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Guest (Guest)     28 May 2009

Case Laws

 Well considered discretionary order of single judge not granting equitable remedy on finding that intention in seeking investigation not bona fide : Not interfered with in appeal : G. Haresh Chand v. Gee Gee Granites Ltd. (Mad) P. 353



 5 Replies

Guest (Guest)     28 May 2009

 Acquittal for failure to prove ingredients of offence not interfered with in appeal : Union of India v. Suman Distributor Ltd. (Raj) P. 358

Guest (Guest)     28 May 2009

 Shareholder in financial institutions and banks which had offered financial assistance to transferor company, not being shareholder of transferor company has no locus standi to object to scheme of arrangement and amalgamation : Indian Metals and Ferro Alloys Ltd., In re (Orissa) P. 362 No fees or stamp duty required to be paid on increase in share capital of transferee company pursuant to scheme of arrangement and amalgamation : Indian Metals and Ferro Alloys Ltd., In re (Orissa) P. 362

Guest (Guest)     28 May 2009

 Official liquidator not answerable for any criminal offence in relation to which proceedings commenced prior to order of winding up : Mrs. Rupinder Kaur v. SFL Industries Ltd. (in liquidation) (P & H) P. 386Criminal proceedings cannot be prosecuted against company in liquidation except with leave of court : Mrs. Rupinder Kaur v. SFL Industries Ltd. (in liquidation) (P & H) P. 386

Guest (Guest)     28 May 2009

 Reference stipulated in third proviso to section 15(1) of the 1985 Act would include even preparation of revival scheme pursuant to reference: Punjab National Bank v. AAIFR (Delhi) P. 390Jurisdiction of BIFR/AAIFR once divested by operation of third proviso to section 15(1) of 1985 Act would not be resuscitated by virtue of subsequent developments such as reduction in percentage of secured creditors : Punjab National Bank v. AAIFR (Delhi) P. 390

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     28 May 2009

Thank you.


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