CASE LIST Dishonest disposal of the company’s properties and non-crediting of the proceeds thereof in the accounts of the company B.M. Bajoria vs. Union of India and Ors.[1] Cheating and dishonestly inducing delivery of property [S. 420 read with S. 120(B) of IPC] S.C. Chaddha and Ors. vs. State of Delhi[2] S.P. Gupta and Ors….
CASE LAWS Custody to Father: Criteria Prakash Chandra Jain vs. Smt. Chandrawati Jain, AIR 1996 Raj 162 (High Court of Rajasthan, 1995 ) Mausami Moitra Ganguli vs. Jayant Ganguli, AIR 2008 SC 2262 (Supreme Court, 2008)
CASE LIST: Arbitrary Decision to Blacklist: Erusian Equipment and Chemicals Ltd. vs. State of West Bengal and Anr., AIR 1975 SC 266 (Supreme Court, 1975) Siemens Engg. & Mfg. Co. of India Ltd. vs. Union of India, AIR 1976 SC 1785 (Supreme Court, 1976) Mekaster Trading Corporation vs. Union of India (UOI) and Ors. 2003 (71) DRJ 376…
CASE LIST: Requirements/ Ingredients Mohd. Kareemuddin Khan and Ors. vs. Syed Azam, 1997 (2) ALT 625 (Andhra Pradesh High Court, 1996) Devarapu Narasimharao vs. Yerrabothula Peda Venkaiah and Ors., 1998 (2) ALT 513 (Andhra Pradesh High Court, 1997) Dr. K. Subbaiah vs. C.N. Krishnamacharlu and Ors., 2011 (2) ALT 516 (Andhra Pradesh High Court, 2010) B.Visalakshi vs. Special Court under A.P. Land…
Well, though this is slightly different from what we do at Indian Case Laws but nonetheless it’s not completely useless either. We aim to provide a list of licenses, a particular kind of business need to have in order to operate in a specific industry at a state or central level. We are currently in…
Indian Case Laws, also helps you to incorporate companies under the new Companies Act, 2013. We take care of all the necessary steps starting from name approval to filing of all the MCA Forms, obtaining PAN, DIN (Director Identification Number), DSC etc. Our well qualified practicing Company Secretary (CS) is here to make sure that…
On my first day at Law school, my Constitution Law Professor said, “The best way to learn Law is to read Judgments.” I started with the benchmark Kesavananda Bharti Case and I am still reading it. Welcome to a law school and welcome to the world of endless piles of judgments. Well a lawyer is not really a…
Transcore vs. Union of India (UOI) and Anr. Supreme Court 29.11.2006 Key Words: debt, recovery, security, banks, financial institutions, liability, tribunal, reconstruction, financial assets, enforcement of security interest, Mardia Chemicals, possession, immovable properties, notice, enabling provision Relevant Acts & Provisions: Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI/NPA) Act, 2002: Ss. 13 (2), 13(4), 17…
Director of Income Tax vs. Infrasoft Ltd. Delhi High Court 22.11.2013 Key Words: taxability, use of software, royalty, double taxation, Double Taxation Avoidance Agreement, license, transfer of copyright, transfer of copyrighted article, copyright, computer programme Relevant Statutory Provisions: Income Tax Act, 1961: Ss. 260A, 9(1)(vi), Double Taxation Avoidance Agreement (DTAA): Article 7, 12(3) Facts: The Respondent/Assessee (A) in this case…
State of Haryana and Ors. vs. Navir Singh and Anr. AND State of Punjab and Ors. vs. Pagro Foods Ltd. and Ors. Before: Supreme Court of India Date of Judgment: October 7, 2013 Facts: The facts in both the cases being similar, these cases were heard jointly by the Court. Punjab National Bank (“PNB”) sanctioned…
GREEV vs. KETTLE Key Words: mutual mistake in guarantee, estoppel, rectification Facts: Defendant Company (S), in consideration of Plaintiff Company’s (C) giving credit to principle debtor (D), guaranteed the payment of debt, which was stated in deed to be secured by ‘validly issued shares in Company’. Though both S and C believed this fact to…
Gray vs. Lewis AND Parker vs. Lewis (1873) 8 Ch App 1035 Facts: A shareholder, when initiated suit for damages against plaintiff-bank and defendant (who was the director of the plaintiff bank as well), director of a liquidated company for fraud and mala fide holding of accounts, got judgment against the bank and the defendant…