Home Case Index All Cases Companies Law HC Companies Law - HC This

Law	-- All -- GST Income Tax Benami Property/ Transactions Customs Corporate Laws Securities / SEBI Insolvency & Bankruptcy FEMA PMLA Service Tax Central Excise CST, VAT & Sales Tax Wealth tax Indian Laws
Court	-- Any -- Supreme Court SC Orders / Highlights High Court Appellate Tribunal Tribunal Appellate authority for Advance Ruling Advance Ruling Authority ANTI-PROFITEERING AUTHORITY Commission Central Government Board DISTRICT/ SESSIONS Court Commissioner / Appellate Authority Other
Citation	--Year-- 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950 Upto 1949 - -Volume- 1 2 3 4 5 6 7 8 9 10 11 12
Landmark	Nil - N/A Referred in >= 3 Cases Referred in >= 4 Cases Referred in >= 5 Cases Referred in >= 10 Cases Referred in >= 15 Cases Referred in >= 25 Cases Referred in >= 50 Cases Referred in >= 100 Cases
Order by	TMI Citation Date of Decision

Advanced Search Options

Companies Law - High Court - Case Laws

Showing 1 to 20 of 9615 Records

More information of case laws are visible to the Subscriber of a package i.e:-
Party Name, Court Name, Date of Decision, Full Text of Headnote and Decision etc.

• 2022 (6) TMI 1188
  
  Transfer of pledge shares - right of pledgee - whether Catalyst can transfer these shares to its name but only for the limited purpose of holding them safely until they are redeemed, sold (after notice to World Crest) or for the purposes of Catalyst’s recovery suit? - Sections 176 and 177 of the Contract Act - HELD THAT:- When there is a default by the pledgor, i.e., the pledgor does not fulfil his promise to pay the debt, the pledgee has the right (but not an obligation) to sue on the date and to continue retention of the pledged goods as a collateral security and also the right to sell the goods but after reasonable notice of the proposed sale to the pledgor. Once sold, the pledgor’s right of redemption is extinguished and forever lost. Until the sale actually occurs, the pledgor is entitled to his right of redemption, again....... + More

  ---

• 2022 (6) TMI 994
  
  Exclusive right to use and develop the land parcels - fraudulent mutation of the ownership entered in the revenue record - validity of order passed by the Daily Lok Adalat - non-speaking order - scheme of demerger taking place - HELD THAT:- It is found that the award dated 09.12.2016 is passed by the Daily Lok Adalat. This award has been passed by the Daily Lok Adalat presided by the Civil Judge (Jr. Divn.) Gurgaon, therefore, it has to be treated alike compromise decree under Order 23 Rule 3 CPC. It is also true that all questions are to be decided in the same suit as the decree is not amenable to appeal and thus fresh independent suit is barred. Petitioner in terms of its pleadings has specifically acquiesced the factum of filing civil suit, execution of exchange deeds and compromise, incorporation of mutations in the revenue record, al....... + More

  ---

• 2022 (6) TMI 927
  
  Prosecution proceedings for Non-disclosure of contribution in the Profit and loss Account - political contribution/donation to the tune of Rs. 10.00 lakhs each in two occasion to a particular party during a financial year 2016-17 - company failed to disclose the political contribution in its profit and loss account - violation of provisions of sub-section (3) of Section 182 of Companies Act - HELD THAT:- On perusal of the records, the petitioner is said to be the Company registered under the Companies Act and it is alleged that during the year 2016-2017, the company has donated Rs. 10.00 lakhs each to a political party but they have not declared the same to the Registrar of the Company as per Section 182 of the Companies Act. Thereby, there is a violation of Sub-section 3 of Section 182 of the Companies Act, whereas the petitioner though ....... + More

