Tag Archives: Companies Act

The expression “capital employed in the business of the company” did not include the “premium amount” [M/s Berger Paints India Ltd. V/s C.I.T., Delhi-V]

M/s Berger Paints India Ltd. V/s C.I.T., Delhi-V Before The Supreme Court of India Author of the judgement- Abhay Manohar Sapre, J.- Counsel for the appellant-Company- Mr Radha Shyam Jena Counsel for the respondent- Mr Mukul Rohtagi, learned Attorney General. Bench: R.K. AGRAWAL, ABHAY MANOHAR SAPRE Decided on: March 28, 2017 Sr. No. Title Relevant Sections 1. Income […]

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 […]