the law lens edition 1
Post on 12-Jan-2022
1 Views
Preview:
TRANSCRIPT
Ignorance of Law
is no excuse
July
2021
Edition
1www.aslawonline.com
CONTENTS
Foreword 1 Why Law Lens ? 2 ARTICLES / FAQ
KNOW ABOUT ANNUAL MCA COMPLIANCE – PART 1 A COMPLETE GUIDE TO FILE DPT-3 FORM FAQ’S ON DOCUMENT REGISTRATION RELATING TO IMMOVABLE PROPERTY IN TAMILNADU FILING OF MAINTENANCE CASES – HERE IS A LATEST DEVELOPMENT
3 9
12
NEWS AND UPDATES LEGAL UPDATES BIRD’S EYE VIEW ON RECENT JUDGMENTS
17
23
ENTERTAINMENT CORNER 26 OPINIONS 30
1
PROLOGUE
“The Law Lens” is a monthly law journal prepared and published by the Law office
of Savitha.G – A & S Associates. The primary aim of this initiative is to disseminate
information relating to important legal updates, Rules, procedures, latest judgments
etc, that are useful for a common man to employ in their day to day lives. Primary
areas covered in this journal are business laws, property laws, and matrimonial or
family laws. The contents of this journal, as far as possible are drafted in a simple
language enabling common men to understand and take informed decision after
seeking the professional help at the right time.
The articles, updates and contents shared in this journal intend to provide complete
information on the subject, but the publisher does not guarantee to the completeness
and correctness of the same. We are not liable for any consequence of any action
taken by you relying exclusively on the material / information provided in this
Journal. In event of any legal issues, one must, in all cases, seek independent legal
advice.
A & S Associates Law office of Savitha G
2
WHY “THE LAW LENS”?
Ignorance of Law is no excuse.
I firmly believe that, the role of a lawyer need not always start when there is a
problem. Lawyers can also prevent someone from facing a problem through various
means. One such medium is to educate and create awareness on those laws and
procedures that one may apply to his/her daily life.
I have always been passionate to teach, explain and clarify things to people whenever
they approach me. My love towards writing is increasing every day and has reached
the next level now. My creativity is something that always gives me immense
happiness. The result of my passion, desire, love and happiness is “The Law Lens.”
For the last 10 years, this profession gave me lot of learning. People around me
played a crucial part in all these years. After all these years of “taking” something
from this profession, now I intend to “give” something in return which I gained all
these years and will be gaining in future.
I thank everyone who motivated, persuaded, and supported me to take up this
initiative. I will continue to do my best and looking forward for the continued
support.
-SAVITHA.G
Advocate
Founder, A & S Associates.
3
ARTICLES & FAQ:
BUSINESS / CORPORATE LAW:
KNOW ABOUT ANNUAL MCA COMPLIANCE – PART 1
A COMPLETE GUIDE TO FILE DPT-3 FORM
Annual compliances for legal entities
Every company/ LLP (Limited Liability Partnership) is required to comply with the provisions of Companies Act, 2013 and Limited Liability Partnership Act 2008 and make necessary filings periodically. Primarily it includes, audit of the books of accounts of the entity, filing of income tax return and annual compliances with the Registrar of Companies.
Companies must fulfil the requirements and file the necessary within the specified due dates to avoid heavy penalty, late fee and prosecution.
There are many forms, which is company is required to file every year. One among them is DPT-3. In this article, we shall discuss about Form DPT-3, the importance and nuances of the form, cost and deadlines to file the form.
What is Form DPT-3?
DPT-3 form is a one-time return to be filed by a company. Every company is
required to file their outstanding loans that not treated as deposits in this form.
4
Legal provisions and Due date for
filing
On 22nd January 2019, the MCA
(Ministry of Corporate Affairs) rolled
out a new compliance in the
Companies (Acceptance of Deposits),
Rules, 2014 and mandated filing of
Form DPT-3.
Rule 16 of the Companies (Acceptance
of Deposits) Rules, 2014, contains
provisions relating to return of deposits
to be filed with the Registrar of
Companies. Accordingly, every
company, to which these Rules apply,
shall file with the Registrar, a return in
Form DPT-3 along with the prescribed
fee as provided in Companies
(Registration Offices and Fees) Rules,
2014.
5
Rule 1(3) of the aforementioned Rules exempt the following companies for the
purpose of applicability of the said Rules:
(i) A banking company;
(ii) A non-banking financial company as defined in the Reserve Bank of India Act,
1934 (2 of 1934) registered with the Reserve Bank of India;
(iii) A housing finance company registered with the National Housing Bank
established under the National Housing Bank Act, 1987 (53 of 1987); and
(iv) A company specified by the Central Government under the proviso to sub-
section (1) of section 73 of the Act,.
