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Corporate Law Judgments and Orders

Cmpetition Commission cannot order for Investigation

 27 September 2010

Unfair Trade Practice - Use of Dominant Position in market to gain agreement - Deprivation of fair competition thereof - Challenge against thereto - Sections 26, 57 of Competition Act, 2002, - Competition Commission of India (General) Regulations, 20..

Posted in Corporate Law |   2206 hits

Section 34 of the Arbitration & Conciliation Act, 1996

 16 August 2010

In the year 2000, the second respondent entered into an agreement with TRW, a manufacturer and supplier of automotive equipments, to provide engineering and IT services. They agreed to sub-contract the automotive engineering works to the second respo..

Posted in Corporate Law |   4340 hits

Section 34 of the Arbitration and Conciliation Act, 1996

 30 July 2010

A petition under section 34 of the Arbitration and Conciliation Act, 1996 (‘Act’ for short) was filed by the appellant on 11.3.2008, challenging the arbitral award. The petition was accompanied by an application under sub-section (3) of section 34 of..

Posted in Corporate Law |   5390 hits

Warranty Period

 24 July 2010

Pearlite Liners Ltd. vs Thermo Jarrell Ash Corporation And Anr..

Posted in Corporate Law |   1609 hits

UPS Purchase

 22 July 2010

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Posted in Corporate Law |   1478 hits

defecdtive machine

 22 July 2010

Jai Industries vs N. Babhraiah Acharya And Ors..

Posted in Corporate Law |   1442 hits

Warranty Period

 22 July 2010

Pearlite Liners Ltd. vs Thermo Jarrell Ash Corporation And Anr..

Posted in Corporate Law |   2678 hits

electricity supply

 22 July 2010

Karnataka Power Transmission Corpn Vs Ashok Iron Works Pvt. Ltd Section 2(1) in The Registration Act, 1908 Section 2(1) in The Companies Act, 1956 Section 2(1)(o) in The Consumer Protection Act, 1986 Section 3 in The Registration Act, 1908 S..

Posted in Corporate Law |   1721 hits

electricity supply

 22 July 2010

Karnataka Power Transmission Corpn Vs Ashok Iron Works Pvt. Ltd Section 2(1) in The Registration Act, 1908 Section 2(1) in The Companies Act, 1956 Section 2(1)(o) in The Consumer Protection Act, 1986 Section 3 in The Registration Act, 1908 S..

Posted in Corporate Law |   1642 hits

SEBI has powers under section 247 of Companies Act to invest

 08 July 2010

Alleged Misstatement in Red Herring Prospectus by DLF - Statutory duty of SEBI - Merely because the public issue was closed, whether SEBI can presume to be relieved of its statutory duty to conduct an enquiry into the Complaint and into the veracity ..

Posted in Corporate Law |   2647 hits

Provident Fund

 11 June 2010

Employees' Provident Funds & Miscellaneous Provisions Act, 1952, s. 7A - Respondent claimed in-fancy protection under the provisions of the Act - The appeal is sans merit, deserves dismissal..

Posted in Corporate Law |   1578 hits

A company cannot be described a party to arbitration if it has not signed contract

 08 June 2010

Party to Contract - Determination thereof - Whether a company could be said to be a party to a contract containing an arbitration agreement, even though it did not sign the agreement containing an arbitration clause, with reference to its subsequent ..

Posted in Corporate Law |   2575 hits

LANDMARK JUDGEMENT OF THE HON'BLE GUJARAT HIGH COURT

 04 June 2010

CONSUMER COURTS/COMMISSION HAVE NO JURISDICTION TO ENTERTAIN COMPLAINTS RELATING TO ELECTRICITY SUPPLY, VIZ. THEFT OF ELECTRICITY U/S.135 AND UNAUATHORISED USE U/S.126 OF THE ELCTRICITY ACT 2003. 3 SEPARATE FORUMS SUCH AS GRIEVANCE REDRESSAL FORUM; ..

Posted in Corporate Law 2 comments |   17734 hits

Arbitrtion clause is binding only for the parties contracting

 17 May 2010

Binding effect of Arbitration clause present in the Agreement - Whether an arbitration clause found in an agreement between two parties, could be considered as binding on a person who is not a signatory to the agreement? ..

Posted in Corporate Law |   2434 hits

Judgment del. the SC on 11.5.2010 for the NCLT for your inf

 13 May 2010

These appeals arise from the order dated 30.3.2004 of the Madras High Court in WP No. 2198/2003 filed by the President of Madras Bar Association (MBA for short) challenging the constitutional validity of Chapters 1B and 1C of the Companies Act, 1956(..

Posted in Corporate Law |   1941 hits

Sections 397, 398, 402 and 403 of the Companies Act, 1956

 12 May 2010

The Petitioners herein filed Company Petition No.69 of 2006 before the Additional Principal Bench of the Company Law Board at Chennai under sections 397, 398, 402 and 403 of the Companies Act, 1956, alleging mismanagement and oppression by the major..

Posted in Corporate Law |   4889 hits

U.P. Power Corporation Limited and others Versus M/s Amausi Textile Mills Limited and another

 12 May 2010

Respondent No.1 is running a spinning mill and is a consumer of electricity supplied by appellant No.1. In 1994, a notice was issued to respondent No.1 to pay the dues of electricity amounting to Rs.19,15,929.20. After paying a sum of Rs.3,02,668/-, ..

Posted in Corporate Law |   2135 hits

Section 40 of the Kerala Court-Fees and Suits Valuation Act, 1959

 11 May 2010

This appeal filed for setting aside order dated 21.7.2008 passed by the learned Single Judge of Kerala High Court in Writ Petition No.21820 of 2008 whereby he declined to interfere with the direction given by Sub Judge, Palakkad (hereinafter describe..

Posted in Corporate Law |   5114 hits

The Amravati District Central Co-operative Bank Ltd. Vs. Un

 20 April 2010

In pursuance of a Banker’s Indemnity Insurance Proposal dated 1.7.1976 from the appellant (‘Bank’), the respondent (‘Insurer’) issued a Renewal Insurance Policy covering the period 1.7.1976 to 1.7.1977. The policy indemnified and insured the Bank aga..

Posted in Corporate Law |   3358 hits

Waehouse charges are to be cleared till custom clearance

 20 April 2010

Customs - Writ Petition - Demand- Demurrage charges - Consignment was stored at the warehouse of Respondent-Delay in removal of consignment was because of delay in assessment by Customs Authority- Hence, petitioner sort for waiver the warehouse charg..

Posted in Corporate Law |   1430 hits