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Search Results for "Sections 397 398"

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High Court

High Court of Karnataka Allows Revenue's Appeal in Income Tax Reopening Case — CBDT's Rejection of Assessee's Objection Upheld. The Court held that the Assessing Officer's satisfaction based on tangible material is sufficient for reopening under Section 148 of the Income Tax Act, 1961, and the Single Judge erred in quashing the reopening notice.

2 Jul 2021

The present writ appeal arises out of an order dated 6.1.2020 passed by the learned Single Judge in W.P.No.18419/2018 (Vasudev Adigas Fast Foods Pvt.L...

High Court

High Court of Bombay at Nagpur Upholds Company Law Board's Order for Sealed Bids to Resolve Shareholding Dispute in Family Company. The Court held that the Board's direction for sealed bids was a valid interim measure to resolve deadlock between warring shareholder groups under Section 402 of the Companies Act, 1956.

23 Sep 2015

The case involves a family dispute over the management and shareholding of Vidarbha Bottlers Private Limited, a company registered under the Companies...

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 ...

High Court

High Court of Karnataka Sets Aside CLB Interim Order in Company Appeal — Interim Reliefs Granted Without Proper Application of Mind. The Court held that the Company Law Board must record reasons and consider the balance of convenience before granting interim reliefs under Sections 397 and 398 of the Companies Act, 1956.

20 Aug 2015

The appeal was filed by the company (M/s Malind Properties Pvt Ltd) and its shareholders (appellants 2 to 4) against an interim order dated 22.12.2014...

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

KAHC010000532013_1

16 Mar 2021

...

High Court

High Court of Bombay at Goa Dismisses Appeal Against CLB Consent Order in Company Oppression Case — Parties Bound by Consensus. Consent order for share buyout under Sections 397-398 of Companies Act, 1956 cannot be challenged by consenting party.

22 Dec 2016

The case involves an appeal filed by Shalby Limited and others against an order dated 25.04.2016 passed by the Company Law Board (CLB), New Delhi Benc...

High Court

KAHC010422252008_1

17 Dec 2014

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High Court

High Court of Karnataka Dismisses Revision Petition by Bank Officials Against Order Taking Cognizance in Cheque Dishonour Case — Complaint Not Barred by Limitation Under Section 138 of Negotiable Instruments Act, 1881. The court held that the limitation period under Section 142(b) of the N.I. Act is one month from the date of receipt of notice, and the complaint filed within that period is valid.

13 Dec 2019

The petitioners, who are officials of the State Bank of India (formerly State Bank of Mysore), filed a Criminal Revision Petition under Section 397 re...

High Court

High Court of Judicature at Bombay Reviews Writ Petition by Tenant Challenging Eviction Decree Under Bombay Rent Act; Dispute Involves Alleged Encroachment, Nuisance, and Non-User in Koregaon Park Property. Petition Challenges Concurrent Findings of Small Causes Court and District Court Directing Handover of Vacant Possession of Bungalow 'Gardenia' on Grounds Under Sections 13(1)(a), 13(1)(b), 13(1)(c), 13(1)(k) of Bombay Rent Act, 1947.

4 Apr 2024

This writ petition arose from a landlord-tenant dispute concerning a bungalow known as 'Gardenia' at House No. 108, Koregaon Park, Pune. The petitione...

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