Therefore all Companies other than those specified above, shall file E-form DPT 3
with the Registrar of Companies, on or before 30th June of every year, and furnish
the information contained therein as on the 31st day of March of that year duly
audited by the auditor of the company.
Rule 3 of the Companies (Registration Offices and Fees) Rules, 2014, lists out the
transactions which are not considered as “Deposits.”
Every Company, as stated above shall disclose the particulars of such transactions
as on the 31st March, every year, on or before 30th June of the said year.
6
Documents required for filing DPT-3:
The below documents will be required for filing DPT-3.
Certificate of the Auditor.
Latest Audited Balance Sheet
Fees for Filing DPT-3 form
The following Fee shall be payable in event of filing of E form – DPT 3:
Company’s Nominal Share
Capital
Fee applicable
Less than 1,00,000 Rupees 200 per form
1,00,000 to 4,99,999 Rupees 300 per form
5,00,000 to 24,99,999 Rupees 400 per form
25,00,000 to 99,99,999 Rupees 500 per form
1,00,00,000 or more Rupees 600 per form
In case of company not having
share capital
Rupees 200 per form
7
Delay in Filing of DPT-3 – Additional Fees/Penalty
In event of delay in filing, beyond the applicable due date, the following additional
fee is applicable in addition to the normal fee stated above:
Delay (In days) Fee applicable
Up to 30 days 2 times of normal fees
More than 30 days and up to 60 days 4 times of normal fees
More than 60 days and up to 90 days 6 times of normal fees
More than 90 days and up to 180 days 10 times of normal fees
More than 180 days 12 times of normal fees
In event of contravention of the above Rules, the company and every officer of the
company who is in default shall be punishable with fine which may extend to five
thousand rupees and where the contravention is a continuing one, with a further fine
which may extend to five hundred rupees for every day after the first day during
which the contravention continues.
8
Who need not file DPT-3 form?
If the company does not have an outstanding loan, it need not file the DPT-3 form.
Every Company need to approach a professional to know and understand the
applicability of these provisions to their company and ensure compliance to be done
on time to avoid late fee and penal consequences.
9
PROPERTY LAW
FAQ’S ON DOCUMENT REGISTRATION RELATING TO IMMOVABLE
PROPERTY IN TAMILNADU
1. What are the documents required for registration of documents?
The following documents are required for registration:
The deed/ agreement/ document to be registered.
Proof of identity and proof of address of the parties executing the document.
Proof of identity and proof of address of the witnesses
Receipt issued for payment of Stamp duty and Registration fee paid for the
registration.
Title documents relating to the property proposed to be registered.
Certificate of encumbrance relating to the property.
10
Other relevant documents/ records relating to the subject property.
2. What is the process for registration of document in Tamilnadu for
land/property registration?
For registration of a document, one needs to upload all the required documents
in the registration portal of Tamil Nadu Registration Department -
“www.tnreginet.gov.in”.
Thereafter, excess stamp duty and registration fee as applicable is required to
be paid.
After payment, an appointment for registration, on the desired date and time
is required to be fixed with the concerned Registrar office.
On the date of appointment, the concerned parties along with the witnesses
need to be present and complete the registration at the concerned registrar
office.
3. How to obtain appointment for registration of documents?
Appointment can only be taken only through login ID in the TN Registration
portal.
Using the login, in the TN registration portal, one can select the time slot by
checking the availability then fix date and time for the registration.
However this should be done only after uploading all the relevant details.
11
4. What is the procedure to pay stamp duty and registration fee?
Both online and offline payment options are available. If payment is made
online through the TN registration portal, the same can be made immediately.
In event of offline payment, one should generate a challan for the required
sum, and remit the same with the bank. Other modes such as Demand Drafts,
cash etc are not available anymore.
5. What is the procedure to collect the registered document post
registration?
After the completion of registration and other required formalities the return
of registered documents can be collected.
The name of the person who is obtaining the return of the document needs to
be disclosed beforehand, at the time of online upload of documents.
12
FAMILY LAW:
FILING OF MAINTENANCE CASES – HERE IS A LATEST
DEVELOPMENT
Law provides various options for claiming maintenance. Old/dependent parents can
claim maintenances from their children, wives under certain circumstances can
claim maintenance from their husbands and maintenance can also be claimed from
the parents for their minor children. There are various provision through which a
person can knock the door of the court to seek maintenance.
