Scope and Definition of ‘fiduciary’, “fiduciary capacity” and “fiduciary relationship” The Hon’ble Supreme Court in Sri Marcel Martins vs. M. Printer and Ors.[1] defined the term ‘fiduciary’ as- “The word ‘fiduciary’, as a noun, means one who holds a thing in trust for another, a trustee, a person holding the character of a trustee, or…
In Suraj Lamp and Industries Pvt. Ltd. vs. State of Haryana and Anr.[1], Supreme Court, with reference to its earlier judgments in Narandas Karsondas v. S.A. Kamtam and Anr.[2] and Rambaran Prosad v. Ram Mohit Hazra[3] observed that as per Section 54 of the Transfer of Property Act, a contract of sale or agreement of…
List of Ordinary and Special Resolutions under Companies Act, 2013 [Click the link above to download the PDF]
Application of principle of ‘dissolution of partnership’ to invoke winding up of Company under Section 433(f) of Companies Act, 1956 Deadlock in the management of the company is one of the grounds which may make it equitable and just for the court to wind up a company under Section 433(f). Section 433 provides for the…
Difference between: (a) ‘non-obstante’ clause and (b) ‘subject to’ other provisions The effect of any provision containing non-obstante clause and the ambit and scope of a provision which has been made ‘subject to’ some other provision or enactment and distinction between the two, is well established. When a provision of any enactment is made ‘subject…
CASE LIST Section 35 of the Stamp Act operates as a bar to an unstamped instrument being admitted in evidence or being acted upon. Hindustan Steel Ltd. v. M/s. Dilip Construction Co., AIR 1969 SC 1238 Unless the stamp duty and penalty due in respect of the instrument is paid, the court cannot act upon…
Case List Commissioner of Income Tax, Central Circle vs. Nadatur Holdings and Investments (P.) Ltd., 2012, Karnataka High Court; [2012] 210 TAXMAN 597 (Kar); M.K. Kuppuraj and Ors. vs. Commissioner of Gift Tax, 2002, Madras High Court; [2002] 258 ITR 412 (Mad).
A contract of personal service cannot be specifically enforced in a civil suit. Case List Jitendra Nath Biswas vs. M/s. Empire of India and Ceylon Tea Co. and Anr., 1989, Supreme Court, (1989) 3 SCC 582; Pearlite Liners Pvt. Ltd. vs. Manorama Sirsi, 2004, Supreme Court; (2004) 3 SCC 172; Apollo Tyres Ltd. vs. C.P. Sebastian, 2009,…
Section 36 of the Companies Act, 1956 makes the Memorandum and Articles of Company, when registered, binding not only on the company but also the members inter-se to the same extent as if they had been signed by the company and by each member and covenanted to by the company and each shareholder to observe…
In Halsbury’s Laws of England[1] it is stated- “The chief distinctions between superior and inferior courts are found in connection with jurisdiction. Prima facie, no matter is deemed to be beyond the jurisdiction of a superior court unless it is expressly shown to be so, while nothing is within the jurisdiction of an inferior court…
Glaxosmithkline Consumer Healthcare Ltd. Vs. Abbott Healthcare Pvt. Ltd. and Ors.; 2009(40) PTC 437 (Cal) Plaintiff, the manufacturers of Horlicks had a tagline “”Taller, stronger, sharper” for it’s health food drink powder . Defendant was using the line “sabse tallest, strongest, brightest” as a prominent feature of a commercial for a similar product called Pediasure….
Super Cassettes Industries Ltd. v. Music Broadcast Pvt. Ltd. 2012 (50) PTC 225 (SC) ISSUE: Whether on a complaint made to the Copyright Board under Section 31 of the Copyright Act, 1957, the said Board under Clause (b) of Sub-section (1) can pass an interim order in the pending complaint. In other words, whether the…