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Winding up Petition can be maintained at behest of a creditor, whether secured or unsecured

Case Name : Asian Power Controls Ltd. Vs Mrs. Bubbles Goyal (Bombay High Court)
Appeal Number : Appeal (L) No.383 OF 2012
Date of Judgement/Order : 18/02/2013
Related Assessment Year :
Courts : All High Courts (14151) Bombay High Court (1904)

S. 391 Post sanction Court cannot direct parties to enforce an obligation not existed in sanctioned scheme

Case Name : Real Lifestyle Broadcasting (P.) Ltd. Vs Turner Asia Pacific Ventures Inc. (Delhi High Court)
Appeal Number : Co. Appl. No. 2076 of 2012
Date of Judgement/Order : 22/02/2013
Related Assessment Year :
Courts : All High Courts (14151) Delhi High Court (3416)

Dispute over title of shares is to be adjudicated by civil court not by Company court

Case Name : Prabodh Jamnadas Kothari Vs Vikram Jamnadas Kothari (Bombay High Court)
Appeal Number : Notice of Motion No. 775 of 2012
Date of Judgement/Order : 30/10/2012
Related Assessment Year :
Courts : All High Courts (14151) Bombay High Court (1904)

Affirmative vote can’t push the underlying resolution if Article not amended incorporating such vote

Case Name : World Phone India (P.) Ltd. Vs WPI Group Inc.,USA (Delhi High Court)
Appeal Number : CO.A (SB) No. 102 of 2012
Date of Judgement/Order : 15/03/2013
Related Assessment Year :
Courts : All High Courts (14151) Delhi High Court (3416)
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Scheme of amalgamation approved as ex-auditor failed to substantiate his objections

Case Name : Re. S. Muralidhar, J. (Delhi High Court)
Appeal Number : Co. Petition Nos. 275 & 276 Of 2011
Date of Judgement/Order : 20/02/2013
Related Assessment Year :
Courts : All High Courts (14151) Delhi High Court (3416)
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Winding up petition to be dismissed if Company disputes / denies liability of petitioner

Case Name : CBZ Chemicals Ltd. Vs Kee Pharma Ltd. (Delhi High Court)
Appeal Number : Co. Petition No. 66 OF 2013
Date of Judgement/Order : 11/02/2013
Related Assessment Year :
Courts : All High Courts (14151) Delhi High Court (3416)
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Property of a company cannot be sold under SFC Act if winding up petition against such company is pending

Case Name : New Cawnpore Flour Mills Ltd. Vs Bakemans Industries (P.) Ltd. (Delhi High Court)
Appeal Number : Co. Petition No. 204 of 2003
Date of Judgement/Order : 08/01/2013
Related Assessment Year :
Courts : All High Courts (14151) Delhi High Court (3416)
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Member having shareholding less then stipulated in sec.188 cannot seek resolutions to be included for circulation

Case Name : In re Reliance Industries Ltd., (COMPANY LAW BOARD, MUMBAI BENCH)
Appeal Number : CP NO. 83 of 2012
Date of Judgement/Order : 04/06/2012
Related Assessment Year :
Courts : Company Law Board (31)
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Winding up petition not admissible if petitioner fails to establish authenticity of its complaint

Case Name : Tricon Polymers (P.)Ltd. Vs IDEB Projects (P.) Ltd. (Karnataka High Court)
Appeal Number : Co. Petition No. 28 of 2011
Date of Judgement/Order : 04/03/2013
Related Assessment Year :
Courts : All High Courts (14151) Karnataka High Court (655)
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Winding up petition can be admitted In case of fraudulent sale of company assets by promoters & negligible chances of continuance of business in future

Case Name : In re Dunlop India Ltd., (HIGH COURT OF CALCUTTA)
Appeal Number : CA Nos. 198, 609 & 765 of 2012
Date of Judgement/Order : 31/01/2013
Related Assessment Year :
Courts : All High Courts (14151) Calcutta High Court (858)
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