Search Results for "directors remuneration"

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Search Results for "directors remuneration"

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Supreme Court

Supreme Court Allows ESI Corporation's Appeal in Directors' Remuneration Case — Directors Receiving Remuneration Held to Be 'Employees' Under ESI Act. The Court ruled that Directors of a company who receive remuneration for services rendered fall within the definition of 'employee' under Section 2(9) of the Employees' State Insurance Act, 1948, and contributions are payable on such remuneration.

5 Feb 2019

The case involves an appeal by the Employees' State Insurance Corporation (ESIC) against a judgment of the Madhya Pradesh High Court, which had upheld...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Nomination for Workmen Director in Nationalised Bank. The court held that the Central Government's approval is mandatory for appointment of Workmen Director under Section 9(3)(c) of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, and the Bank cannot unilaterally accept nominations.

8 Apr 2011

The petitioners, Federation of Bank of India Staff Unions and its Deputy General Secretary, filed a writ petition under Article 226 of the Constitutio...

High Court

Bombay High Court Quashes Reopening Notices Under Section 148 of Income Tax Act for Assessment Years 2005-06 to 2008-09 Due to Lack of Failure to Disclose Material Facts and Change of Opinion. Remuneration Paid to Directors Was Fully Disclosed and Examined During Original Assessment, So Reopening Invalid.

20 Feb 2013

The petitioner, M/s. OHM Stock Brokers Pvt. Ltd., a share and stock broker, challenged notices under Section 148 of the Income Tax Act, 1961 for reope...

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

Supreme Court Upholds Financial Creditor in Insolvency Petition Based on Balance Sheet Acknowledgement Under Limitation Act. The Court held that entries in signed balance sheets constitute acknowledgement of debt under Section 18 of the Limitation Act, 1963, extending the limitation period for applications under Section 7 of the Insolvency and Bankruptcy Code, 2016, and that defects in the application regarding the date of default are curable.

15 Apr 2021

The dispute arose from an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Asset Reconstruction Company (India) ...

High Court

Bombay High Court Upholds Market Value Determination for Share Valuation in Oppression Case — Director's Rights Cease Upon Valuation. The court held that the market value determined by the Company Law Board for shares held by a minority shareholder was just and proper, and that the shareholder ceases to be a director upon valuation, not upon payment.

16 Jun 2005

The case involves two appeals filed against an order of the Company Law Board (CLB) dated 5.5.2003 in Company Petition No. 12 of 1998. The appellant, ...

Supreme Court

Supreme Court Allows Suspended Director Access to Resolution Plans in Insolvency Case — Right to Effective Participation Under IBC. Suspended Board Members Entitled to Receive Resolution Plans and Relevant Documents for Effective Participation in CoC Meetings Under Section 24(3) of IBC and Regulation 21 of CIRP Regulations.

31 Jan 2019

The appeal arose from an Appellate Tribunal's order denying the appellant, a suspended director of Ruchi Soya Industries Ltd. (corporate debtor), acce...

High Court

Bombay High Court Allows Winding Up Petition Against Company for Failure to Repay Convertible Bonds — Debt Admitted and Company Unable to Pay Under Section 433(e) of Companies Act, 1956. The court held that where a debt is admitted and the company is commercially insolvent, a winding up order is justified.

30 Jul 2013

The Bank of New York Mellon, London Branch, as trustee for bondholders, filed a winding up petition under Section 433(e) of the Companies Act, 1956 ag...

High Court

Bombay High Court Quashes Disqualification of Zilla Parishad Councilor for Office of Profit — Secretary of Watershed Committee Not an Office of Profit Under Section 16(1)(h) of Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961. The court held that the position of Secretary of a Watershed Management Committee with an honorarium of Rs.3,000 per month does not constitute an office of profit under the Act.

31 Jul 2019

The petitioner, Bhagwat Digambarrao Uphad, was elected as a Councilor of the Zilla Parishad. Respondent No.6, Vikram Hanumantrao Uphad, filed an appli...

High Court

Bombay High Court Upholds Disallowance of Commission Paid to Directors Under Section 40(c)(iii) of Income Tax Act. Commission paid to directors, even if reasonable and lumpsum, constitutes remuneration subject to disallowance under Section 40(c)(iii).

9 Apr 2015

The case involves an income tax reference under Section 256(1) of the Income Tax Act, 1961, by M/s. Nagpur Engineering Co. Pvt. Ltd. (the assessee) ag...

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