MCA Further Amends Companies (Management and Administration) Rules, 2014
The Ministry of Corporate Affairs (“MCA”) vide its notification dated June 14, 2018 has further amended rules prescribed under the Companies (Management and Administration) Rules, 2014. These amended rules have been titled the Companies (Management and Administration) Second Amendment Rules, 2018 (“Amended Rules”). The Amended Rules omit Rule 13 which, prior to the amendment, required every listed company to file with the Registrar, a return in Form MGT-10 (reporting of changes in shareholding positions of promoters and top ten shareholders of the company). Further, Rule 22 (16) of the Companies Act, 2013 (“Act”) which prohibited one person company and other companies having upto 200 members from transacting through postal ballot, has been amended by adding a proviso which permits such companies to transact items of business through postal ballot at a general meeting, provided that the facility to vote by electronic means under Section 108 of the Act is available to all members.
Bombay HC on ‘Invasion of Privacy’
The Bombay High Court in its June 18, 2018 judgment in Farhad Ginawalla v Zenobia Phoolwala & Anr. has held that installing close circuit television cameras (“CCTV”) outside somebody’s flat or residence without their consent in order to monitor their daily movement is an invasion of privacy. The Bombay High Court was hearing a motion to a suit wherein a wife and her husband (landlords and defendants) had placed CCTV over the main entrance doors of the plaintiff’s flats, without their consent, monitoring the daily activities of the plaintiff family. The defendants were alleged to have taken pictures and videos of the plaintiff inside their home, thereby invading their privacy. The Bombay High Court made it clear to the defendants that they were free to install cameras on their own floor, where they reside, but not elsewhere. Therefore, it was held that the installation of CCTV cameras without the consent of owner amounts to invasion of privacy.