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Search Results for "company dissolved"

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Supreme Court

Supreme Court Dismisses Amalgamated Company's Claim for Set-Off of Losses Under Kerala Agricultural Income Tax Act, 1991. The court held that set-off under Section 12 is permissible only by the assessee who suffered the losses, and the amalgamating company, having ceased to exist, cannot transfer this benefit to the successor amalgamated company, as no statutory provision supports such claim.

13 Apr 2026

The dispute arose from five civil appeals consolidated before the Supreme Court, involving the appellant, an amalgamated company, and the respondent, ...

Supreme Court

Supreme Court Allows Appeal in Eviction Suit: Co-owners of Dissolved Partnership Firm Have Locus to Terminate Tenancy Without Attornment or Public Notice Under Section 45 of the Indian Partnership Act, 1932. The court held that the co-ownership arrangement was a family arrangement and not a transfer, and the defendant's conduct established jural relationship.

18 Dec 2019

The appeal arises from a suit for eviction and mesne profits filed by the original plaintiffs, seventeen individuals claiming as co-owners of a shop p...

High Court

High Court of Karnataka Dismisses Petition Seeking Winding Up of Bangalore Development Authority for Non-Payment of Arbitral Award. Court holds that a statutory authority cannot be wound up under the Companies Act, 2013, and the remedy lies in execution of the award under the Arbitration and Conciliation Act, 1996.

4 Sep 2019

The petitioner, IL&FS Engineering and Construction Company Ltd. (formerly Maytas Infra Ltd.), a company engaged in infrastructure construction, had an...

High Court

High Court of Bombay Upholds CLB Order in Oppression and Mismanagement Case — Share Conversion and Board Reconstitution Upheld. The court affirmed that the conversion of preference shares into equity shares under a Share Subscription cum Shareholders Agreement was valid and that the CLB correctly found oppression and mismanagement by the promoters.

7 Jan 2016

The case involves appeals against an order of the Company Law Board (CLB) in a petition filed by Respondent Nos. 1 and 2 under Sections 397 and 398 of...

High Court

High Court of Bombay Upholds CLB Order in Oppression and Mismanagement Case — Conversion of Preference Shares and Board Reconstitution Upheld. Share Subscription cum Shareholders Agreement and Articles of Association amendments validly passed; conversion of preference shares into equity shares resulting in majority shareholding for investors was lawful.

7 Jan 2016

The case involves appeals against an order of the Company Law Board (CLB) in a petition filed by Respondent Nos. 1 and 2 under Sections 397 and 398 of...

High Court

High Court of Karnataka Dismisses Winding-Up Petition for Disputed Debt and Lack of Jurisdiction — Foreign Company Cannot Seek Winding-Up of Indian Company Under Sections 433(e), 434 of Companies Act, 1956. The court held that a winding-up petition is not maintainable when the debt is bona fide disputed and the petitioner is a foreign company without a registered office in India.

28 Jul 2015

The petitioner, M/s. Arasor Corporation, a company incorporated in the United States of America, filed a company petition under Sections 433(e) and (f...

High Court

Bombay High Court Dismisses Petition Challenging Search Warrant Under Section 132 of Income Tax Act, 1961 — No Violation of Natural Justice as Assessee Was Heard Before Assessment Orders Were Passed.

2 Apr 2012

The petitioner, Hemendra Ranchhoddas Merchant, an erstwhile partner of a dissolved firm and now proprietor of M/s. Sriram Warehousing Corporation, fil...

High Court

Bombay High Court Allows Writ Petition Against Eviction Notice Under Public Premises Act — Tenant's Rights Upheld. The Court held that premises owned by a nationalised company not taken over by the Central Government are not 'public premises' under Section 2(e) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, and the eviction notice was invalid.

7 Jun 2010

The petitioner, Dr. Suhas H. Pophale, filed a writ petition under Article 226 of the Constitution of India challenging the judgment and order of the P...

High Court

Bombay High Court Quashes Section 179 Order Against Former Director for Tax Dues of Company — No Evidence of Neglect or Misfeasance. Director Who Resigned Before Relevant Assessment Year Cannot Be Held Liable for Company's Tax Default Under Section 179 of Income Tax Act, 1961.

27 Apr 2010

The petitioner, Dinesh T. Tailor, was appointed as an Additional director of Yazad Investment & Finance Private Limited on 2 January 1987. He signed a...

High Court

Bombay High Court Allows Assessee in Income Tax Reference Under Section 256(1) of Income Tax Act, 1961 — Profits on Sale of Machinery Not Taxable Under Section 41(2) as Depreciation Was Claimed by Dissolved Firm, Not by Assessee.

21 Jul 2005

The case involves a reference under Section 256(1) of the Income Tax Act, 1961 by the Income Tax Appellate Tribunal, Mumbai, for the opinion of the Bo...

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