Corporate Law Judgements

Displaying 20 - 30 of 221 in 23 pages

Provision of sec 205A and 205C related to unpaid dividend cannot be consider as arbitrary and violative to Article 14

 30 April 2012

The Companies (Amendment) Ordinance, 1998 (No.19 of 1998) sub-section (5) of Section 205A of the Companies Act (hereinafter referred to as the „Act‟), 1956 was amended as regards transfer of unpaid dividend account of a company to the fund establishe

Posted in Corporate Law |    0 comments |   1529 hits

Equipment belongs to vendor imported in to India cannot be transferred to other on winding up of the company

 17 April 2012

These two companies entered into a joint venture agreement on 14th July, 2003 for setting up a project in the State of Mizoram. After sometime, the company pulled out of it. They entered into a different relationship. The petitioning creditor agreed,

Posted in Corporate Law |    0 comments |   603 hits

Segmental accounts of the assessee is required in determination of assesses profit to total cost from international transaction

 11 April 2012

After considering the rival submissions and perusing the relevant material on record, it is observed that similar disallowance was made by the AO in the immediately preceding assessment year i.e. 2005-06. The Tribunal, vide its order dated 31-01-2012

Posted in Corporate Law |    0 comments |   694 hits

Activities against the provision of the Article is to be treated as oppression and mismanagement and falls under sec 397/398 of the Companies Act.

 10 April 2012

This company was incorporated in 1948 with registered office at Calcutta. The authorized capital of the company was Rs. 10 lacs consisting of 4000 6% tax free redeemable cumulative preference shares of Rs. 100/-each and 6000 ordinary shares of Rs. 1

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Once a company shows in its accounts any money under the head paid up capital than it will be presumed that share has been allotted

 09 April 2012

These two applications were heard on 1.3.2001. The learned Sr.Counsel for the petitioners, Shri Mitra, submitted as follows: At the time when the petition was heard, there was no document available with the petitioners to support their claim that t

Posted in Corporate Law |    0 comments |   573 hits

As per Regulation 73 company is required to file report on repayment to investor with SEBI

 06 April 2012

The facts of the instant case, in brief, are that the petitioner incorporated a company in the year 1995 under the name and style of Maha Bhairav Plantation Pvt. Ltd. having its registered office at 308, Vinay Place, 11, Ashoka Marg, Lucknow-226001.

Posted in Corporate Law |    0 comments |   775 hits

Failure to comply with statutory rule can raise liability till the requirement fulfilled and it cannot consider as continuing offence committed on a daily basis

 15 March 2012

The brief facts are that the Respondent/ Complainant i.e. Registrar of Companies (ROC) received a complaint regarding the affairs of M/s. Tianjin Tianshi India Pvt. Ltd. (the Company) being irregular and illegal. A letter dated 24.02.2004 was issued

Posted in Corporate Law |    0 comments |   750 hits

If the working condition and responsibilities and nature of duties are same than all staff should be equally paid

 23 January 2012

Though some merit is found in the contention of the petitioner employer that the award does not render any finding of parity in educational qualification, method of recruitment, duties and responsibilities of the Assistants/Stenographers/Hindi Transl

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An HUF can not enter into partnership but the manager or Kurta acting on behalf of HUF can enter into a valid partnership

 16 January 2012

The respondent filed the suit for recovery of `5,89,434/- towards agent commission against the appellants claiming himself to be an agency of defendant No.3 (in the suit) an Italian Company, in India. Appellants floated a global tender for purchase o

Posted in Corporate Law |    0 comments |   1357 hits

As per the Supreme Court order NPA of a Company defaulting in repayment of loan can be assigned for the debt

 15 December 2011

A. The grievance relatable to IFCI Ltd. (appointed as the operating agency by BIFR vide order dated 08.08.2005 with a mandate to prepare a scheme for revival of the „Company‟) that it being one of the five secured creditors of the „Company‟, IFCI Ltd

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