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Search Results for "preference shares"

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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 ...

Supreme Court

Supreme Court Holds Contemnors Guilty for Breach of Undertakings in Enforcement of Foreign Arbitral Award. Repeated assurances to court regarding protection of assets were violated by transferring shares, constituting civil contempt under Article 129 of the Constitution.

15 Nov 2019

The case arises from a dispute between Daiichi Sankyo Company Limited (the petitioner) and the respondents in Special Leave Petition (Civil) No.20417 ...

High Court

Bombay High Court Dismisses Appeal Seeking Confirmation of Share Transfer in Wound-Up Company Due to Inordinate Delay and Lack of Evidence. Section 536(2) of Companies Act, 1956 requires timely application and proof of bona fide transfer before winding up order.

22 Feb 2012

The appellant, Rathnam P.V., filed an appeal against the order of the Company Judge dismissing his application under Section 536(2) of the Companies A...

High Court

Bombay High Court Allows Revenue's Appeal on Indexation Benefit for Redemption of Non-Cumulative Preference Shares. Redemption of preference shares is a 'transfer' under Section 2(47) of the Income Tax Act, 1961, and indexation benefit under Section 48 is not available as preference shares are in the nature of debt.

27 Apr 2012

The appeal by the Revenue under Section 260A of the Income Tax Act, 1961, arose from a decision of the Income Tax Appellate Tribunal dated 19 December...

High Court

Bombay High Court Upholds Tribunal's Decision on Deduction of Cumulative Preference Dividends in Section 104 Case. Only Previous Year's Dividend Deductible in Computing Undistributed Income Liable to Additional Income-tax.

30 Sep 2005

The case involves a reference under Section 256(1) of the Income-Tax Act, 1961, at the instance of the Revenue, arising from an order of the Income-ta...

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 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...

Supreme Court

Supreme Court Upholds NCLT Order Dismissing Insolvency Petition and Directs Arbitration in Share Conversion Dispute - Dispute over conversion formula for preference shares under share subscription agreements held arbitrable, with no default established under Section 7 of Insolvency and Bankruptcy Code, 2016, due to ongoing negotiations and arbitration clause enforcement.

26 Mar 2021

The dispute originated from share subscription and shareholders' agreements dated 2007-2008 and supplemental agreements dated 2013-2017, where Kotak I...

Supreme Court

Supreme Court Upholds NCLAT Order in Insolvency Resolution Plan Approval Under Insolvency and Bankruptcy Code, 2016. Resolution Plan Found Compliant with Section 30(2) and Binding on All Stakeholders Despite Pending Creditor Claim Challenges.

10 Aug 2021

The appeal arose under Section 62 of the Insolvency and Bankruptcy Code, 2016, against a judgment dated 4 January 2021 of the National Company Law App...

High Court

Bombay High Court Validates Pledge and Transfer of Shares by Company in Liquidation Under Section 536(2) of Companies Act, 1956 — Transaction Held to Be for Benefit of Company and Creditors. Post-petition pledge of shares as security for raw material supply and subsequent transfer validated as bona fide and in ordinary course of business.

22 Jul 2015

The judgment concerns an application filed by Garware Marine Industries Limited (the Applicant) seeking validation under Section 536(2) of the Compani...

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