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Corporate Law Judgments and Orders

Application for substitution of name be considered

 20 April 2010

Customs-Principles of Natural justice-Amendment of consignee's name in IGM-Section 30 of Chapter VI of the Customs Act-Petitioner applied to Customs Authorities to seek Amendment to the IGM so as to substitute his name as consignee in place of notifi..

Posted in Corporate Law |   2076 hits

Section 11B cannot be invoked in respect of the alleged misc

 11 March 2010

Company -Alleged misstatement of facts in prospectus of company and misguiding investors - Restraint order from assessing securities market - Power of SEBI to issue directions - Section 11B of the Securities and Exchange Board of India Act, 1992 - SE..

Posted in Corporate Law |   2404 hits

In terminating delership, fairness is must

 11 March 2010

Commercial - Termination of dealership agreement - Validity thereof - Opportunity of hearing and sufficient notice as to proceedings not given - Whether the dealership of the Respondent No. 1 had been validly terminated in accordance with Clause 58 o..

Posted in Corporate Law |   1202 hits

Demarcated space made available in the warehouse by logistic

 06 March 2010

Seagate Singapore International Headquarters Pvt. Ltd. (applicant) was engaged in the business of manufacture and sale of Hard Disk Drives (disks). It has been supplying disks to Original Equipment Manufacturers (OEMs) in India. In order to minimize ..

Posted in Corporate Law |   2668 hits

Lifting the Corporate Veil

 01 March 2010

The courts have been more prepared to pierce the corporate veil when it feels that fraud is or could be perpetrated behind the veil. The courts will not allow the Salomon principal to be used as an engine of fraud. ..

Posted in Corporate Law |   5327 hits

RBI’s approval does not put a seal of approval on true chara

 08 February 2010

RBI’s approval does not put a seal of approval on true character of a transaction from perspective of transfer pricing regulation, Lending or borrowing money between two associated enterprises come within the ambit of international transaction an..

Posted in Corporate Law |   1405 hits

Co-operative Bank entitled to deduction u/s 80P(2)(a)(i) on

 08 February 2010

The appeal had been admitted to examine the following question of law : (1) Whether, the Tribunal was correct in holding that the Assessing officer had to record his reasons and based on those reasons form his opinion that the income has escaped a..

Posted in Corporate Law |   2106 hits

Transfer Pricing is Applicanble in Interest free Loans advan

 05 February 2010

* The Taxpayer, a company incorporated in India, was engaged in the business of designing and developing technology-enabled business transformation solutions and providing business consulting, systems integration services and software solutions a..

Posted in Corporate Law |   3886 hits

Section 4 of Securities Contracts (Regulation) Act, 1956 do

 31 January 2010

he Bombay High Court held that the writ petition, which was lacking in particulars relating to the constitutional challenge, was not the appropriate remedy for the petitioner, who, along with a member of the Stock Exchange, had traded in the shares o..

Posted in Corporate Law |   3023 hits

Dispute Resolution Penal to Pass Speaking Order-Delhi High C

 28 January 2010

In cases where a taxpayer has not been provided an opportunity of being heard by the Transfer Pricing Officer, the taxpayer is entitled to raise all objections and furnish necessary evidence to the Dispute Resolution Panel (DRP). The DRP has to pass ..

Posted in Corporate Law |   3496 hits

Court orders approving amalgamation are covered within the a

 28 January 2010

1. A scheme of amalgamation was filed before the Delhi High Court for merger of 15 subsidiary companies with the parent company, Delhi Towers Limited under section 394 of the Companies Act, 1956 (Companies Act). 2. The scheme was approved by ..

Posted in Corporate Law |   4478 hits

a taxpayer is not precluded from minimizing its tax burden w

 26 January 2010

This is a recent ruling of the Authority for Advance Rulings (AAR) [2010-TIOL-01-ARA-IT] in the case of Star Television Entertainment Ltd. (STEL), 2 other group entities and 3 of their shareholders (together referred to as Applicants)on whether the s..

Posted in Corporate Law |   1890 hits

High Court declined to stay Company Law Board order on Gold

 25 January 2010

Indiabulls had filed an FIR on July 25, 2009 against Dalmia and a few other directors of GHCL alleging he had duped it of Rs 641 crore. It alleged that Dalmia had issued bogus shares of Golden TobaccoCompany and GHCL as collateral. The two parties, h..

Posted in Corporate Law |   3327 hits

Rate of depreciation applicable to bridges and flyovers cons

 08 January 2010

Roads, flyovers bridges etc., constructed and owned by an infrastructure company and utilised in its business of providing infrastructure is the tool of its trade and an essential adjunct to its business and not merely a setting in which the business..

Posted in Corporate Law |   2768 hits

SATYAM COMP. SERVICES TO TECH MAHENDRA -CLB -ORDER

 11 November 2009

1. An apt title to this order could be “Adoption of Orphan Satyam”. Or “Orphan Satyam Adopted”. Apparently a healthy and smiling company, having won various laurels-mostly in relation to corporate governance, became a weeping orphan overnight ..

Posted in Corporate Law |   4759 hits

Bad tacts of Insurance companies

 18 September 2009

The insurance companies in genuine and bona fide claims of the insurers should not adopt the attitude of avoiding payments on one pretext or the other.This attitude puts a serious question mark on their credibility and trustworthiness of the insu..

Posted in Corporate Law |   1614 hits

Arbitration clause - form not nessecery

 29 July 2009

The Arbitration and Conciliation Act, 1996, which defines `arbitration agreement' u/s 7, does not prescribe any form for the purpose nor does it require an arbitration agreement to be in any particular form. What is required is to gather the intent..

Posted in Corporate Law |   2088 hits

Insurance - Non disclosure of change in health

 11 July 2009

Instead of the Corporation sending any notice to the proposer that the acceptance by them of the premium and the risk would be subject to the condition that the health of the life proposed should remain meanwhile unaffected, the proposer himself had..

Posted in Corporate Law |   2754 hits

no recovery could be made personally from Directors in respe

 27 June 2009

Notices demanding central sales tax arrears from Director assailed. Impugned issue contended by petitioner as settled by High Court decisions holding that no recovery could be made personally from Directors in respect of liability of company. Company..

Posted in Corporate Law |   3472 hits

Section proviso sec. 11AC CEA

 27 June 2009

Dealer-respondent engaged in manufacture of unprocessed woven fabrics, chenille fabrics and pile fabrics falling under Chapter 54, 55 and 58 of Central Excise Tariff Act, 1985. There is no increase or decrease in assessment of duty of excise. Alterat..

Posted in Corporate Law |   2265 hits