Saturday, April 18, 2015

[aaykarbhavan] Business Standard , CLI Company Cases






COMPANY CASES (CC) HIGHLIGHTS

ISSUE DATED 17-4-2015

Volume 189 Part 7

ENGLISH CASES
SAT
DRAT
STATUTES
JOURNAL
NEWS-BRIEFS

SUPREME COURT JUDGMENTS


F Offence by company : Intention to cheat to be from inception : Vesa Holdings P. Ltd. v. State of Kerala p. 580

HIGH COURT JUDGMENTS


F Where debt not time-barred and creditor making out case for outstanding dues, petition for winding up admitted : Netsweeper Inc. v. ORG Informatics Ltd. (Guj) p. 530

F Petition for winding up filed within extended period of limitation, not barred by time : ORG Informatics Ltd. v. Netweeper Inc. (Guj) p. 539

F Where business and manufacturing operations continuing and company, a going concern as on date, advertisement not ordered : Citibank N. A. v. Moser Baer India Ltd. (Delhi) p. 554

F CLB to accord or refuse approval for removal of statuary auditor while dealing with petition u/s. 397/398 provided nexus exists with order passed u/s. 402 : S. P. Gupta v. Packwell Manufacturers (Delhi) P. Ltd. (Delhi) p. 586

F Application by shareholder for removal of statutory auditor without authorisation from company not act of company : S. P. Gupta v. Packwell Manufacturers (Delhi) P. Ltd. (Delhi) p. 586

F Where name of company struck off register on voluntary application under easy exit scheme, application for restoration cannot be made u/s. 560(6) of 1956 Act : Pramod Kumar Sharma v. Registrar of Companies (Guj) p. 604




COMPANY LAW BOARD ORDERS


F CLB has no jurisdiction u/s. 111A of 1956 Act to go into validity of allotment of shares : ARG Auto Components P. Ltd. v. Atlas Pet Plas Industries Ltd. p. 515

F Filing petition u/s. 397/398 to question acts of directors after being de-notified, petition not hit by delay and laches : Peena Investment and Finance P. Ltd. v. Total Engineering Services P. Ltd. p. 520

F Routing of company's substratum into another company amounts to oppression and mismanagement : Peena Investment and Finance P. Ltd. v. Total Engineering Services P. Ltd. p. 520




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Interesting a case for study.................mental consent and agreement 











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