Companies Act, 2013
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Miheer H. Mafatlal Vs. Mafatlal Industries Ltd.
The scope of Company Court to sanction scheme of amalgamation is limited and therefore Court can intervene in matter only when it is not just and fair or prejudicial to the interest of share holders. Court can only go through scheme and examine whether it has complied requirements under Section 391 (2) and was passed requisite majority or not. Individual personal interest of minority share holders is of no concern unless it is affecting class interest of such equity shareholders.
Shri V.S. Krishnan & Ors vs M/S Westfort Hi-Tech Hospital
Shri V.S. Krishnan & Ors vs M/S Westfort Hi-Tech Hospital (2008) FACTS: Appellants Shri V.S. Krishnan and five others filed Company Petition before CLB under Sections 397 and 398 read with Sections 402, 403 and Schedule XI. According to the petitioners, they were collectively holding in excess of 1/10th of the issued share capital of…
Case List: Articles of Association vs. Shareholders Agreements – Which one prevails?
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…
Time Limit for allotment of securities under the new Companies Act, 2013
As per Section 23 of the new Companies Act, 2013, a public or private company may issue securities in any of the following manner: Public Company To public through issue of Prospectus Private Placement Rights Issue or a Bonus Issue Private Company Rights or Bonus Issue Private placement Private Placement vis-a-vis Preferential Allotment Section 42…
Case List: Winding Up
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…
Allied Blenders & Distillers Pvt. Ltd. v. R.K. Distilleries Pvt. Ltd.
Allied Blenders & Distillers Pvt. Ltd. v. R.K. Distilleries Pvt. Ltd. FAO (OS) No. 251 of 2016 Decided on: 28th February, 2017 Hon’ble High Court of Delhi Brief Facts: Appellant filed a civil suit for infringement of trade mark, passing off and infringement of Copyright claiming to be proprietor of the mark ‘Officer’s Choice’ and…