Section 125 of code of criminal procedure provides for provision for the dependent
parents, wives and children to claim maintenance. Similarly section 24 and 25 the
Hindu marriage Act 1955 provides for interim maintenance, permanent alimony and
maintenance. Similar provisions are also available under the special marriage Act.
There are various judgments passed by the judiciary that governs the procedures,
guidelines and criteria grants of maintenance.
13
On 04.11.2020, the supreme court in
the case of Rajnesh vs Neha [Slp
(crl)no. 9503 of 2018] as issued
guidelines in respect of maintenance,
proceedings before Family
Court/District Court/Magistrate's
Court, as the case may be, throughout
the country as the case may be.
1. The Affidavit of Disclosure of Assets and Liabilities annexed at Enclosures I,
II and III of this judgment, as may be applicable, shall be filed by the parties
in all maintenance proceedings.
2. The Applicant making the claim for maintenance will be required to file a
concise application accompanied with the Affidavit of Disclosure of Assets
3. The Respondent must submit the reply along with the Affidavit of Disclosure
within a maximum period of four weeks. The Courts may not grant more than
two opportunities for submission of the Affidavit of Disclosure of Assets and
Liabilities to the Respondent.
14
4. Format may be modified by the concerned Court, if the exigencies of a case
require the same. It would be left to the judicial discretion of the concerned
Court, to issue necessary directions in this regard.
5. If apart from the information contained in the Affidavits of Disclosure, any
further information is required, the concerned Court may pass appropriate
orders in respect thereof.
6. If there is any dispute with respect to the declaration made in the Affidavit of
Disclosure, the aggrieved party may seek permission of the Court to serve
interrogatories, and seek production of relevant documents from the opposite
party Under Order XI of the Code of Civil Procedure
7. On filing of the Affidavit, the Court may invoke the provisions of Order X of
the Code of Civil Procedure or Section 165 of the Evidence Act 1872, if it
considers it necessary to do so;
8. The income of one party is often not within the knowledge of the other spouse.
The Court may invoke Section 106 of the Evidence Act,1872 if necessary,
since the income, assets and liabilities of the spouse are within the personal
knowledge of the party concerned.
9. If during the course of proceedings, there is a change in the financial status of
any party, or there is a change of any relevant circumstances, or if some new
15
information comes to light, the party may submit an amended/supplementary
affidavit, which would be considered by the court at the time of final
determination.
10. The pleadings made in the applications for maintenance and replies filed
should be responsible pleadings; if false statements and misrepresentations
are made, the Court may consider initiation of proceeding Under Section 340
Code of Criminal Procedure, and for contempt of Court.
11. In case the parties belong to the Economically Weaker Sections ("EWS"), or
are living Below the Poverty Line ("BPL"), or are casual laborers, the
requirement of filing the Affidavit would be dispensed with.
12. The concerned Family Court/District Court/Magistrate's Court must make an
endeavor to decide the I.A. for Interim Maintenance by a reasoned order,
within a period of four to six months at the latest, after the Affidavits of
Disclosure have been filed before the court.
13. A professional Marriage Counsellor must be made available in every Family
Court
16
All the above guidelines are effective both for the future cases as well as the
maintenance cases that are already pending. The above safeguards are issued by the
court to ensure sufficient safeguards in protecting the rights of both the parties to the
proceedings and uphold the essence of such provisions.
17
NEWS & UPDATES
Legal Updates
1. Extension of Limitation period :
The Hon’ble Supreme Court on
27th March, 2021 decided to
extend the period of limitation
of filing cases in various Courts
with effect from 14.03.2021,
until further orders in view of
hardships faced by litigants due
to the alarming Covid-19
situation. Therefore In
computing the period of
limitation for any suit, appeal,
application or proceeding
irrespective of the limitation
prescribed under the General
law or Special Laws, whether
condonable or not, the period
from 15.03.2020 to till further
order shall stand excluded.
18
2. Board Meetings of Companies through video conferencing
The Ministry of Corporate
Affairs has notified the
Companies (Meetings of Board
and its Powers) Amendment
Rules 2021, with effect from
15.06.2021. This Amendment
has scrapped Rule 4 of the said
Rules. Now MCA allows the
Board of a company to approve
their financials, approve the
Board’s report etc., in a meeting
conducted through Video
conferencing.
19
3. Extension of time for registration of existing MSME's under UDAYAM
registration :
The ministry of micro small and
medium enterprises has issued a
notification dated 26.06.2020.
