Company Law – Advocatetanmoy Law Library

Tata Consultancy Services Ltd. Vs. Cyrus Investments Pvt. Ltd. and Ors-26/03/2021

Posted by Advocatetanmoyon May 28, 2021in Supreme Court Judgments

In an appeal under Section 423 of the Companies Act, 2013, this Court is concerned with questions of law arising out of the order of NCLAT. Therefore, we will not decide this prayer. It should be pointed out at this stage that Article 75 of the Articles of Association is nothing but a provision for an exit option (though one may think of it as an expulsion option). After attacking Article 75 before NCLT, the S.P. Group cannot ask this Court to go into the question of fixation of fair value compensation for exercising an exit option.

Jignesh Shah & ANR. Vs. Union of India & ANR-25/09/2019

Posted by Advocatetanmoyon October 16, 2019in Supreme Court Judgments

A winding up proceeding is a proceeding 'in rem' and not a recovery proceeding

Hari Sankaran Vs. Union of India & Others – 04/06/19

Posted by Advocatetanmoyon July 4, 2019in Supreme Court Judgments

Section 130(1) & (2) read with sections 211/212 and Sections 241/242 of the Companies Act, 2013- Report of the RBI Report can be taken note of, while upholding the order passed by the learned Tribunal under Section 130 of the Companies Act. As a larger public interest has been involved and reopening of the books of accounts and recasting of financial statements of the aforesaid companies is required to be carried out in the larger public interest, to find out the real truth, and the conditions precedent while invoking power under Section 130 of the Companies Act are satisfied/complied with, therefore order passed by the learned Tribunal passed under Section 130 of the Companies Act, confirmed by the learned Appellate Tribunal, is not required to be interfered with.

A shareholder who buys shares in a Company does not buy any interest in the Company which is an independent juristic person

Posted by Advocatetanmoyon February 18, 2019February 18, 2019in Corporate

It is settled law that shareholders have no right in the property of the Company. The corporate veil cannot be lifted unless a compelling case is made out by the Plaintiffs, since the doctrine stands as an exception to the…

The Companies Act, 1956 [Indian]

Posted by Advocatetanmoyon October 23, 2018October 23, 2018in Corporate

Now repealed (1 OF 1956) [18th January, 1956] An Act to consolidate and amend the law relating to companies and certain other associations. Be it enacted by Parliament in the Sixth Year of the Republic of India as follows:- PART…

The Companies Act, 2013

Posted by Advocatetanmoyon October 23, 2018October 23, 2018in Corporate

Section 1 to 470 NO. 18 OF 2013 [29th August, 2013] An Act to consolidate and amend the law relating to companies. Be it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows:- CHAPTER I…

Chiranjit Lal Chowdhuri Vs. The Union of India & Ors [ SC 1950 December]

Posted by Advocatetanmoyon June 22, 2018in CIVIL

KEYWORDS : Fundamental right of company-eminent domain- HELD : No one except those whose rights are directly affected by a law can raise the question of the constitutionality of that law. The company and the shareholders are in law separate…

COMPANY LAW MANUAL [INDIAN]

Posted by Advocatetanmoyon May 24, 2018July 6, 2018in Corporate

KEYWORD:- COMPANY- CORPORATE LAW- Artificial Personality History of Company and Corporation British East India Company [31 December 1600] Joint-stock Company and its Votaries Ownership of the Company and Board of Directors Supervisory directors and Managing Directors Marger and…

The Companies Act, 2013

Posted by Advocatetanmoyon May 24, 2018December 1, 2019in CENTRAL ACTS, Corporate

18 OF 2013 [29th August 2013] COMPANY LAW ENCYCLOPEDIA [GLOBAL] COMPANY LAW MANUAL [INDIAN] THE COMPANIES ACT, 1956 THE COMPANIES (AMENDMENT) ACT, 2015 THE COMPANIES (AMENDMENT) ACT, 2017 Chapter I Preliminary Section 1 & 2 Chapter II Incorporation of Company and…

National Company Law Appellate Tribunal [NCLAT-India]

Posted by Advocatetanmoyon February 16, 2018February 16, 2018in CIVIL

Constituted under Section 410 of the Companies Act, 2013 AT: Pt. Deen Dayal Antyodaya Bhawan, 3rd Floor, CGO Complex, Lodhi Road, New Delhi - 110003 Hear appeals against the Order of:- Company Law Tribunal(s) (NCLT), with effect from 1st June, 2016 NCLT(s)…

CURRENT SUPREME COURT JUDGMENTS

Somesh Chaurasia Vs. State of Madhya Pradesh & Anr-22/07/21 - There are distinct doctrinal concepts in criminal law namely (i) the grant of bail before trial or, what is described as the 'pre-conviction' stage; (ii) setting aside an order granting bail when the principles which must weigh in the decision on whether bail should be granted have been overlooked or wrongly applied; (iii) the post- conviction suspension of sentence under the provisions of Section 389(1); and (iv) the cancellation of bail on the ground of supervening events, such as the conduct of the accused during the period of bail, vitiating the continuance of bail.
Union of India Vs. Rajendra N. Shah & Anr-20/07/21 - These appeals raise an important question as to the vires of the Constitution (Ninety Seventh Amendment) Act, 2011 [the "Constitution 97th Amendment Act"] which inter alia introduced Part IXB under the chapter heading 'The Co-operative Societies'. The Constitution 97th Amendment Act was passed by the requisite majority of the Lok Sabha on 27.12.2011 and the Rajya Sabha on 28.12.2011.
K.P. Natarajan & Anr. Vs. Muthalammal & Ors-16/07/2021 - There is no dispute on facts and there is no escape from the conclusion that the respondents have been grossly negligent in defending the suit as well as the execution proceedings. But the fact remains that while the parties can afford to remain negligent, the Court cannot. The High Court has found, after summoning the records from the trial Court that as a matter of fact, the trial Court failed to appoint a guardian for the third respondent/minor in a manner prescribed by law.
Sachin Kashyap & Ors. Vs. Sushil Chandra Srivastava & Ors-15/07/2021 - Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.

EXECUTIVE ORDERS

Executive Order on Promoting Competition in the American Economy-09/07/2021 - The American information technology sector has long been an engine of innovation and growth, but today a small number of dominant Internet platforms use their power to exclude market entrants, to extract monopoly profits, and to gather intimate personal information that they can exploit for their own advantage.
Blocking Property and Suspending Entry Into USA of Certain Persons Contributing to Destabilizing Situation in Western Balkans-EO-08/06/21 - All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State
Threat posed by military Industry of China- Biden Issued Executive Order-03/06/2021 - I find that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance technology to facilitate repression or serious human rights abuse constitute unusual and extraordinary threats, which have their source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats.
Improving the Nation’s Cybersecurity-EO 12/05/2021 - The United States faces persistent and increasingly sophisticated malicious cyber campaigns that threaten the public sector, the private sector, and ultimately the American people’s security and privacy. The Federal Government must improve its efforts to identify, deter, protect against, detect, and respond to these actions and actors. The Federal Government must also carefully examine what occurred during any major cyber incident and apply lessons learned. But cybersecurity requires more than government action.