  ---

• 2022 (6) TMI 875
  
  Cessation of directorship of the 3rd respondent - seeking approval of e-Form DIR-12 filed by the petitioner - Section 167(1)(b) of Companies Act, 2013 - HELD THAT:- As per the provisions of the Companies Act 2013 and the Companies (Appointment and Qualifications of Directors) Rules, 2014, every company, whether new or existing is required to file an e-Form DIR-12 with particulars of its directors and key managerial personnel of the company with the Registrar, within 30 days from the date of appointment/resignation and of any change taking place in their designations. This court is of the opinion that mere pendency of such complaints shall not be a ground to hold the processing/acceptance of Form DIR-12 filed by the petitioner for cessation of directorship of 3rd respondent and the inaction on the part of the R1/Registrar of Companies by w....... + More

  ---

• 2022 (6) TMI 722
  
  Dissolution of Corporate Debtor - disbursement qua creditors have been made and there has been no claim from contributories - few claims rejected on the ground of non-submission of documentary evidence - HELD THAT:- The captioned main CP has served its purpose i.e., it has outlived its utility. Next year it will be two decades old. Two decades may be contemporary history in a historian's perspective but in litigation, it is clearly vintage nay ancient. This Court is convinced that just and reasonable circumstance exists for acceding to dissolution prayer in the captioned application - OL is permitted to deposit balance in the hands of OL qua said Company in the Public Account of India in the Reserve Bank of India after making permissible Statutory deductions and after incurring permissible expenses i.e., permissible under said Act and....... + More

  ---

• 2022 (6) TMI 504
  
  Prosecution for offence under Section 68A - allegation of acquiring shares in fictitious name - Purchase of share jointly in the name of God and in the name of a person - inspection conducted under Section 209A of the Act - period from 04.05.2006 to 13.06.2006 - failure to verify the physical share certificate of the company - HELD THAT:- It is not in dispute that the payments for the shares were made by the petitioner. It is also not in dispute that the shares were in the name of the Shri Venkatachalapathy and the petitioner jointly. Had the petitioner had any intention, he would not have given his own address for Lord Venkatachalapathy. PW2 admitted that Shri Venkatachalapathy and the petitioner are joint shareholders of the shares and the application was made and signed by the petitioner giving his own address. The petitioner in his re....... + More

  ---

• 2022 (6) TMI 503
  
  Dissolution application - HELD THAT:- This Court is convinced that just and reasonable circumstances exist for acceding to the dissolution prayer in the captioned dissolution application - the said company stands dissolved and OL stands discharged.

  ---

• 2022 (6) TMI 391
  
  Review application - error apparent on the face of record - investments in equity - non-production of share certificates - HELD THAT:- Under FEMA, investments in equity are permitted under the automatic route currently and the same avenue was also open when remittances were made by the first Review Applicant. The automatic route refers to general permission to make investments by way of FDI without the prior approval of the RBI subject to post-remittance compliances such as the issuance of FIRCs by the AD and the filing of Form FC-GPR to report the remittances to the RBI. The rationale for allowing such remittances under the automatic route is that the inflow of foreign exchange is bolstered and given the nature of equity, outflow is generally limited to dividend payouts. By contrast, borrowing by an Indian company from a non-resident is ....... + More

  ---

• 2022 (6) TMI 390
  
  Appointment of Cost auditors - whether the first petitioner- Company has not appointed Cost Auditor within the prescribed limits as contemplated under the proviso to Section 148 of the Companies Act? - liability for punishment under Section 148 of the Companies Act - HELD THAT:- Sub-section (2) of Section 148 of the Companies Act, 2013, makes it clear that the Central Government may direct that the audit of cost records of class of companies which are covered under sub-section (1) and which have a net worth of such amount as may be prescribed or a turnover of such amount as may be prescribed, shall be conducted in the manner specified in the order. The amendment of Rule 4(2) of the amended Companies (Cost Records and Audit) Rules, 2014 shows that the aggregate turnover in respect of individual product or products or service or services fo....... + More

