Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Companies Law - Highlights / Catch Notes

Home Highlights April 2024 Year 2024 This

Rightful owners of 4000 shares or not - Exercise of jurisdiction ...

Companies Law

April 13, 2024

Rightful owners of 4000 shares or not - Exercise of jurisdiction u/s 8 of the Arbitration and Conciliation Act - The Appellate Tribunal emphasizes that the NCLT's jurisdiction under Section 8 of the Arbitration and Conciliation Act is limited to determining the existence of a valid arbitration agreement and whether the dispute is arbitrable. The Tribunal rules that the NCLT exceeded its jurisdiction by making findings on the ownership of shares, which should be decided at an appropriate stage of the main case.

View Source

 


 

You may also like:

  1. Oppression and mismanagement - illegal transfer of shares - this Tribunal is exercising its ample powers to waive the requisite shareholding percentage in order to...

  2. Revision u/s 263 by CIT - Jurisdiction exercised by ld PCIT under section 263 of the Act is not in accordance with law. PCIT has selected the item (share capital and...

  3. Initiation of CIRP - It is pertinent to note that on 09.07.2016, ‘prior to the issuance of the Demand Notice under Section 8 of the Code’, the ‘Operational Creditor’...

  4. Change in policy by RBI -The new policy appears to have been declared by RBI for the reason that the NPA, in the Nationalized banks, have touched almost 8 lakhs crores....

  5. Definition of AOP - immovable property given on rent by 8 joint co-owners (respondents) - whether these 8 co-owners can be said to be AOP, and whether each co-owner has...

  6. Jurisdiction of the referral court at pre-referral stage - arbitration agreement - If the dispute/issue with respect to the existence and validity of an arbitration...

  7. Initiation of CIRP - pre-existing dispute or not - While admitting that the civil suit was filed subsequent to the issue of notice under Section 8 of IBC, it has been...

  8. Arbitration award - Share Purchase Agreement (SPA) - What the law prohibits under Section 18A read with Section 16 read with the SEBI circular of 1st March 2000 is not...

  9. Jurisdiction of Writ Court - Transfer of shares - The Exercise of jurisdiction must be within the well-recognised constraints. It cannot be exercised like a 'bull in a...

  10. Corporate Insolvency Resolution Process - The presence of an arbitration clause in the share purchase agreement would not cause any impediment with regard to initiation...

  11. Addition u/s 56(2)(viib) - valuation under Rule 11UA (2) - Even if preferential shares and equity shares are considered to be falling within the purview of Section...

  12. Arbitration award - Validity of appointment of arbitrator - Jurisdiction of High Court while deciding the appeal under Section 37 of the Arbitration Act - The award can...

  13. Principles of natural justice - validity of adjudication order - Exercising a jurisdiction in an irregular manner by an authority is different from exercising a...

  14. Register of significant beneficial owners in a company - a declaration is to be given to the company by every individual acting alone or together or through one or more...

  15. Initiation of CIRP - NCLT admitted the application - Financial Creditors - Share Application Money in the event of non-allotment of shares - Loan/Debt or not - Share...

 

Quick Updates:Latest Updates