Supreme Court Upholds Striking Off of Company: Nirendra Nath Kar vs. Gopal Navin Bhai Dave & Ors. (2022) LEGAL ISSUE: Whether an individual, not officially recorded as a director in the Registrar of Companies’ records, has the right to challenge the striking off of a company’s name. CASE TYPE: Company Law Case Name: Nirendra Nath […]
Supreme Court Restricts Amendment of Pleadings to Challenge Mortgages: Asian Hotels (North) Ltd. vs. Alok Kumar Lodha & Ors. (2022) LEGAL ISSUE: Whether a plaintiff can amend their suit to challenge mortgages on a property when their original suit concerns the revocation of a license agreement. CASE TYPE: Civil. Case Name: Asian Hotels (North) Ltd.
Supreme Court Upholds Municipal Authority’s Power to Acquire Land for Road Widening: Mahanagar Telephone Nigam Ltd. vs. Bihanmumbai Mahanagarpalika (2022) LEGAL ISSUE: Whether a municipal corporation can acquire land for road widening purposes under Section 299 of the Mumbai Municipal Corporation Act, 1888, without prior sanction from the Central Government when the land is owned
Supreme Court Upholds MPID Act: NSEL Deemed Financial Establishment LEGAL ISSUE: Whether National Spot Exchange Ltd (NSEL) is a ‘financial establishment’ under the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 (MPID Act). CASE TYPE: Civil Law, Financial Law Case Name: The State of Maharashtra vs. 63 Moons Technologies Ltd. Judgment Date:
Supreme Court Upholds Company Law Board Order in Family Dispute over Biological E. Ltd. Date of the Judgment: 06 April 2022 Citation: Where available, provide the case citation in the Indian Supreme Court (INSC) format. Judges: Hon’ble Mr. Justice Vineet Saran and Hon’ble Mr. Justice J.K. Maheshwari. This was a unanimous decision. Can a family
Supreme Court Clarifies Assessment of Amalgamated Companies: PCIT vs. Mahagun Realtors (2022) LEGAL ISSUE: Whether an assessment order in the name of an amalgamating company is valid after the company has ceased to exist due to amalgamation. CASE TYPE: Income Tax Law Case Name: Principal Commissioner of Income Tax (Central) – 2 vs. M/s. Mahagun
Supreme Court Upholds SIDBI’s Actions in Bond Payment Dispute: Small Industries Development Bank of India vs. M/S. Sibco Investment Pvt. Ltd. (2022) LEGAL ISSUE: Whether Small Industries Development Bank of India (SIDBI) was justified in withholding payments on bonds due to regulatory directives and concerns over fraudulent transactions. CASE TYPE: Civil Appellate Jurisdiction Case Name:
Supreme Court Upholds RBI’s Authority in Bond Dispute: SIDBI vs. Sibco Investment (2022) LEGAL ISSUE: Whether the Reserve Bank of India (RBI) directives regarding the transfer of bonds are binding on financial institutions. CASE TYPE: Civil Appellate Jurisdiction, Banking Law. Case Name: Small Industries Development Bank of India vs. M/s. Sibco Investment Pvt. Ltd. Judgment
Supreme Court Upholds RBI’s Authority in Bond Dispute: SIDBI vs. Sibco Investment (2022) Read Post »
Supreme Court Upholds Winding Up Order in Debt Dispute: Shital Fibers Ltd. vs. Indian Acrylics Limited (2021) LEGAL ISSUE: Whether a company can be wound up for failure to pay a debt when the company claims a dispute over the quality of goods supplied. CASE TYPE: Company Law/Insolvency Case Name: Shital Fibers Ltd. vs. Indian
Date of the Judgment: 26 March 2021 Citation: (2021) INSC 187 Judges: S.A. Bobde (Chief Justice of India), A.S. Bopanna J., V. Ramasubramanian J. Can a company’s board remove its chairman for loss of confidence? The Supreme Court of India recently addressed this question in a high-profile dispute involving Tata Sons and Cyrus Mistry. This
Supreme Court Upholds IBC’s Primacy Over Winding Up: A. Navinchandra Steels vs. SREI Equipment Finance (2021) LEGAL ISSUE: Whether the Insolvency and Bankruptcy Code, 2016 (IBC) overrides the Companies Act, 1956/2013 in cases of conflict, particularly when a winding-up petition has been admitted. CASE TYPE: Insolvency and Corporate Law Case Name: A. Navinchandra Steels Private
Supreme Court Clarifies Procedure for Ex-Parte Orders under Companies Act: Surender Kumar Gupta vs. JM Housing Limited (2021) LEGAL ISSUE: Procedure for challenging ex-parte orders passed by the National Company Law Tribunal (NCLT). CASE TYPE: Company Law, Oppression and Mismanagement. Case Name: Mr. Surender Kumar Gupta and Others vs. J M Housing Limited and Others.
