Corporate Law Judgements

Displaying 20 - 30 of 223 in 23 pages

Sec 25 Company is governed by its MOA and AOA and I case of any alteration it should take approval from authority before such alteration

 23 May 2012

The disputes in the present case centre around the election to Sports Working Committee of the Delhi District and Cricket Association (DDCA). Sports Working Committee is a smaller body within the DDCA‟s Executive Committee.

Posted in Corporate Law |    0 comments |   1792 hits

In the absence of proper ground delay cannot be condone with the AAIFR

 15 May 2012

It is the say of the petitioner that they applied for a certified copy of the order on the same date, which was received on 12.11.2010 but filed the appeal on 31.1.2011. Thus, it is not in dispute that the appeal is barred by time and is even beyond

Posted in Corporate Law |    0 comments |   1702 hits

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 |   1723 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 |   789 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 |   834 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

Posted in Corporate Law |    0 comments |   972 hits

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 |   747 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 |   921 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 |   900 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

Posted in Corporate Law |    0 comments |   1116 hits


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