Company Law judiciary-2

Company unable to pay debt/tax to Government Judicial discretion to direct winding up should not be exercised

Budhia Auto Associate Pvt. Ltd. Vs None (Chhattisgarh High Court)

This petition for winding up has been preferred by the company itself without referring to the relevant clause of Section 433 of the Companies Act, 1956 ('the Act' in short), however, in course of argument it was informed that the petition is under Section 433 (e) of the Act....

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Wind up Petition by employee claiming unpaid Salary is Maintainable

Mr Sanjay Sadanand Varrier Vs M/s Power Horse India Pvt.Ltd. (Bombay High Court)

An employee can maintain a Petition for winding up of a Company under section 439 r/w sections 433(e) and 434 of the Companies Act, 1956 as a creditor based on the claim of the recovery of his unpaid salary and wages. ...

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NCALT penalises for non-appointment of whole time secretary

M/s. Gopala Polyplast Ltd. & Ors. Vs Registrar of Companies, Ahemdabad, Gujarat

The Appellant being not satisfied with the compounding of fine has challenged the order dated 30th September, 2016 passed by National Company Law Tribunal, (hereinafter referred to as the Tribunal), Ahmedabad Bench, in TP No.154/621A/NCLT/AHM/2016 (New), CA No.90/621A/CLB/MB/2013 (Old)....

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Posted Under: Company Law | |

A person other than member or creditor can also challenge Company Name striking off

Rishima SA Investments LLC Vs Registrar of Companies, West Bengal & Ors. (Calcutta High Court)

Is a person, not being a member or a creditor or the company itself, entitled to challenge the striking off of the name of the company under Section 560 of the Companies Act, 1956? Does the petitioner have the locus standi to file and maintain the present writ petition?...

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SC upholds constitutional validity of NCLT

Madras Bar Association Vs Union of India & ANR. (Supreme Court of India)

MADRAS BAR ASSOCIATION Vs. UNION OF INDIA & ANR. (Supreme Court) The petitioner felt aggrieved by that part of the judgment vide which establishments of NCLT and NCLAT was held to be Constitutional....

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Postal ballot & e-voting cannot dispense general meeting – HC

Scheme of amalgamation of Wadala Commodities Limited with Godrej Industries Limited (Bombay High Court)

Bombay high court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has passed a judgment on postal ballot and e-voting. Court has observed that postal ballot and e-voting is an additional facility and cannot have the effect of dispensing the general meeting at all. ...

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New Companies Rules not binding till Publication in official gazette – HC

Scheme of amalgamation of Wadala Commodities Limited with Godrej Industries Limited (Bombay High Court)

Bombay High Court in scheme of amalgamation between Wadala Commodities Limited with Godrej Industries Limited has stated that gazetted copy of many MCA rules are not available, hence in the opinion of the court they are not binding so far or at least from 1st April 2014....

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Amendment made by Companies Act, 2013 are under Consideration – MCA TO Delhi HC

Mr. Harish Khurana Vs MCA & Another (Delhi High Court)

In an Writ Petition filed by Mr. Harish Khurana before Delhi High Court against the Various amendment made by Companies Act,2013, Ministry of Corporate Affairs has submitted before the Honorable Delhi High Court that several representations made by the petitioner and other similarly ...

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CL -HC set aside order of refusing to extend interim order of injunction granted by Division Bench without assigning reasons

Sri Krishna Constructions Vs Tiffin’s Barytes, Asbestos and Paints Ltd. (Madras High Court)

At the outset, it is clear that as it is in the judgment of the Division Bench, which arose almost under similar circumstances, wherein the learned judge has abruptly dismissed the application for injunction on the ground that the company court has no jurisdiction to pass an interlocutory order or injunction or direction, except to safegu...

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Objection of RD on a scheme not to survive if scheme gets unqualified consent of other parties

Considering all the facts and circumstances and taking into account all the contentions raised by the affidavits and reply affidavits, considering the decisions of other High Courts, Supreme Court and the Division Bench of this High Court on the issues raised by the Regional Director and the submissions during the course of hearing, I am ...

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Posted Under: Company Law |
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