  ---

• 2022 (6) TMI 389
  
  Punishment for false statement - Defect in preparation of profit and loss account of the company - amount of bad debt written off - main contention of the learned counsel appearing for the petitioner is that the entire prosecution is nothing but an abuse of process of law and there is no details containing the entire complaint as to the nature of suppression of material facts to attract the offence either under Section 447 or 448 of the Companies Act - HELD THAT:- A combined reading of Sections 447 and 448 makes it very clear that there must be some material evidence to proceed against the person either by way of finding that there has been a fraud committed by a person or there was suppression of material facts with intention to suppress the same. To initiate the prosecution either under Section 448 or to attract the punishment under Sec....... + More

  ---

• 2022 (6) TMI 316
  
  Violation of principles of natural justice - Validity of prosecution proceedings - service of SCN - Case of petitioners is that, prior to launching the criminal prosecution, no show cause notice was given to the petitioners - HELD THAT:- Initiation of criminal proceedings without giving show cause notice is against the principles of natural justice. There is no mentioning in the complaint about issuance of show cause notice. There is also no proof filed to show issuance of show cause notice and its service on the petitioners. If show cause notice had been given, petitioners would have got the opportunity for rectifying their defects. When that opportunity is not given, criminal prosecution is liable to be quashed. There is no specific averment made in the complaint as to whether the Directors are responsible for the offences alleged to ha....... + More

  ---

• 2022 (6) TMI 286
  
  Vicarious liability of partner of the firm - separate identity of partnership firm - summons issued to the petitioner - reply to the notice not received - violation of Section 240 (3) of Companies Act - HELD THAT:- It is revealed that the respondent SFIO filed private complaint against the petitioner for the offence punishable under section 240 (3) of Companies Act alleging that the petitioner was appointed as an Auditor of the company and notice was issued by the respondent for furnishing some details of the Company and he has filed to furnish. Therefore the offence was committed by the petitioner, hence liable for punishment and penal action. A partnership firm is not a corporate entity, it does not have a separate legal persona and this has several important legal consequences in the relationship between the parties all rights and duti....... + More

  ---

• 2022 (6) TMI 176
  
  Discrepancies in disclosures while preparing Balance Sheet - Period of limitation for filing Complain by the ROC - Condonation of delay - Non factoring the previous years figures of Fixed assets and value of inventory - Issuance of summon to face trial filed under Section 211(7) of the Companies Act, 1956 - non-compliances with the provisions of Section 211 of the Companies Act, 1956 - HELD THAT:- It would have been quite simple for this Court to have considered the question of limitation, but for the fact that both the complaints were accompanied with applications for condonation of delay. While taking cognizance, the learned Trial Court has to apply its mind as to whether the complaint presented was within the period of limitation or not. The learned Trial Court must also consider whether there were sufficient grounds to condone the del....... + More

  ---

• 2022 (5) TMI 1315
  
  Seeking grant of Bail - second bail application - fraudulent merchantine trade - wrongful loss to the Public Sector Banks - siphoning of Bank funds through merchantine trade - falsification of financial statement of the Companies involved in the matter by not showing true and fair views - HELD THAT:- As is evident from the record, earlier an F.I.R. was lodged on behalf of the C.B.I. on the basis of same set of facts on which present compliant has been filed. Applicant was enlarged on bail. Thereafter, he was again arrested in the present matter started by the S.F.I.O. Applicant moved bail application before this Court, which was rejected. Thereafter, he approached the Apex Court and was allowed on interim bail. Applicant withdrew the Special Leave Petition with liberty to approach the High Court or the court below. Thereafter, this second....... + More

  ---

• 2022 (5) TMI 1212
  
  Seeking grant of anticipatory bail - Conspiracy - tracing of money trail - recovery of cheated amount - HELD THAT:- Undoubtedly, the State has verified the factum of the applicant having undergone targeted Chemotherapy on 20.01.2021 with he having been diagnosed with Prostate Cancer, Stage-4 in March 2019, as per the synopsis filed on 26.02.2021 by the State and the applicant he has been taking medicines for the said Chemotherapy and undergoing Chemotherapy sessions since 2019. The documents of the Action Cancer Hospital that the applicant has placed on record indicates that as on 20.01.2021, the applicant had been admitted for Chemotherapy and was scheduled for Chemotherapy on 21.01.2021. The said document annexed to the written submissions of the applicant dated 08.02.2021 also indicates that the applicant was being discharged in a stab....... + More

