Case Laws

Prior approval of Statutory and Contractual authorities is required for sanction of scheme

M/s. Spice Communications Limited & ANR, Decision by Delhi High Court, on 4th July 2011 The Amalgamation of Spice Communications Limited (Spice) with Idea Cellular Limited (Idea) was allowed by Gujarat High Court on 26th November, 2009. Spice and Idea, the Petitioner Companies are the telecommunication companies which have been granted various Unified Access Services …

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The yardstick for determining the infringement of trademark differs from case to case.

Warner Bros. Entertainment Inc. and Anr. Vs. Harinder Kohli and Ors. – Decision by Delhi High Court The plaintiff (Warner Bros. Entertainment Inc) was an American producer of film and television entertainment, and had obtained rights for featuring film adaptations of Harry Potter Novel. Harry Potter is a well known novel, written by British Author …

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Composite Scheme of Arrangement can’t be held in abeyance for insufficient Authorized Share Capital of transferee company

Bhopal Gelatines (P) Ltd V/s. Bhopal Glues and Chemicals (P) Ltd – Decision by Madhya Pradesh High Court, on 26th July 2011 The petition under Section 394 of the Companies Act, 1956, was filed seeking sanction of Madhya Pradesh Court (Court) with regard to a composite scheme of arrangement (scheme) whereby the undertaking of the …

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Trade Marks Act, 1999 – Sections 12, 134, 159(5)

Hindustan Unilever Limited   V. Ashique Chemicals &  ors decided on 08/08/2011 The plaintiff is a registered proprietor of the marks “SUN”, “SUNLIGHT” and “SUNSILK” under Class 3. The plaintiff seeks a perpetual injunction, restraining the defendant from using the mark “SUNPLUS” or the word “SUN” with any prefix or suffix or any other deceptively similar labels …

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Central Excise Act, 1944- For determining the value of goods for the purpose of excise duty, cost of packing the goods to be included

ROYAL ENFIELD (UNIT OF M/S EICHER LTD) V COMMISSIONER OF CENTRAL EXCISE(SC) Civil Appeal No. 4406 of  2010 Decided on: 10/08/2011 The appellant Company (“ROYAL ENFIELD (UNIT OF M/S EICHER LTDROYAL ENFIELD (UNIT OF M/S EICHER LTD ”) engaged in the manufacture of motorcycles falling under Chapter 87 of the Central Excise Tariff Act, 1985. …

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Case Law on Companies Act – Section 205(C) regarding Unclaimed Deposits

Case Law on Companies Act – Section 205(C) regarding Unclaimed Deposits – plaintiff wants refund – bank refuses to do so and suggests the amount to be claimed by the depositors – whether correct – held, no The Peerless General Finance & Investment Co. Ltd. v. UCO Bank [Cal] Decided on: 15/06/2011 The plaintiff,  a …

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Increase in Authorized Share Capital on sanction of scheme of amalgamation does not require compliance under Section 94 & 97 of Companies Act, 1956

M/S. THANTIYADI REALTORS PRIVATE LIMITED & M/S. SOMASIMARA REALTORS PRIVATE LIMITED v UNKNOWN, DECISION BY MADRAS HIGH COURT. Decided on 11/03/2011 The petitioners, M/s. Thantiyadi Realtors Private Limited, transferor company and M/s. Somasimara Realtors Private Limited, Transferee Company had approached the court to sanction the scheme of amalgamation so as to make it binding on …

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Principle of universality to be applied in determining the basic wage for calculating the Provident Fund Contribution

MONTAGE ENTERPRISES PVT. LTD v EMPLOYEES PROVIDENT FUND (Madhya Pradesh High Court) – Principle of universality to be applied in determining the basic wage for calculating the Provident Fund Contribution Decided on : 24/03/ 2011 The Paintiff Company (“Montage Enterprises Pvt Ltd”) was remitting the provident fund contribution of eligible employees in accordance with the …

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Dematted Shares- Fraudulent Transfer of Shares, Depository Participant is not liable

STOCK HOLDING CORPORATION OF INDIA LTD v VIMAL RAOSAHEB CHOUGULE & ORS (MAHARASTRA STATE COMMISSION) Decided on:  06/06/2011 The Appeallant Company (”Stock Holding Corporation of India Ltd”) was providing depository facilities to investors within the meaning of the Depository Act, 1996. The Respondent had opened a Demat account with appellant and transacted shares through their …

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Loss of original share certificate by the transferee and transferor not responding – Whether duplicate share certificate can be issued and whether the company can register the transferee in its members register

ALTINA SECURITIES (P) LTD v. SATYAM COMPUTER SERVICES LTD & ANR [(2007) 76 CLA 118 (CLB)] K. K. Balu (VC). Decided on : 07/9/2006 The petitioner, a share broker purchased 2000 equity shares of the respondent company and on presentation of the share transfer deeds to the company, the share transfer deed covering 100 shares …

Loss of original share certificate by the transferee and transferor not responding – Whether duplicate share certificate can be issued and whether the company can register the transferee in its members register Read More »