time, and the CCTVs should be in working condition and maintained regularly.
There should be regular medical check-ups of the children at the shelter home, and a proper supply of medicines and sanitary napkins, the court said.
“The issue of supply of medicines and sanitary napkins can be resolved within a day. There are so many NGOs working towards this. Why can’t the state government contact these NGOs?” Justice Patil asked.
The court also said that the government could consult Muruganantham, the inventor of a low-cost sanitary pad-making machine.
Government pleader Purnima Kantharia assured the court that the government was looking into the issue seriously and that all necessary steps would be taken.
The bench then posted the petition for hearing on April 20, and asked the government to file a compliance report by then.
The post Bombay High Court asks Maharashtra government to develop a plan for shelter homes appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.
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In an interim relief to 40 students pursuing a course in optometry, the Bombay High Court has directed the University Grants Commission (UGC) to declare their second semester results pending since last year.
A bench of Justices R M Sawant and S V Kotwal was earlier this week hearing a petition filed by Lotus College of Optometry, which had admitted the 40 students as the first batch of its four-year BSc degree in Optometry (health specialists in eye care) in 2016.
The course was affiliated to an open university.
However, a question mark now looms over the fate of the course as well as that of the students since, soon after their first semester exams in 2016, the Maharashtra government issued a communication to the UGC stating that Optometry was a medical course and therefore could not be affiliated with an open university.
As per the current rules of the state government, all medical courses are governed by the process laid down by the Maharashtra Medical Sciences Authority.
However, since the Juhu college had already admitted the above students, it moved the High Court challenging the above communication.
While a hearing on the main plea is pending in the HC, various benches of the court have been issuing orders from time to time to help the above students appear for their semester exams.
Following directions of the court, the students were permitted by the state and the UGC to appear for their first, second, and third semester exams.
While they are waiting now for admissions to the fourth semester, the results of their second semester exams were held back by authorities on the ground that the issue of course’s recognition was yet to be decided upon.
Incidentally, their third semester results were declared by authorities after some persuasion by students.
The bench, however, noted that since the students had already been admitted before the breach in procedure was flagged by the state, their interest must not be prejudiced.
It thus directed the state and UGC to resolve the issue over their second semester results and publish the same.
“The relief of declaration of the results of the second semester is sought on the ground that otherwise, the students will not be allowed to appear for the 4th semester.
“Having regard to this piquant situation which has arisen namely on account of the fact that the admissions have been carried out by the petitioner (the college) without following the prescribed procedure.
“However, with a view to see to it that the students, who have already gained admissions are not prejudiced, we direct the authorities to declare the results,” the bench said.
The bench also said that it will begin hearing the main issue of recognition of the course in June.
The post UGC to declare 2nd semester results of students pursuing optometry course: Bombay High Court appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.
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