  ---

• 2022 (5) TMI 147
  
  Seeking dissolution of company - Section 481 of the Companies Act, 1956 - HELD THAT:- Though it cannot be gainsaid that the OL is unable to proceed with the winding up of said company for want of funds, it is clear that just and reasonable circumstances exist for acceding to the dissolution prayer. These reasonable circumstances are as alluded to/delineated. This takes this order back to the seven limbed prayer in the captioned company application - it would be appropriate that the undistributed funds in the hands of OL, the details of which have been captured in the said report, shall be deposited in the appropriate Public Account of India in the Reserve Bank of India after making permissible standard statutory deductions and after incurring reasonable incidental expenses as permissible under the statute and the Rules threat i.e., said Act and Rules therein. The company is dissolved - application allowed.

  ---

• 2022 (4) TMI 1166
  
  Dissolution of Company - Section 497(6) of the Companies Act, 1956 - HELD THAT:- All necessary compliances have been carried out - The Company in liquidation is ordered to be dissolved in terms of Section 497(6) of the Companies Act, 1956, from the date of submission of this report this Court and the Voluntary Liquidator is directed to preserve the Books of Accounts of the Company (In members’ Vol. Liqn.) for the period of 5 years from the date of dissolution of the Company in terms of resolution passed at the meeting held on 31.07.2020. The Voluntary Liquidator of M/s. Machinery & Equipment Manufacturers Private Limited to pay ₹ 7,500/- towards cost for submitting this report to the office of Official Liquidator. Report is disposed off.

  ---

• 2022 (4) TMI 1043
  
  Legality of detention/custody of the applicant - detention, post filing of charge sheet - cognizance of the complaint not taken - whether the detention/custody of the applicant i.e. remand orders are illegal, since the Special Court has not taken cognizance of the complaint filed by the SFIO, even after filing of the complaint? - HELD THAT:- The Court can remand an accused person to custody, under sub-section (2) of Section 309, pre and post filing of charge-sheet/complaint. On a plain reading of Section 309, it is evident that the said provision applies to an ‘inquiry’ or ‘trial’. The question is, when inquiry commences within the meaning of sub-section (2) of Section 309 - the issue of ‘taking cognizance’ has been dealt with by the Supreme Court in a catena of decisions. In a nutshell, the expression ....... + More

  ---

• 2022 (4) TMI 1042
  
  Admissibility of Winding up petition filed invoking Sections 433 (e) and (f) of the Companies Act, 1956 - appointment of the Official Liquidator - HELD THAT:- According to the petitioner (the respondent in the appeal), the respondent Company (the appellant in the appeal) is indebted to it for more than 24 million USD. The petitioner had given notice to the Company, as required under Sections 433 and 434 of the Act on 21.01.2015, which was duly served, which was not responded. On these points, there is no dispute. For this reason, the deeming fiction under Section 434 (1) (a) of the Act would come in play and in view of the provision of Section 439 (1) (b) of the Act, the petitioner, whose status is of a creditor, would be entitled to move this Court for winding up of the Company, which it has done. The admission of the winding up petition....... + More

  ---

• 2022 (4) TMI 631
  
  Suit seeking mandatory and permanent injunction against the defendants - seeking restraint from passing off and violating the registered trademark and trade names of the defendant no. 4 Company - seeking declaration in respect of the properties purchased by the defendants from the income and revenue of the defendant no.4 Company - Order VII Rule 10 of the CPC - HELD THAT:- Admittedly, some of the reliefs claimed in the plaint, which pertain to enforcement of intellectual property rights, can only be granted by a Civil Court and cannot be a subject matter of proceedings under the Companies Act, even as per the contesting defendants. Even if the contention of the contesting defendants is accepted that there is similarity of reliefs sought in the present suit with the relief sought under the Company Petition, whereby the defendants are sough....... + More

  ---

12345........ 481