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High Court

Bombay High Court Hears SEBI's Application to Recall Sanction of Composite Scheme in Fertilizers Merger Case. Securities Regulator Alleges Material Non-Disclosure and Accounting Violations in Scheme Involving Listed and Unlisted Companies Under Companies Act, 1956.

10 Sep 2015

The Securities and Exchange Board of India (SEBI) filed applications on 21.02.2013 seeking recall of orders of the Bombay High Court dated 17.06.2011 ...

Supreme Court

Supreme Court Remands Oppression Petition in Share Allotment Dispute Under Sections 397/398 of Companies Act, 1956 — Preference Shareholder's Voting Rights and Validity of Allotments Require Reconsideration. The Court held that the allotments were made in compliance with Section 81(1A) but the High Court failed to properly assess the allegations of oppression, necessitating a fresh hearing by the Company Law Board.

10 May 2019

The appeal arose from a judgment of the Delhi High Court which set aside an order of the Company Law Board (CLB) in a petition under Sections 397 and ...

Supreme Court

Supreme Court Upholds Assessee in Income Tax Case Regarding Computation of Capital Gains on Renouncement of Right Shares. The Court held that net capital gain under Section 12B(2) of the Income-tax Act, 1922, must be determined after deducting loss due to depreciation in value of original shares, applying commercial principles.

31 Oct 1966

This appeal concerned the proper computation of capital gains under the Indian Income-tax Act, 1922. The assessee, an individual, held 710 shares as i...

High Court

Bombay High Court Allows Appeal in Income Tax Case on Share Premium Utilization — Tribunal's Direction to Examine Section 78 of Companies Act, 1956 Set Aside as Beyond Scope of Income Tax Proceedings. The court held that the Assessing Officer cannot examine compliance with company law provisions in income tax proceedings, and the Tribunal's order was perverse.

9 Feb 2024

The appellant, Shendra Advisory Services Pvt. Ltd., was a joint venture between Indian promoters (Future Group) and a foreign company, Participatie Ma...

High Court

High Court of Judicature at Bombay Examines Company Law Board's Power to Direct Issue of Shares Under Section 111 of Companies Act, 1956. The appeal raises the question whether the Board can order issuance of share certificates and rectification of register absent valid transfer documents.

9 May 2014

This company appeal arose from an order of the Company Law Board (CLB) dated 14 January 2013 in Company Petition No. 23 of 2012. The CLB had directed ...

Supreme Court

Supreme Court Dismisses Appeal in Company Law Dispute Over Share Transfer Validity and Limitation. Rectification of Register of Members under Sections 59 and 88 of Companies Act, 2013 requires proof of valid share transfer and petition within limitation.

6 Sep 2024

The case involves an appeal by Chalasani Udaya Shankar and others against M/s. Lexus Technologies Pvt. Ltd. and others, arising from a company petitio...

High Court

APPEAL No. 331 of 2012

18 Sep 2012

The dispute centered on the shareholding of Gharda Chemicals Ltd., a closely held company originally belonging to the Gharda and Kavasmaneck families....

High Court

High Court of Bombay Grants Direction Dispensing with Section 101(2) Procedure in Reduction of Share Capital – Interpretation of 'Any Other Case' under Section 101(2) and Discretion of Court. The court held that where reduction does not involve diminution of liability in respect of unpaid share capital or payment to shareholders, Section 101(2) does not automatically apply, and the court has discretion to dispense with creditor objection procedure under Section 101(3) in special circumstances.

10 Feb 2005

The applicant, Rallis India Limited, a public limited company, had merged four loss-making subsidiaries, resulting in an accumulated debit balance of ...

High Court

Bombay High Court Upholds Petitioner Company in Reduction of Share Capital Case Under Sections 100-104 of Companies Act, 1956. Court-Ordered Valuation Found Plausible; Minority Objectors Failed to Prove Unfairness.

9 May 2014

Cadbury India Limited filed a petition under Sections 100 to 104 of the Companies Act, 1956, seeking sanction of a special resolution for reduction of...

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(...

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