Category Archives: Corporations

Preference shareholding cannot be equated with equity shareholding to invoke section 244. [Cyrus Investments (P.) Ltd. v/s. Tata sons Ltd.]

Cyrus Investments (P.) Ltd. v. Tata sons Ltd. C.P. Nos. 82/241, 242,244/NCLT (MAH.) OF 2016 Forum: National company law tribunal, Mumbai bench Bench: B.S. V. Prakash Kumar (Judicial member) & V. Nallasenapathy (Technical member) Decided on: March 6, 2017 Relevant provision: 1. Section 241, 242 & 244 of companies act, 2013 2. 397, 398 & […]

The provision of appeal under Section 17 of the SARFAESI Act is illusory. [Mardia Chemicals Ltd. Etc. Etc vs. U.O.I. & Ors. Etc. Etc]

Mardia Chemicals Ltd. Etc. Etc vs. U.O.I. & Ors. Etc. Etc  Transfer Case (civil) 92-95 of 2002 Before the Supreme Court of India Bench: CJ. Brijesh Kumar, Justice Arun Kumar. Relevant Acts/ Statutes:        Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Recovery of Debts due to Banks and Financial Institutions […]

The power of central government to rectify ‘name of the company’ is wider in its nature. [ CGMP Pharmaplan Pvt. Ltd. vs Regional Director]

CGMP Pharmaplan Pvt. Ltd. vs Regional Director, Ministry Of Corporate affairs & Anr. Writ petition – 3217/2010 Criminal appeal no- 6437/10 Forum: Delhi High Court Bench: S. Muralidhar Decided on: 16 July 2010. Relevant provision: 1. Article 226, Indian constitution, 1950 2. Section 22 of Companies Act, 1956  Brief facts: This petition was against the […]

Existence of large number of competitors in the market, does not entitle dominant position: CCI [Case Brief]

A firm is said to be in the dominant position if it behaves independently of its competitors, suppliers, customers and the consumers. Such company can restrict the competition if it has the position of strength in the given market. However, a dominant position is not in itself anti-competitive but it is only when the company uses […]