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Showing posts with label company law. Show all posts
Showing posts with label company law. Show all posts
Thursday, 30 September 2021

Can Magistrate summon an accused in a criminal case unless there is a prima facie case against him?

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  As observed by this Court in the case of Pepsi Foods Ltd. v. Special Judicial Magistrate, (1998) 5 SCC 749 and even thereafter in catena o...
Monday, 26 April 2021

Whether court can entertain a pleading filed by an officer of the company if the company Board resolution does not authorize him?

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  According to us, the decision of the Hon'ble Supreme Court in the case of United Bank of India vs. Naresh Kumar and ors. (supra) affor...
Wednesday, 12 August 2020

Supreme Court: Liability for Criminal offence depends on the role one plays in the affairs of the company and not on mere designation or status

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 We may notice that Section 141 of the Negotiable Instruments Act, which was inserted in Negotiable Instruments Act by amendment in the ye...
Tuesday, 5 February 2019

Whether creditor can seek more than one remedy simultaneously?

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  We may only end by saying that cases like the present one have to be decided by balancing the interest of creditors to whom money is ow...
Saturday, 27 October 2018

Whether director of company can file complaint for dishonour of cheque without resolution by board of directors?

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  In the case of Chico Ursula D 'Souza v. Goa Plast Pvt. Ltd. (supra) this Court has again held that a person who claims to represent a...
Sunday, 4 March 2018

Whether it is necessary to obtain leave of court prior to filing of eviction suit against company in liquidation?

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 Having dealt with the aforesaid two preliminary contentions, let me now turn to the judicially recognised principle on which the question...
Saturday, 24 February 2018

Whether certified copy of resolution or extract of minutes book is admissible without proof of original?

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Next comes the document No. 1 -the certified true copy of the resolution dated 16.2.2009, whereby the complainant company had allegedly re...
Sunday, 17 September 2017

How to prove resolution passed by board of directors of company?

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Sec. 193(1A)(a) of Company Act makes it clear that each page of the minute book is to be initialed or signed and the last page of the re...

Whether resolution of board of directors is more important letter issued by company?

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 Whether the defendant company in refusing to register shares did so on the ground of indebtedness of Hemmad or not has in our opinion fi...
Monday, 4 September 2017

How doctrine of single economic entity is applicable to arbitration proceeding?

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Bharat Aluminium Company Ltd., 2011 IV AD (Delhi) 212 after relying upon DHN Food Distributors Ltd. and Others v. London Borough of Towe...
Wednesday, 21 June 2017

Whether Registrar of BIFR can dismiss application for reference under SICA Act?

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Regulation 19(5) extracted above, requires the Registrar or the Secretary, as may be, to make an endorsement of the date of receipt of th...
Sunday, 28 May 2017

Whether civil court has jurisdiction to try cases if relief is claimed against companies?

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 In Santosh Poddars’ case (supra), the Division Bench of this court was dealing with a suit where the plaintiffs had prayed for a decla...
Sunday, 9 April 2017

When Criminal complaint filed by shareholder against company and its management is tenable?

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While it is true that a Company registered under the Companies Act is a legal person, separate and distinct from its individual members...
Sunday, 26 March 2017

Whether Indian penal code provides for vicarious liability for any offence alleged to have committed by company?

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Learned counsel for the respondents have not rebutted this issue in any of his arguments. With the meticulous understanding of the o...
Saturday, 17 September 2016

Whether complaint for dishonour of cheque is maintainable by officer of company if he is not specifically authorized in that behalf?

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Reference was also made to M/s. Hari Shree Enterprises V/ s. M/s. Vikas Housing Ltd. & Ors.  (2009 (4) ALL MR 247)  wherein it was ...
Monday, 18 July 2016

When suit filed by company for defamation is not tenable?

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The present suit has been filed by the Plaintiffs against the Defendant alleging defamation by the Defendant. Plaintiff No. 1 is a Compa...
Sunday, 29 May 2016

Procedure to be followed by company law board for conducting its proceeding

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A conjoint reading of Section 4(C), 5 and 6 of Section 10E of the Act would show that the CLB is principally to be guided by the prin...