Applicant company’s request to convene an EGM was rejected by the respondent company on the ground that company secretary was not authorized to sign. The grounds were later quashed and the EGM held was legal and valid – Sections 169, 398, 402 of the Companies Act, 1956. DECIDED ON 16/05/2011 Brief facts: The appellant company …
IFCI LTD V. TFCI LTD [DEL] CO.A (SB) 13/2011 & CO. Read More »
Increase in the shareholding of the promoters as a result of the buyback of shares by the Company in which the promoters did not participate, will not constitute acquisition of shares by the promoters within the meaning of takeover regulations. Decided on 21st November, 2011 Facts : The Appellants herein were the promoters/members of promoter …
A Listed Company whose trading was suspended till 2009 made Preferential allotment in 2009 and allotted shares for which BSE did not accord approval for listing on the ground of faulty allotment which was held incorrect – Regulations 10, 12 of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 read with Regulations 76(2), …
KALPENA PLASTIKS LIMITED v. BOMBAY STOCK EXCHANGE LTD Read More »
The trial court set aside the order issued by ROC for striking of the Company under Section 560(6) of the Companies Act, 1956 on the ground that an eviction suit was pending against the company and the striking of the company would abate the suit. The order of the trial court was not tenable. Decided …
R.G. SALES PVT. LTD & ANR v.GIRDHARILAL PARASRAMPURIA & ANR Read More »
SOUTH AFRICAN BREWERIES INTERNATIONAL (FINANCE) BV & ANR v.MOHAN GOLDWATER BREWERIES LTD. & ANR [DEL] C.S(OS).No. 1073/2002- Section 142 of Trademark Act, 1999 Decided on : 31/10/2011 Here the plaintiffs “South African Breweries International (Finance) BV claimed registration of the trademark CASTLE and CASTLE label in respect of beer in a large number of countries. …
SURAJ LAMP & INDUSTRIES PVT LTD v. STATE OF HARYANA & ANR [SC] Special Leave Petition (C) No.13917 of 2009- Section 54 & 55 of Transfer of Property Act,1882 Decided on : 11/10/2011 Here the Supreme court has reiterated that any contract of sale (agreement to sell) which is not a registered deed of conveyance …
M/S. Dabur India Limited (Petitioner) vs. Vishwa Properties Private Limited (Respondent)., Decision by Delhi High Court, on 21st February, 2011 A scheme of Amalgamation was made between Balsara Hygiene Products Limited, Besta Cosmetic Limited, Balsara Home Products Limited (hereinafter collectively referred to as the transferor companies) and Dabur India Limited (hereinafter referred to as the …
Conditions for buy-back under Section 77A cannot be applied to a scheme under Sections 100-104 of the Companies Act, 1956 as they operate in independent fields and it is not within the purview of the Court to change the economic policy of restricting the Sectoral caps. M/S. RECKITT BENCKISER (INDIA) LTD Vs. C.A., Decision by …
BHILWARA DUGDH UTPADAK SAHAKARI S. LTD V VINOD KUMAR SHARMA (DEAD BY LRS) & ORS(SC) Civil Appeal No. 2585 of 2006 Markandey Katju & Chandramauli Kr. Prasad, J.J. Decided on 01/09/2011 This Appeal reveals the unfortunate state of affairs prevailing in the field of labour relations in our country. In order to avoid their liability under …
GUPTA REFRACTORIES V CONSOLIDATED STEELS & ALLOYS LTD (DEL) Co APP. 21/2009 Vikramajit Sen & Siddharth Mridul, JJ. The Learned Single judge while dealing with the aspect whether the plant and machinery in the factory premises of the Company in liquidation was movable or immovable property, came to the conclusion that heavy machinery, plant and …
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