Search Results for "Shareholder"

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Search Results for "Shareholder"

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Tribunals

NCLAT Dismisses Appeal by Shareholder Against CIRP Admission — Shareholder Lacks Locus Standi Under Section 61 IBC. The appeal filed by a shareholder against the order admitting a Section 9 petition by an operational creditor was dismissed as the shareholder is not an aggrieved person under Section 61 of the IBC.

19 Jan 2024

The present appeal was filed under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) by Romi Datta, a shareholder of Sahara Q Shop Unique P...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order in Final Decree Proceedings — Court Holds That Application Under Section 151 CPC Read with Sections 3 and 4 of the Partition Act for Considering Earlier Applications Is Maintainable and Not Barred by Res Judicata.

24 May 2023

The writ petition was filed by the petitioners (Mukunda Rao and Venkatesh Rao) challenging the order dated 25.10.2021 passed by the Principal Senior C...

Supreme Court

Supreme Court Dismisses Trade Union's Petition Against Disinvestment of Government Shareholding in Public Sector Undertaking. Disinvestment Policy Upheld as Within Executive Domain, and Previous Litigation Barred Re-agitation Under Res Judicata in Public Interest Litigation Under Article 32 of Constitution.

18 Nov 2021

The National Confederation of Officers Association of Central Public Sector Enterprises, a trade union registered under the Trade Unions Act 1926, alo...

Supreme Court

Supreme Court Upholds Doctrine of Mutuality for Incorporated Clubs — Supply of Food and Drinks to Members Not Taxable as Sale. The Court held that Article 366(29-A)(e) does not override the mutuality principle and that incorporated clubs acting as agents of their members do not effect a 'sale' under sales tax laws.

3 Oct 2019

The Supreme Court in this batch of appeals considered the applicability of the doctrine of mutuality to incorporated clubs after the 46th Amendment to...

High Court

Bombay High Court Quashes Process Under Section 127 of Companies Act for Non-Payment of Dividend Due to Pending Dispute Between Shareholder Groups. The court held that the defence under section 127(c) of the Companies Act, 2013, which allows non-payment if there is a dispute regarding the right to receive the dividend, must be considered before issuing process.

22 Apr 2019

The case involves three criminal applications filed by the directors of Man Industries (India) Limited (MIIL) seeking quashing of notices and process ...

High Court

Bombay High Court Quashes FIR Against Valuers in Cheque Dishonour Case — No Offence Under Section 138 NI Act as Complainant Failed to Prove Debt Legally Enforceable. The court held that the presumption under Section 139 NI Act is rebuttable and the complainant must prima facie show a legally enforceable debt.

6 Dec 2017

The judgment pertains to three criminal applications filed by Ramesh Dahyalal Shah, Yardi Prabhu Consultants & Valuers Pvt. Ltd., and Ashwinkumar Shet...

High Court

Bombay High Court Dismisses Appeals Against Company Law Board Order in Oppression and Mismanagement Case — Maintainability of Petition Under Sections 397 and 398 of Companies Act, 1956 Upheld. Transfer of shares during pendency does not automatically defeat petition; court examines bona fides of transfer and retains jurisdiction to grant interim relief.

15 Jul 2005

The judgment arises from three appeals against a common order of the Company Law Board (CLB) in two company petitions under Sections 397 and 398 of th...

High Court

Bombay High Court Dismisses Winding Up Petition in 50:50 Joint Venture Due to Availability of Buy-Out Remedy. Loss of mutual trust and confidence does not automatically justify winding up under Section 433(f) of the Companies Act, 1956 when one party is willing to purchase the other's shares.

21 Apr 2005

The petitioner, Severn Trent Water Purification Inc, filed a winding up petition under Section 433(f) of the Companies Act, 1956 against Capital Contr...

High Court

Bombay High Court Allows Appeal in Company Law Dispute Over Share Transfer and Gift Validity. Statutory Register Prevails Over Returns Filed with Registrar of Companies in Case of Conflict.

10 Mar 2005

The present appeal is filed under Section 10-F of the Companies Act, 1956, challenging the order and judgment passed by the Company Law Board. The app...

Tribunals

NCLAT Dismisses Appeal by Resolution Professional in Fraudulent Trading Case Under Section 66 IBC — Lack of Evidence of Intent to Defraud Creditors. The Appellate Tribunal upheld the NCLT order, holding that mere continuation of business or inability to pay debts does not constitute fraudulent trading without specific evidence of fraudulent intent.

30 Nov -0001

The case involves an appeal filed by the Resolution Professional of Think & Learn Private Limited (the corporate debtor) against Aakash Educational Se...

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