Search Results for "Shareholder Rights"

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Search Results for "Shareholder Rights"

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Supreme Court

Supreme Court Appoints Arbitrator in Shareholder Dispute Over Share Transfer and Lock-In Period — Holds That Disputes Relating to Shareholders Agreement Are Arbitrable Despite Alleged Termination of Service Agreement. The court found that the arbitration clause in the Shareholders Agreement survived termination and that the claims regarding shareholding rights fell within its scope, rejecting the respondents' objections.

18 Nov 2024

The petitioner, Aslam Ismail Khan Deshmukh, a Non-Resident Indian with expertise in the drilling fluid industry, filed two petitions under Section 11(...

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...

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 Dismisses Section 9 Petition for Injunction in Arbitration Dispute Over Development Agreement. Court holds that disputes regarding termination of a development agreement are arbitrable and that interim relief under Section 9 cannot be granted when the agreement itself provides for termination and the petitioner has an adequate remedy under the arbitration clause.

2 May 2017

The petitioner, B.E. Billimoria & Company Limited, filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking an injunctio...

High Court

Bombay High Court Grants Interim Injunction Restraining Bank from Enforcing Guarantee and Pledge Against Company Pending Company Law Board Proceedings. Alleged Fraudulent Assumption of Liability by Directors Without Shareholder Consent Raises Serious Questions to be Tried.

15 Jul 2013

The applicant, Rajinder Kumar Malhotra, filed an application in a pending company appeal seeking an interim injunction to restrain HDFC Bank from reco...

High Court

Bombay High Court Allows Arbitration Petition Under Section 8 of Arbitration and Conciliation Act, 1996 — Dispute Referred to Arbitration as Shareholders Agreement Contains Valid Arbitration Clause. The court held that the respondents, being parties to the shareholders agreement, must be referred to arbitration despite the petitioner not being a party to that agreement.

4 Oct 2012

The petitioner, Rohini Industrial Electricals Limited, filed an Arbitration Petition under Section 8 of the Arbitration and Conciliation Act, 1996, se...

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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