Companies Act, 2013

ByVivek Kumar Verma

images (2)Key Managerial Personnel (KMP) under Companies Act, 2013

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Case List: Winding Up

ByVivek Kumar Verma

A Admitted Debt u/s 433(3) of Companies Act, 1956 Alternative Remedy to be initiated before invoking just and equitable clause u/s 433 (f) B Bona fide dispute C Commercial Insolvency Creditor’s Objection to Winding Up Composite petitions under Sections 397, 398 and 433(f) D Dissolution of Partnership and Deadlock as grounds for Winding Up under Section…

A.K.G. Acoustics (India) Ltd. v. Company Law Board (CLB)

ByVivek Kumar Verma

A.K.G. Acoustics (India) Ltd. v. Company Law Board 70 (1997) DLT 767 Facts In order to optimise the efficiency of the appellant Company and to economize on revenue expenses the appellant Company called an Extraordinary General Meeting to pass a Special Resolution to shift the registered office of the appellant Company from its location at…

Application of Principle of ‘Dissolution of Partnership’ to invoke Winding Up

Application of Principle of ‘Dissolution of Partnership’ to invoke Winding Up

ByVivek Kumar Verma

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…

How is provision of Section 23 of SICA different from the provision of Section 15 of the same Act?

ByVivek Kumar Verma

How is provision of Section 23 of SICA different from the provision of Section 15 of the same Act? As quoted by Supreme Court in U.P. State Sugar Corpn. Ltd. Vs. U.P. State Sugar Corpn. Karamchari Assn. and Ors.[1] “From a perusal of the aforesaid provisions of the Act it would appear that the Act…

Makhan Lal Jain and Anr. v. The Amrit Banaspati Co. Ltd. and Ors.

ByVivek Kumar Verma

Makhan Lal Jain and Anr. v. The Amrit Banaspati Co. Ltd. and Ors. AIR 1953 All 326 Facts: The petitioners are two share-holders in the Amrit Banaspati Company Limited. They have made various allegations of mismanagement and foul play against the company, its Directors and Managing Agents. It is contended on behalf of the opposite…

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