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COMPANY CASES (CC) HIGHLIGHTS

ISSUE DATED 24-5-2013

Volume 178 Part 3

SUPREME COURT
ENGLISH CASES
SAT
DRAT
NEWS-BRIEFS





HIGH COURT JUDGMENTS



F Merely because company desires to be registered with name that is identical with or too nearly resembles name by which company in existence has been previously registered, not to make it undesirable : VOV Cosmetics P. Ltd. v. Union of India (Bom) P. 163

F Section 9 applicable to private company and agreement cannot be enforced just because it is not repugnant to Act : World Phone India P. Ltd. v. WPI Group Inc., USA (Delhi) P. 173

F Declaration that board meeting as null and void as director's request for adjournment not considered, proper : World Phone India P. Ltd. v. WPI Group Inc., USA (Delhi) P. 173

F Where cut off date of rehabilitation scheme consented to by ESIC extended by BIFR, refusal by ESIC to waive damages on belated payment till extended cut-off date, improper : United Bleachers Ltd. v. Deputy Director (ME Cell), Employees' State Insurance Corporation (Mad) P. 185


COMPANY LAW BOARD ORDERS



F Appointment and removal of directors by manipulation of records and holding meetings without quorum amounts to continuous acts of oppression : Naresh Mohan Mittal v. Sangeeta Construction P. Ltd. P. 188

F Where articles of association not providing for proportional representation for members, Company Law Board not to direct its alteration to provide for proportional representation : Dr. Francis Cleetus v. Rashtra Deepika Ltd. P. 206

F Shareholder-director party to decisions to increase authorised capital on earlier occasions, increase in authorised not to be set aside : Dr. Francis Cleetus v. Rashtra Deepika Ltd. P. 206

F No illegality in conduct of board and annual general meetings, resolution for appointment of managing director approved in such meetings not interfered with : Dr. Francis Cleetus v. Rashtra Deepika Ltd. P. 206

F Directorial complaint not to be espoused in proceedings under sections 397 and 398 in respect of companies which are not family or quasi-partnership companies : Dr. Francis Cleetus v. Rashtra Deepika Ltd. P. 206

STATUTES AND NOTIFICATIONS



Regulations :

F Securities and Exchange Board India (Stock Brokers and Sub-Brokers) (Amendment) Regulations, 2013 p. 91

JOURNAL



F Jurisdiction of courts relating to suits against infringement/passing off trade marks and copyrights--Dr. K. S. Ravichandran p. 17

F Landmark Cases in Corporate Law (Volume 177)-Dr. K. R. Chandratre p. 27


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