#BulletinBoard (September 22, 2018)

Supreme Court Rules that back wages cannot be claimed as right on reinstatement of service

The Supreme Court, on 20th September, 2018, in the case of, Rajasthan State Road Transport Corporation v. Phool Chand  has held that back wages cannot be claimed as matter of right on reinstatement of service. It further held that it is necessary for the employee to prove with the help of evidence that post dismissal, he/ she was not gainfully employed and had no earning to support himself/herself.

MCA Notifies the Commencement of Section 37 of the Companies (Amendment) Act, 2017

The MCA, on September 19th, 2018, notified the commencement of section 37 of the Companies (Amendment) Act, 2017 from September 19, 2018. These rules shall come into force on the date of their publication in the Official Gazette. This section amends section 135 of the principal act, i.e. the Companies Act, 2013.

The amendment makes the profit and turnover requirements of the immediately preceding financial year as the basis for formation of a Corporate Social Responsibility Committee.

Further, the amendment permits the companies which do not have to appoint an independent director as per Section 149(4) to have a minimum of 2 directors instead of 3 in their Corporate Social Responsibility Board.

Copyrightability of film titles: Delhi High Court advises producer bodies to consider framing guidelines.

The Delhi High Court, on August 31, 2018, in the case of Prism Motion Pictures Pvt. Ltd. v. Mukta Arts, advised the Indian Film and Television Producer Council (IFTPC) and Indian Motion Pictures Producers’ Association (IMPPA) to consider framing guidelines with regard to competing film titles registered with them in order to avoid future conflicts.

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