Search Results for "Official Memorandum"

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Search Results for "Official Memorandum"

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Supreme Court

Supreme Court Adjudicates Appeals by Sahara Companies on SEBI's Regulatory Powers Over OFCDs. Case centers on Section 55A(b) Companies Act and compliance with DIP Guidelines for issuance of optionally fully convertible debentures.

1 Aug 2026

The case involved two Sahara Group companies, Sahara India Real Estate Corporation Limited (SIRECL) and Sahara Housing Investment Corporation Limited ...

High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Attachment Under Section 60 CPC as It Was Not in Possession of Insolvent at Time of Adjudication. The Court held that upon adjudication, all property of the insolvent vests in the Official Assignee under Section 28(2) of the Presidency Towns Insolvency Act, 1909, and attachment before judgment does not prevent such vesting.

27 Feb 2026

The case arises from insolvency proceedings against Arjunlal Sunderdas (the insolvent). The Official Assignee, representing the estate of the insolven...

High Court

Madras High Court Allows Official Assignee to Sell Insolvent's Property in Insolvency Proceedings — Property Not Subject to Prior Agreement of Sale as No Valid Contract Existed. The court held that the Official Assignee has the power to sell the insolvent's property free from an alleged agreement of sale that was not valid or enforceable under the Presidency Town Insolvency Act, 1909.

27 Feb 2026

The case involves an appeal filed by the Official Assignee of the High Court of Madras, representing the estate of Arjunlal Sunderdas (the insolvent),...

Supreme Court

Supreme Court Allows Appeal in Part and Refers Question of Law to Larger Bench in MSMED Act Dispute. Registration Under Section 8 of MSMED Act, 2006 Not a Precondition for Reference Under Section 18, but Issue Requires Authoritative Determination by Three-Judge Bench.

1 Jan 2025

The Supreme Court of India heard an appeal by NBCC (India) Ltd. against the State of West Bengal and others, concerning a dispute with M/s Saket Infra...

High Court

Bombay High Court Considers Challenge to Office Memorandum Allowing Post Facto CRZ Clearance for Permissible Activities. Environmental Organization Contended That the 2021 Circular Contravenes Mandatory Prior Clearance Requirement Under the Environment (Protection) Act, 1986.

24 Sep 2024

The present Public Interest Litigation invoked the jurisdiction of the Bombay High Court under Article 226 of the Constitution of India challenging th...

High Court

Bombay High Court Allows Transfer of MIDC Plot to Auction Purchaser in Winding Up Proceedings — Official Liquidator's Sale Confirmed Despite MIDC's Objection. Court holds that MIDC cannot refuse transfer of property sold by Official Liquidator in company winding up, as the sale is conducted under court supervision and the purchaser steps into the shoes of the company.

21 Aug 2020

The applicant, M/s. Metal Tubes and Rolling Mills, filed a Company Application seeking directions against the Regional Officer, MIDC (Respondent No.2)...

High Court

Bombay High Court Allows Possession Claim by Lessee in Company Liquidation — Official Liquidator Directed to Hand Over Property Subject to Lease. Leasehold Rights Survive Winding Up and Official Liquidator Must Respect Lessee's Right to Possession Under Section 456 of Companies Act, 1956.

23 Jun 2017

The Provident Investment Company Ltd., a Government of Madhya Pradesh undertaking, filed an application seeking possession of leasehold land admeasuri...

High Court

Bombay High Court Upholds Termination of Company Paid Peon for Dereliction of Duty in Handing Over Leased Assets. Official Liquidator's recommendation for removal from service sanctioned due to grave misconduct in failing to ensure proper handover of leased equipment.

4 Jan 2016

The Official Liquidator filed a report seeking sanction to terminate the services of Shri S.M. Shetty, a company paid Group 'D' Peon, for misconduct i...

High Court

Bombay High Court Declares Assignment of Assets by Ex-Director Void Under Sections 536(2) and 537(1)(b) of Companies Act, 1956 — Post-Winding Up Sale Without Court Leave Invalid. The court held that any disposition of company property after winding up without court approval is void, and subrogation does not permit sale of assets without leave of the court.

21 Oct 2015

The judgment concerns two reports filed by the Official Liquidator seeking a declaration that a Deed of Assignment dated 14.03.2012 executed by Mr. Sh...

High Court

Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

30 Jul 2013

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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