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 May 2024 Year 2024 This

The CLB, under Section 10E of the Companies Act, 1956, was found ...


Company Law Board Lacks Contempt Power; Appeals Merge Orders, Directors Must Comply with Payment to 3A Capital.

May 21, 2024

Case Laws     Companies Law     AT

The CLB, under Section 10E of the Companies Act, 1956, was found to lack the power to punish for contempt of its order. - The power to punish for contempt of the CLB's order was discussed in relation to Section 425 of the Act, which does not grant the CLB such authority. - The jurisdiction of the CLB to issue contempt notice was analyzed based on Section 434(1)(a) of the Act, which transfers pending matters to the Tribunal. - The doctrine of merger was applied, stating that the CLB's order had merged with the Guwahati High Court's order due to subsequent appeals. - The directors' appeal was allowed, with the Tribunal noting their lack of control over the Company's affairs but holding them bound by the order until payment to 3A Capital is made.

View Source

 


 

You may also like:

  1. Dishonour of Cheque - entitlement to power of attorney holder to depose further delegate / appoint special counsel - the power of attorney holder was appointed under the...

  2. Contribution for allotment of equity shares - This Bench is of the view that whether a company is in genuine need of more capital or not, and the route to be adopted for...

  3. Director who does not possess DIN would not be legally entitled to participate in the proceedings of the meeting of Board of Directors. Consequently, a resolution passed...

  4. Cessation of directorship of the 3rd respondent - seeking approval of e-Form DIR-12 filed by the petitioner - The petitioner company, through its Board of Directors and...

  5. Increased in authorized capital - Change in registered office - CLB has declared the action the company as illegal - If the conduct of the appellant before the Board...

  6. Disqualification of a director of the financial creditor to sign the Section 7 application was challenged. The application u/s 7, signed by the director of the financial...

  7. Companies (Meetings of Board and its Powers) Amendment Rules, 2019

  8. Sale of property of the company to the third parties - oppression and mismanagement - it is quite clear that the even though the sales made in the years 2013 and 2014...

  9. Contempt proceedings - The Tribunal (NCLT) and the Appellate Tribunal (NCLAT) have the same ‘jurisdiction’, ‘powers’ and ‘Authority’ in respect of contempt of it as the...

  10. CIRP - Home Buyers - Moratorium against the company has been ordered - The Supreme Court's decision in this case clarifies that the moratorium u/s 14 of IBC does not...

  11. Revision u/s 263 - loss incurred by the Directors - trading activity in F & O undertaken on behalf of the company - The trading of sale and purchase of shares done by...

  12. Dishonor of Cheque - vicarious liability of Directors in the company - There is no specific averment in the complaint to the effect that the petitioners who are all the...

  13. Dishonor of Cheque - insufficiency of funds - existence of company after merger - When under a judicial order, merger of the Companies has taken place, the earlier...

  14. NCLAT dismissed the appeal challenging a procedural order related to a company petition. The tribunal held that the impugned order did not dilute any party's rights and...

  15. Disqualifications for appointment of a Directors - if the default is committed by company A by not filing financial statements or annual returns, the said director of...

 

Quick Updates:Latest Updates