company law board

Prosecution initiated by Govt on errant companies which violated the Companies Act, 1956 during last three years

Violation of Companies Act - The Minister of State in the Ministry of Corporate Affairs Shri R.P.N. Singh today informed the Lok Sabha that the number of prosecutions filed for the violations of the provisions of the Companies Act, 1956 and disposed of during last three years are as under:-
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‘EGM to appoint new addl director on TFCI board invalid’

The Company Law Board (CLB) today declared the extraordinary general meeting (EGM) convened by IFCI for the appointment of an additional director on the board of Tourism Finance Corporation of India (TFCI) invalid. The CLB bench of Justice D R Deshmukh, while declaring the EGM null and void, said, "The meeting was convened in the violation of its earlier order."
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CLB’s power to set-aside Agreements/Contracts under section 397/398?

There can be disputes between majority group and minority shareholders in any Company and these disputes come very frequently in closely held companies or Private Limited Companies. The Companies Act, 1956 provides certain rights to the shareholders
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CBI to approach CLB on links between Reliance, Swam in 2G scam

With the Reliance funding into Swan telecom under scanner, the CBI will soon approach the Company Law Board to look into the association between Reliance Group and the controversial Telecom Company in the 2G spectrum scam. The Swan Telecom is alleged
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CLB’s power and responsibility under section 402 of Companies Act, 1956?

In any litigation, the Court or the authority adjudicating the matter can pass interim orders and the matter will get finally disposed of. Once the matter is dispose of finally, there ends the litigation and the final order can be executed. If there is a provision for review having limited scope, the court can review its order. This is the procedure in any case; be it a suit for recovery of money, be it a petition seeking divorce, be it a petition for compensation under ..
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Books of Account – Companies Act, 1956 – allegations of mismanagement and connected issues?

Despite the clear regulations in the Companies Act, 1956 as to how every Company should record its transactions, maintain books of account and should submit the approved Financial Statements with the ROC, financial transactions in some closely held companies would be really interesting to note and dealing with the cases of this kind would really be very complicated. The logic behind the settled accounting principles, the provisions of Companies Act, 1956 dealing with mai..
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Construing ‘consent’ under section 399 of Companies Act, 1956?

399. (1) The following members of a Company shall have the right to apply under section 397 or 398:- a) in the case of a company having a share capital, not less than one hundred members of the company or not less than one-tenth of the total number of its members, whichever is less, or any member or members holding not less than one-tenth of the issued share capital of the company, provided that the applicant or applicants have paid all calls and other sums due on their ..
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Cause of Action and Limitation to file a Petition under section 397/398 of Companies Act, 1956?

No lis lies when there is no live claim or the cause of action and it is settled legal principle. The requirement of having a live claim for seeking relief is also been highlighted by the Hon’ble Apex Court while dealing with the scope of powers of Chief Justice under section 11 of Arbitration and Conciliation Act, 1996.
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