According to the said notification all
the Msme's existed prior to the
notification shall also register under
the UDAYAM registration portal on or
before 31.03.2021. The Ministry of
micro, small and medium enterprises
has issued one more notification dated
16.06.2021 extending the time limit
from 31.03.2021 to 31.12.2021 for
registration of existing Msme's as
stated above.
20
4. Extension of due dates of Form DPT-3, Form CFSS -2020 and other
forms
MCA has issued, General Circular
No. 11/2021 dated 30th June, 2021,
and granted additional time to
Companies & LLPs to file certain
forms. Accordingly, Forms that are
due for filing between 1st April, 2021
to 31st July, 2021 can now be filed
before 31st August, 2021 without any
additional fee.
21
5. Partnership Registration in Tamil Nadu – Ease of Doing business :
The Tamil Nadu Registration department has issued a circular dated
07.12.2020, and has created provisions, Rules etc for submitting Application
for Registration of Partnership firm through online mode.
22
6. Service of notices/pleadings through Whatsapp or Telegram :
On 10.07.2020, the Supreme Court
directed that the service of notices,
summons and pleadings etc may be
effected by e-mail, FAX, commonly
used instant messaging services, such
as WhatsApp, Telegram, Signal etc.
However, if a party intends to effect
service by means of the said instant
messaging services, they must also
effect service of the same
document/documents by e-mail,
simultaneously on the same date.
23
Bird’s eye view on Recent Judgments:
1. Arbitration - Madras High Court: limitation under article 137 applicable
to section 11 of the arbitration and conciliation act 1996: Board Of Trustees
Of The Port Of Chennai Vs X Press Container Line [2021 (1) CTC 275]
2. Consumer Protection - SUPREME COURT: Even if there exists an
arbitration clause in agreement and complaint is filed by consumer in relation
to certain deficiency of service , then existence of arbitration clause will not
be a bar for entertainment of complaint by consumer forum- Varjinder Kaur
& Another Vs M/ S Emaar MGF Land Ltd [2016 (4) CPR 61]
3. Consumer Protection - National Consumer Disputes Redressal
Commission: Recognized consumer association can file complaint on behalf
of several consumers in one complaint ( consumer protection act 1986 sec
12(1)(b)- Subhechha Welfare Society Vs Earth Infrastructure Pvt Ltd
[2021 (2) CTC 111]
4. Registration Act - Supreme Court: Increase in rent after 1 year cannot be
construed when a rent deed is silent on the duration of tenancy - Siri Chand
(Deceassed) Vs Surinder Singh [Civil Appeal No. 2617 of 2020]
5. SARFASI Act - Supreme Court: If any of tenants claim that he is entitled
to possession of secured asset for term of more than year it has to be supported
24
by execution of registered instrument ,if tenant relied on unregistered
instrument or oral agreement accompanied by delivery of possession ,tenant
is not entitled to possession of secured asset for more than period prescribed
under sec 107 of TP act Bajarang shyam sundar Agarwal vs central bank of
India [2019(4) BC 1 SC]
6. Hindu Marriage Act - Supreme Court of India : In a matrimonial dispute
inclination of the child and where the child is comfortable are important
factors regarding visitation rights - Nutan gautam vs Prakash Gautam
[2019 (4) SCC 734]
7. Hindu Marriage Act - High Court of Madras - Mere long separation is not
a ground to snap matrimonial tie, held husband not entitled fo divorce on that
ground (hindu marriage act 1995 section 13(1)(1-a) - Rajkumaran VR Vs
BS lavanya (DB) 2021 (1) CTC 504
8. Domestic Violence Act - Supreme Court of India - wife is also entitled to
claim a right to residence in a shared household belonging to relatives of the
husband. Under Dv Act - Satish Chander Ahuja Vs Shena Ahuja [Civil
Appeal No. 2483 of 2020]
9. Hindu Marriage Act - Madras High Court - wife filing application for
maintenance after the husband filed application for divorce , maintenance
must be commensurate with the salary of the husband , amount of
maintenance modified - KS vimaleswaran vs CPS charumathi [2017 (3)
CCC 39 ]
25
ENTERTAINMENT CORNER:
The Ministry of Corporate Affairs had executed a scheme called CFSS (Companies
Fastback Settlement Scheme) from 01.04.2020 to 31.12.2020. During this period,
companies, which were defaulted in filing their returns, were allowed to file their
returns during this period without any late fee or penalty. But due to lockdown, non-
functioning of courts and technical issues in the MCA website, many were unable to
make use of this scheme and complete their filings. No extension was granted
beyond this period in spite of huge protests.
