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…
M/s. R.K. Associates V. Channapa and Others[1] Facts In this case, Clause 13 of the deed stated that the plaintiff was at liberty to sue for specific performance or for damages or for any other reliefs that may be available to them. Clause 14, however, allowed any disputes or differences, between the parties arising out…
Citation: 2008(5)BomCR196 Facts On 20th July 2003, the Petitioner invited tenders for the construction of 1648 tenements for the rehabilitation of project affected households. This was a World Bank Project. The work was to be carried out in two phases. The two phase programme of work was to be in accordance with the availability of vacant…
Who can be appointed as Trustee? As per Section 10 of the Indian Trusts Act, any person who is capable of holding property can be appointed as a trustee. A person is deemed to have the capacity to hold property, if such a person is capable of administering the property effectively and efficiently with ordinary…