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Corporate Law Judgments and Orders

Arbitration and Conciliation Act, 1996

 05 April 2011

The second respondent (referred to as the `Developer') entered into a development agreement with the owners of certain lands at Bachupally village, Qutubullapur Mandal, Ranga Reddy District, for constructing independent houses and multistoried Apartm..

Posted in Corporate Law |   2648 hits

Section 11(6) and (9) of the Arbitration and Conciliation Act, 1996

 09 March 2011

The respondent is a Dutch citizen. He entered into an agreement dated 14th January, 2008 with the petitionercompany whereby the latter appointed him as its marketing representative to promote sale of RFID Tags and Components manufactured by the petit..

Posted in Corporate Law |   3145 hits

Section 34 of the Arbitration and Conciliation Act, 1996

 04 March 2011

Whether the period of limitation for making an application under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act’) for setting aside an arbitral award is to be reckoned from the date a copy of the award is received by t..

Posted in Corporate Law |   7813 hits

Section 209A of the Companies Act, 1956

 10 February 2011

These appeals, by special leave, are directed against the judgment dated 21st February, 2009 delivered by a Division Bench of the High Court of Bombay at Goa whereby the Division Bench has set aside the judgment of the learned Single Judge dated 18th..

Posted in Corporate Law |   3690 hits

Non-member is not entitle to avail concessions of a member

 10 January 2011

Grant of Concession - Entitlement - Petitioner conducted of business without membership since 1997 - Concession granted to members of Travel Agent Association of India (TAAI) by the Government - Whether the Petitioner was entitled to the benefit of..

Posted in Corporate Law |   1977 hits

expression "investment" must be understood according to its common business and commercial usage

 08 January 2011

Consideration to the meaning of the expression 'Investment' under West Bengal Sales Tax Act- whether the word "investment" requires to be understood as the investment made by a Small Scale Industrial Unit after giving depreciation on plant and machin..

Posted in Corporate Law |   2090 hits

Section 211 of the Companies Act

 06 January 2011

For the previous year ending 31.3.2001, relevant to the assessment year 2001-02, the P & L Account showed the charge of depreciation at Rs.127,57,06,000/- which was reduced by transfer from revaluation reserve to the extent of Rs.26,11,74,000/- resul..

Posted in Corporate Law |   3823 hits

Section 20 of the Arbitration Act, 1940

 06 January 2011

Whether letter dated 16.11.1985 issued by the Director of Industries, Uttar Pradesh (appellant No.2) conveying acceptance of the bid given by the respondent for supply of 200 metric tonnes Zinc Sulphate, Agriculture Grade, could be treated as an agre..

Posted in Corporate Law |   4264 hits

The gudwill of the Name of Product Should be Restrained to be Used by some Other Person

 21 December 2010

Trademarks- Passing of Goods ..

Posted in Corporate Law |   1774 hits

Section 74 of the Contract Act

 02 December 2010

Whether clause 6.4.6 of the Interconnect Agreement between Bharat Sanchar Nigam Limited (BSNL) and M/s. Reliance Infocomm Limited is penal or a pre-estimate of damages is the question which arises for determination in this civil appeal?..

Posted in Corporate Law |   4297 hits

No license can be cancelled without proper opportunity of hearing

 27 November 2010

Cancellation of the registration certificate issued to act as Exporter - Whether action of cancellation fair and in compliance with principles of natural justice? ..

Posted in Corporate Law |   2869 hits

High Court had power to Waive the Penality

 27 November 2010

waiver of penalty -Whether the High Court power to interfere by dismissing the Writ Petition would be maintainable? ..

Posted in Corporate Law |   1805 hits

If shareholders were obstructed to deal in shares then company to be penalized

 21 November 2010

Dematerialization request-Application of Regulation 54(5) of the Securities and Exchange Board of India (Depositories and Participants) Regulations, 1996 -Whether the Adjudicating Officer was justified in imposing penalty on the Appellant company? ..

Posted in Corporate Law |   1629 hits

The press release did not amount to an announcement of the global acquisition of the parent company

 21 November 2010

Calculation of offer price in indirect acquisition-Application of The Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997- Whether the Securities and Exchange Board of India was justified in cons..

Posted in Corporate Law |   1705 hits

Board erred in directing the Appellants to recalculate the offer price

 21 November 2010

Acquisition of shares-Board directed the Appellants to work out the offer price of the shares with reference to three dates namely, November 30, 2009, May 29, 2010 and June 7, 2010- whether or not the Board erred in directing the Appellants to recalc..

Posted in Corporate Law |   1534 hits

Hotel is not covered under section 2 (k) of ESIC Act

 15 November 2010

Consideration to definition of manufacturing process defined under Section 2(k) of the Factories Act, 1948 -whether by the provisions of section 2(k)of the said Act it means that hotel of the appellant was involved in a manufacturing process? ..

Posted in Corporate Law |   1520 hits

Section 11 of the Arbitration and Conciliation Act, 1996

 26 October 2010

A loan agreement dated 28.10.1995 was entered between the lender, the borrower, and the third respondent as the guarantor, in regard to the lending of a sum of Rs.50 lakhs. The agreement provided that the amount advanced had to be repaid within three..

Posted in Corporate Law |   3881 hits

Section 11 of the Arbitration and Conciliation Act, 1996

 26 October 2010

Certain disputes having arisen between first respondent and appellants, the first respondent filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 ('Act' for short) and an arbitrator was appointed. The Arbitrator made an..

Posted in Corporate Law |   4803 hits

Section 11(6) of the Arbitration and Conciliation Act

 11 October 2010

This is a petition under section 11(6) of the Arbitration and Conciliation Act (hereinafter called ‘the Act’). While the petitioner is registered under the Companies Act, 1956, the respondent is a company incorporated in Seoul, South Korea with its p..

Posted in Corporate Law |   4248 hits

Lower Rank of Arbitrator cannot be a ground to reject is verdict

 08 October 2010

Arbitral Award - Invalidation of Award passed by Arbitrator of low rank - Scope and interference of Court thereof - Whether Rank of Arbitrator can be a ground to invalidate the Award? ..

Posted in Corporate Law |   1451 hits