Case Laws

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 …

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

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 »

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 …

Dematted Shares- Fraudulent Transfer of Shares, Depository Participant is not liable. Read More »

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 …

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

1)   Case Law : Infringement of trademark: In order to constitute infringement, it is not necesthat the impugned trademark should be an absolute replica of the registered trademark GREAVES COTTON LIMITED V MOHAMMAD RAFI & ORS[ DEL] Section 28,29(1) of Trademarks Act, 1999. Decided on : 03/06/2011 The plaintiff Company (“GREAVES COTTON LIMITED”) engaged in …

Case Law On Infringement Of Trademark Read More »

[vc_row][vc_column][vc_column_text]1    CLB cannot order to defer the holding of Extra-Ordinary General Meeting on the requisition made by a shareholder (Company  – IFCI) on the ground that specific authorization/board resolution is not enclosed to file such requisition by the Company  Secretary Case Law : IFCI LTD v. TFCI LTD [DELHI HIGH COURT]           …

IFCI Ltd v. TFCI Ltd [Delhi High Court] Read More »

Case Law : Scheme of Arrangement between: M/s. Vodafone Essar Limited, Non-petitioner/Transferor [Company No.1], M/s. Vodafone Essar Mobile Services Limited, petitioner/Transferor [Company No. 2],  M/s. Vodafone Essar East Limited, Non-petitioner/Transferor [Company No. 3], M/s. Vodafone Essar Gujarat Limited, Non-petitioner/Transferor [Company No. 4], M/s. Vodafone Essar South Limited, petitioner/Transferor [Company No. 5], M/s. Vodafone Essar Digilink …

Tax issues might stand as an impediment in sanctioning of amalgamation under Sections 391 to 394 of the Companies Act, 1956, if not properly addressed Read More »

Case Law : SOUTH ASIAN PETROCHEM LIMITED & ORS v.THE REGISTRAR OF COMPANIES [CAL] Decided on – 05.04.2011 After inspection of books of accounts by the Registrar of Companies, notices were issued to the Respondent alleging that the Company had violated several provisions of the Act along with disclosures to be made in Balance-sheet, Profit …

No criminal prosecution can be maintained against the company in the absence of basic ingredient of offence (mens rea) – [section 209(a), 211(1) (2), 217(1) (a) & 633(2) of the Companies Act, 1956] Read More »

BHUSHAN ENERGY LTD & ORS v. SECURITIES AND EXCHANGE BOARD OF INDIA & ANR [SAT] Decided on 28.12.2010 The Appellant (Bhushan Group) & Respondent No.2 (who are persons acting in concert of Bhushan Group) are holding 14.85% & 2.56% Equity Shares respectively is a listed company namely Orissa Sponge Iron & Steel Ltd (Target Company)  …

Date of approval/effecting for transfer of shares cannot be kept hold if the consideration for transfer of shares is paid as per the time lines mentioned in the Share Purchase Agreement Read More »

Case Law : M/s. BADEMIYA, MUMBAI & ORS v. MUBIN AHMED ZAHURISLAM [BOM] Decided on 25.03.2011 M/s. BADEMIYA, MUMBAI & ORS, the plaintiff’s have prayed for an order and injunction restraining MUBIN AHMED ZAHURISLAM, defendant’s from using the trading name ‘BADEMIYAN’ and the trademark or the logo of ‘BADEMIYA’ in relation to defendant’s business of …

Suit is maintainable even if it is filed by unregistered firm for grant of injunction against infringement of its trade mark Read More »