Whether upon amalgamation the tenancy rights were transferred and whether there was any subletting.
Singer India Limited vs. Chander Mohan Chadha, (2004) 7 SCC 1 (Held: there was transfer and the tenancy or right to occupation of the transferor company got vested in the transferee company)
Whether stamp duty is leviable on a transfer of assets by a scheme of amalgamation.
Sandy Estates Ltd. vs. Landbase India Ltd., 1997 VI AD (Delhi) 981 (Held: no stamp duty would be leviable in any case to the transfer of assets between the transferor and the transferee companies when the transferor company is a 100% subsidiary of the transferee company which is the parent company)
Find out what Metatags are all about and how they can make you liable for manipulative Meta Tagging and Cyber Stuffing. Here is the list of all landmark cases in US and India which will be followed by a complete article soon by us.
In case the proposed scheme is bona fide and genuine and is not against public interest then mere fact that certain immovable properties or right to recover debts etc. are transferred to the transferee company would not mean that they are in violation of any provisions of the Transfer of Property Act. However, if such scheme is only with the ulterior motive to transfer the immovable properties without payment of Government or statutory dues, then the same would be against the public interest and the Court will not approve the scheme.
A foreign judgment which is conclusive under Section 13 of the Code of Civil Procedure, 1908, can be enforced in India by: By filing an Execution Petition under Section 44A of the Civil Procedure Code (“CPC”) (in case the conditions specified therein are fulfilled). By filing a suit upon the foreign judgment /decree. In both…
CASE LIST Laxmikant V. Patel v. Chetanbhai Shah & Anr.; 2002 (24) PTC 1 [Summary] Prakash Glass and Rubber Works & Anr. v . Hindustan Safety Glass Works Pvt. Ltd.; 2006 (2) Calcutta High Court Notes 555
CASE LIST Jurisdiction of Wakf Tribunal M. Bikshapathi vs. Government of Andhra Pradesh and Ors., 2002 (2) ALT 530 (High Court of Andhra Pradesh, 1999) Jai Bharat Co-operative Housing Society Ltd. vs. Andhra Pradesh. State Wakf Board, Hyd., 2000 (5) ALT 389 (High Court of Andhra Pradesh, 2000) Syed Muneer vs. Chief Executive Officer and Ors., 2002 (1) ALT 386 (High Court of…
Directors of a company hold the most crucial position in the Company. With the new Companies Act, 2013 (“New Act“) already in force, their position has become even more significant than ever before. They are now formally included within the definition of “key managerial personnel” or “KMP” under Section 2(51) of the New Act. New…