cpc

Corporate Law Judgements

Displaying 1 - 10 of 226 in 23 pages

Security not to be demanded by govt, but decretal amount can be required to be deposited in the appeal against a money decree

 14 September 2020

Court has the power to direct for full or part deposit and/or to furnish security of the decretal amount.

Posted in Corporate Law |    0 comments |   72 hits


Authorization to present suits can only be given after a decision to institute a suit is taken by the board of directors of the company

 14 September 2020

The cover-notes remained in the office of the defendant and are not proved to have been given to the plaintiff, the contract between the parties cannot be held to be concluded.

Posted in Corporate Law |    0 comments |   80 hits


XXXIII Order Rule 11 of Code of Civil procedure - Case Law

 14 September 2020

The Court held the Plaintiff to pay the Court fee by invoking Rule 10 & 11 from Order 33 of C.P.C. The court didn’t direct the defendant to pay the Court fee.

Posted in Corporate Law |    0 comments |   53 hits


Analysis of judgement delivered on virtual currency

 11 May 2020

The bench consisted of Hon. Justice Rohinton Fali Nariman, Aniruddha Bose and V. Ramasubramanian has observed that the consistent stand of RBI is that they have not banned VCs and when the Government of India is unable to take a call despite several

Posted in Corporate Law |    0 comments |   214 hits


Arbitration tribunal granting right to a non-participating party to match the lowest bidder in the tender process is violation of Public Policy - SC

 06 August 2018

In a recent Judgment of Supreme Court of India, dated 13th July 2018 in a case between National High Ways Authority of India Vs Gwalior Jhansi Express Way Limited (2018 Online SC 688), the court set aside an Arbitrators order on the ground of “Fundam

Posted in Corporate Law |    0 comments |   1207 hits


SC: When company/accused is let off, complainant cannot continue against the MD

 12 July 2014

The Supreme Court bench comprising of Justices Sudhansu Jyoti Mukhopadhaya and V. Gopala Gowda in an appeal against the judgment passed by the High Court of complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 r

Posted in Corporate Law |    0 comments |   4476 hits


SEBI vs Sahara: Fali S. Nariman appointed as Amicus Curiae

 23 June 2014

The Supreme Court bench comprising of Justices T.S. Thakur and A.K. Sikri dismissed the prayer for shifting the contemnors to a guest house for continued custody and detention till they comply with the directions of this Court for their release on

Posted in Corporate Law |    0 comments |   1662 hits


SC: Directions for speedy and expeditious disposal of Sec. 138 NI cases

 02 May 2014

The bench comprising of Justice K.S Radhakrishnan and Justice Vikramajit Singh in a Writ Petition filed by Indian Bank Association and others, issued directions to be followed by all the Criminal Courts in the country dealing with cases under Section

Posted in Corporate Law 1 comments |   6837 hits


SC: Dishonour of post-dated cheques is not an offence under NI Act

 15 April 2014

The bench comprising of Justice R.M. Lodha and Justice Shiva Kirti Singh held that the post-dated cheques issued by the appellants(purchasers) as an advance payment in respect of purchase orders cannot be considered in discharge of legally enforceabl

Posted in Corporate Law 11 comments |   6481 hits


Whether Company Judge has jurisdiction at the instance of the Official Liquidator to set aside the auction or sale held under the RDBFI Act, 1993

 27 May 2013

The spinal issue that has spiralled to this Court is whether the Company Judge under the Companies Act, 1956 (for short “the 1956 Act”) has jurisdiction at the instance of the Official Liquidator to set aside the auction or sale held by the Recovery

Posted in Corporate Law |    0 comments |   1510 hits










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