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Search Results for "shareholder agreement"

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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(...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in SARFAESI Act Dispute — Civil Suit Barred Under Section 34 of SARFAESI Act, 2002. Shareholder's Allegations of Fraud Do Not Override Statutory Bar When Secured Assets Are Involved.

15 Oct 2024

The petitioner, Shashikant Gangar, a shareholder and director of Libox Chem (India) Private Limited (respondent no. 2), filed a writ petition challeng...

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 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 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 Quashes 'C' Summary Report in Cheating Case — Directs Further Investigation Under Section 173(8) CrPC. Court finds that the investigating officer failed to examine crucial documents and witnesses, rendering the summary report premature and based on incomplete investigation.

27 Oct 2016

The petitioner, Dharmil Anil Bodani, filed a criminal writ petition under Article 227 of the Constitution of India and Section 482 of the Code of Crim...

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 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...

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