Companies Act, 2013 with Section 241

Supreme Court clarifies the distinction between assignment and security interest in lease rental discounting: Infrastructure Leasing and Financial Services Ltd vs HDFC Bank Ltd (2023) INSC 929 (19 October 2023)

/ Companies Act, 2013, Companies Act, 2013 with Section 241, Companies Act, 2013 with Section 242, Transfer of Actionable Claims, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 130, Transfer of Property Act, 1882 with Section 5

Supreme Court Clarifies Assignment vs. Security Interest in Lease Rental Agreements Date of the Judgment: 19 October 2023 Citation: (2023) INSC 929 Judges: S. Ravindra Bhat, J., Dipankar Datta, J. Can a lender claim ownership over rental income when a borrower assigns it as security for a loan? The Supreme Court of India recently addressed […]

Supreme Court clarifies the distinction between assignment and security interest in lease rental discounting: Infrastructure Leasing and Financial Services Ltd vs HDFC Bank Ltd (2023) INSC 929 (19 October 2023) Read Post »

Supreme Court Upholds Tata Sons’ Actions, Rejects Oppression Claims in Cyrus Mistry Case (26 March 2021)

/ A.S. Bopanna, Articles of Association, Companies Act, 2013, Companies Act, 2013 with Section 14, Companies Act, 2013 with Section 241, Companies Act, 2013 with Section 242, Corporate Governance, Corporate Law, Judges, Oppression and Mismanagement, S.A. Bobde, V. Ramasubramanian

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 Tata Sons’ Actions, Rejects Oppression Claims in Cyrus Mistry Case (26 March 2021) Read Post »

Supreme Court restricts asset freezing under Section 241 of the Companies Act: Usha Ananthasubramanian vs. Union of India (2020)

/ Companies Act, 2013, Companies Act, 2013 with Section 241, Companies Act, 2013 with Section 337, Companies Act, 2013 with Section 339, Judges, R.F. Nariman, S. Ravindra Bhat, V. Ramasubramanian

Supreme Court Restricts Asset Freezing Under Companies Act: Usha Ananthasubramanian vs. Union of India (2020) LEGAL ISSUE: Whether the National Company Law Tribunal (NCLT) can freeze the assets of a person under Section 241 of the Companies Act, 2013, for alleged mismanagement in a company other than the one they are directly associated with. CASE

Supreme Court restricts asset freezing under Section 241 of the Companies Act: Usha Ananthasubramanian vs. Union of India (2020) Read Post »

Supreme Court Upholds Reopening of IL&FS Accounts: Hari Sankaran vs. Union of India (2019)

/ Companies Act, 2013, Companies Act, 2013 with Section 130, Companies Act, 2013 with Section 212, Companies Act, 2013 with Section 241, Indu Malhotra, Judges, M.R. Shah

Supreme Court Upholds Reopening of IL&FS Accounts: Hari Sankaran vs. Union of India (2019) LEGAL ISSUE: Whether the National Company Law Tribunal (NCLT) can order the reopening of a company’s accounts under Section 130 of the Companies Act, 2013, based on allegations of fraud or mismanagement. CASE TYPE: Corporate Law Case Name: Hari Sankaran vs.

Supreme Court Upholds Reopening of IL&FS Accounts: Hari Sankaran vs. Union of India (2019) Read Post »

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