Case Laws

Non – Ratification/ Removal Of The Auditor Without Prior Notice

National Company Law Tribunal (NCTL), Hyderabad Bench, ADMITTED THE PRESENT PETITION with certain declaration/directions pursuant to Section 140 of the Companies Act, 2013 (“the Act”) read with Rule 78 of the National Company Law Tribunal Rules, 2016. (Re: [2017] 138 CLA 188 (NCLT) in CP No. 21/140/HDB/2016 19 of 2013). Parties to the Case:SPC & …

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M/S. Supreme Infrastructure India Ltd & Ors

I. Parties and Subject matter of the case: MRS. MRS. SEEMA GUPTA                                                                 –                       APPLICANT M/s. SUPREME INFRASTRUCTURE INDIA LTD & ORS.                       –           CORPORATE DEBTOR In the matter under Section 9 of Insolvency and Bankruptcy Code, 2016 and Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority), Rules 2016 II. Facts of …

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E-commerce Websites not bound to keep a check on products for IP infringement before advertising on their website

A. Case Law I –  E-commerce websites are not bound to keep a check on products for IP infringement before advertising on their website I. Parties: Plaintiff: Kent RO System (Water purifier manufacturer) Vs. Defendant: Mr. Amit Kotak of E-Commerce platform- E-bay Citation: CS (COMM) 1655/2016 & IA No. 15914/2016 Court: Delhi High Court II. …

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Axis Bank Vs. SBS Organics Private Ltd & Anr

AXIS BANK V SBS ORGANICS PVT. LTD & ANR Subject matter: Whether the amount deposited by the appellant with Debt Recovery Appellate Tribunal can be refunded upon the withdrawal of appeal under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Brief facts: An appeal under Section 18 of The Securitisation …

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Reserve Bank of India Petitioner(s) Vs. Jayantilal N. Mistry Respondent(s)

Reserve Bank of India Petitioner(s). VS Jayantilal N. Mistry Respondent(s). Citation Civil Petition No.707 of 2002 Court Supreme Court of India I. Key Note of the Case: Whether the Reserve Bank of India has rightly refused to disclose information on the ground of its fiduciary relationship with bank. II. Facts of the Case: The respondent sought …

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ONLINE GROUP ADMIN NOT LIABLE FOR MEMBER’S STATEMENTS

Parties: Plaintiff: Ashish Bhalla Vs. Respondent: Suresh Chawdhary & Ors. Citation: CS (OS) No.188/2016 Court: High Court of Delhi at New Delhi Bench: Rajiv Sahai Endlaw I. Facts of the case: The petitioner had sought damages against the administrator of a Telegram and Google group on which the allegedly defamatory statements were made. The plaintiff in …

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Open Offer under Takeover Code once made, cannot be withdrawn without any proper justification

Open Offer under Takeover Code once made, cannot be withdrawn without any proper justification Parties Pramod Jain and Others (Appellant(s)) Vs. Securities Exchange Board of India. (Respondent(s)) Citation Civil Appeal No. 9103 of 2014 Court Supreme Court of India FACTS: Mr. Pramod Jain and Pranidhi Holdings Private Limited (‘Acquirers’) along with J.P. Financial Services Private …

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Shri Vimal Kishor Shah & Ors. Vs. Mr. Jayesh Dinesh Shah & Ors.

Parties: Appellant:       Shri Vimal Kishor Shah & Ors. Vs. Respondent:    Mr. Jayesh Dinesh Shah & Ors. Citation: CIVIL APPEAL NO.8164 OF 2016. (ARISING OUT OF SLP(C) No. 13369 of 2013) Court: Supreme Court of India Bench: Abhay Manohar Sapre, J. I. Facts: One Shri Dwarkadas Laxmichand Modi executed a family Trust Deed on 06.04.1983 forming …

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DIRECTOR’S RIGHT OF DIGITAL PRESENCE IN BOARD MEETINGS:

Order pronounced on 22nd June, 2016 by New Delhi Bench of National Company Law Tribunal (NCLT) In the matter of Mr. Rupak Gupta & Another….. (Applicant)  Vs.  U.P. Hotels Limited ………….(Respondent Company) & Others…………………………..(Respondent Director) Facts of the Case: Applicant and his mother were Directors of the Respondent Company. On 28th May, 2016, applicant received …

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