Unsolved_Practical Problems_4

Mr. A holder of Citi bank gold card wants to purchase online from ebay.com and pay US $ 15,000. Is he require to obtain any permission or any formalities under FEMA ? What if he makes payment through international credit card ?

Unsolved_Practical Problems_3

Mr. A holder of Visa classic card draw US $ 12,000 for the purpose of shopping. What formalities are requird to be observed if any ?

Would your answer be different if he draw US $ 1,000 per month for the one year for same purpose. What would be situation if Mr. A is holder of International credit card whose limit is Rs. 40,00,000 ?

Unsolved_Practical Problems_2

A manufacturer of electronic goods stipulated to his retailers that they should not sell the goods below minimum price, nor above the maximum price, not with variation in the stipulated price. Does this amount to resale price maintenance ?

Companies Act_Practical Problems_4

In the context of provisions of the Companies Act, 1956 and case laws if any, answer the following:
(a) Amalgamation of a foreign company with an Indian company.
(b) Is the scheme of amalgamation requires approval by preference shareholder?
(c) When will Court order dissolution of the transferor company?

(A)In Bombay Gas Company (P) Ltd., vs. Central Government the Bombay High Court held that Section 394(4)(b) provides for amalgamation of a foreign country with the Indian company. The transferee company, however, cannot be a foreign country.
(B) The expression member is not only holders of equity shares but also preference
shareholders who had to be taken into account and value of their shares be included.
(C) The scheme may provide for the dissolution without winding up of any transferor company

Competition act_Practical problems_1

The Association of Truck Operators of India by agreement insisted that members of the association shall not deal with the non-members in transportation of goods. The Association claims that this agreement is entered for the welfare of trade and not for any other purpose. In your opinion whether the agreement would be under the purview of the Competition Act, 2002. Whether your answer would be different if the association attempts to control the provisioning of services rendered by its members.

"Cartel" includes an association of producers, sellers, distributors, traders or service providers who, by agreement amongst themselves, limit, control or attempt to control the production, distribution, sale or price of, or, trade in goods or provision of services; The term
cartel like agreement has been given an inclusive meaning. Thus an association for the welfare
of the trade or formed for any other purpose not mentioned in the aforesaid definition will not be a cartel. It is only when an association, by agreement amongst themselves, limits control or
attempts to control the production, distribution, sale or price of, or, trade in goods or provision of services, that it will be a cartel.