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 »

1. No decree can create a charge on the assets of the Company unless it is registered  under Section 125 of the Companies Act, 1956 Case Law : INDUSTRIAL DEVELOPMENT BANK OF INDIA v. THAPAR AGRO MILLS LTD (2011) Decided on – 17-03-2011 The Appellant advanced loan to the Company which is in liquidation against allotment …

Industrial Development Bank Of India V. Thapar Agro Mills Ltd (2011) Read More »