26
Not just one day, but this issue happens many times. One needs to upload the details
of registration through online portal before proceeding for registration of a property
in Tamil nadu. Though the website is very user friendly and makes our work easy,
two things are advisable. Avoid planning for a registration in the last minute to
escape technical glitches. Always have complete details in hand before starting the
upload.
27
One of the key factors that determine the health of a company is its compliance.
Ensuring compliance is important. Taking the step at the right time is equally
important. Last minute rush to make compliance on the due date may lead to lot of
difficulties.
28
Every lawyer, especially those who are active in social media, face this common
problem. They try to take to take legal advice for their personal issue in the form of
anonymous request as if the same is asked for a friend or a relative. Unfortunately
they don’t understand the fact that lawyers will easy identify the reality in few
minutes.
29
.
Like other professionals, Lawyers too have their toolkits. In the big handbag that a
lady lawyer carries, sizeable portion is occupied by pens, stamps and other stationery
items.
30
OPINIONS
SUPPORT SMALL BUSINESS/ENTREPRENEURS DURING
LOCKDOWN
Small business houses, startups and entrepreneurs go through an extremely tough
phase during this lockdown period is less spoken.
Some of the PRIMARY ISSUES, they may have to address are,
1. Office/factory rent irrespective of usage.
2. Collection of receivables.
3. Salaries/wages to employees.
4. Stagnation of existing stock on account of lack of new orders or purchases
5. Lack of clarity about future on account of the future changes in the business
environment.
6. Payable pressure from suppliers/ service providers.
WHAT SUCH BUSINESS NEED TO AVOID?
1. Taking important investment decisions.
2. Terminating of employees or workers during the lockdown period.
3. Sale/transfer of business or alter the existing stake holding pattern.
4. Shutting down the business.
5. Blaming the Government, society and country on the whole.
6. Spoiling the personal peace and happiness of the family.
WHERE SHOULD THEY FOCUS?
31
1. Focusing on developing a strong online base for the business.
2. Analyzing the business happened for the last few years and identifying strengths
and weaknesses.
3. Creating a business model to strengthen the relationship with the employees and
making them to take a small share both in the boom as well as burdens.
4. Learn and understand the law relating to your business, legal compliances that
required to be made.
5. Make a simple list of legal compliances to be made, and check if the same are
compiled by your business. If not, take time to work on that.
6. Set up an elaborate plan for creating a fund (monthly on annual) after the
lockdown period to meet similar emergencies if any in future. If possible chalk
out a plan to make your employees to be a part of it.
7. Spend quality time with your family. Explain your business activity to your
spouse/parents/siblings/children depending on their age and capacity to
understand. Ask for open suggestions and have healthy discussions. Third party
views on your future plans will help to a greater extent.
HOW CAN WE HELP SUCH BUSINESSES?
1. If you are a landlord and if the rent from such business unit is not your primary
source of income, defer the rent collection for the lockdown period and the
collect the same as 2 or 3 installments in the upcoming months.
2. The technique mentioned above can also be applied in cases of employees,
suppliers or service providers depending on the situation.
32
3. If you are a regular earning member and if you owe money to small business
units, please don’t utilize this lock down a reason to postpone their payments.
4. If you are own a bigger company/industry and if a small business unit is your
regular or retainer supplier/service provider, try to make an advance payment
and pre book their services.
5. If you wish to donate/ contribute a bigger amount to people who are in distress,
try to identify small business units that manufacture or sell essential items, pay
them, procure the stock and donate.
6. If you can contribute only a smaller amount, see if you can pool in funds from
people who have similar mindset and procure supplies.
7. If you are a relative/friend of someone who is into a small business or owns a
startup, take a minute to check if they are doing fine and see if you can in any
form help them.
8. Lastly, if you are a member of the family which depends on such business,
please understand, adjust and support the breadwinner. Family may not change
the situation outside. But, at this tough time, only the family members can
safeguard the mental health of such business people which may be affected on
account of business pressure, depression and fear of future.
This is the time for us to support ourselves and support our society. Let us slowly
try to view the bigger picture of the problem and try to help as far as possible.
SAVITHA G
33
THE TEAM
Author and Editor: Savitha .G
Content Support:
1. V. Gayathri
2. K. Kumari
3. A.K.Suryakumar
Design and Support: Savitha .G, Arun Devanathan, V.Gayathri.
34
FOR SUGGESTIONS/ FEDBACK/ QUERIES,
Please write to info@aslawonline.com
Or
Reach us at www.aslawonline.com
To get legal updates and other articles, follow us at our telegram channel at
https://t.me/aslawonline
top related