STATE TAX OFFICER (1) VS RAINBOW PAPERS LIMITED DATED 6TH SEPTEMBER 2022 IN THE SUPREME COURT OF INDIA CIVIL APPEAL NO. 1661 OF 2020   BRIEF FACTS The respondent, a company within the meaning of the Companies Act, 2013 is engaged in the business of manufacture and sale of Crafts and Oars within and outside the State of Gujarat since 16th April, 1990.......

QUESTION: MCL is a public limited company, which has its equity shares listed on both BSE Limited and National Stock Exchange of India Limited. CPPL is a part of the promoter group of MCL since it is closely held by certain promoters of MCL. However, currently CPPL neither holds any equity shares in MCL nor has any role in the management of MCL. The ‘Promoter and Promoter Group’ of......

QUESTION Dr. Sen, an industrial chemist with 15 years of experience, has recently been appointed to the post of Chief Executive Officer (CEO) of Pharma Ltd., a listed company. He has previously been employed in the company as Research Director. In preparation for his new assignment, he has been trying to get to grips with the concept of  corporate governance and all that it entails. The boa......

Nevada Properties Pvt Ltd  Vs. The State of Maharashtra Supreme Court  Criminal Appeal No.1481 of 2019 [@ S L P (CRL) No. 1513 of 2011] Dated 24/09/2019   The Apex Court held that – The power of a Police Officer does not extend to seizure of an immovable property   SECTION 102 IN THE CODE OF CRIMINAL PROCEDURE, 1973 Power of p......

Dear Friends, As you are aware that people are utilizing Partnership Model to evade tax payment on transfer of properties. The trick used till date was holding Real Estate Assets in the name of Partnership Firm, revaluing the assets to current market price, bringing the new partners, who will infuse cash in the firm, then old partners withdraw funds come into their Capital Accounts on the basis o......

IBBI  Vs. STATE BANK OF INDIA & ORS Date of decision: 28th November 2022 W.P.(C) 10189/2018 & CM APPL. 39715/2018 Hon’ble Delhi High Court BRIEF FACTS: 1. The present writ petition has been filed by the Petitioner - Insolvency and Bankruptcy Board of India (hereinafter, “IBBI”) challenging the impugned order dated 5th September, 2018 passed ......

THE REGIONAL MANAGER UNITED INDIA INSURANCE COMPANY LIMITED Vs. MASTER THARUN C. GOWDA & OTHERS.Case NO: M.F.A.NO.5197/2014 KARNATAKA HIGH COURT   KARNATAKA HIGH COURT HELD THAT- the burden lies on the insurance company to prove that licence of the driver of vehicle which met with an accident was fake, by examining the author of the document (RTO), and unless the sa......

Positiveedge Technology Pvt. Ltd. & Ors. (Appellants)vs. Asmita Katdare & Ors. (Respondents)- NCLAT Dated: 18/11/2020   HELD THAT: The Companies Act, 2013 vide chapter IV specifically regulates the mechanism for Transfer & Transmission of Securities. Hence, as per Section 430 of the Companies Act, 2013 “Civil Court not to have Jurisdiction” on su......

Ashish O. Lalpuria (Appellant) vs. Kumaka Industries  Ltd. & Ors. (Respondents) - Dated: 20.10.2020 [NCLAT]   HELD THAT -The non-compliances and irregularities or any illegal act already committed by the company cannot be ratified under the umbrella of “Scheme of Arrangements” as  envisaged under Section 230-232 of the Companies Act, 2013.   ......

Volkswagen Finance Private Limited (Appellant) vs. Shree Balaji Printopack Pvt. Ltd & Ors.  (Respondents) Dated: 19.10.2020 [NCLAT].   HELD THAT- ‘Charge’ was not registered as per the provisions of Section 77 (1) of the Companies Act, 2013 and as envisaged under the Insolvency and Bankruptcy Code, 2016, hence the Creditor cannot be treated as ......

M/s Vintage Hotels Private Limited & Ors. (Appellants) vs. Mr. Ahamed Nizar Moideen Kunhi  Kunhimahin (Respondent) Dated: 12.11.2020   HELD THAT- The Discretionary Power of Directors to refuse ‘Transfer of Shares’ is not to be resorted  to in a deliberate or arbitrary fashion but in good faith. The Directors are to give due  weightage to s......

AAAR UTTARAKHAND -WHETHER CANTEEN FACILITY PROVIDED BY EMPLOYER TO EMPLOYEES BY RECOVERING NOMINAL COST IS “ SUPPLY” UNDER GST ACT, 2017 BRIEF FACTS: The applicant recovers nominal amount from the employees for canteen facility - The applicant discharge GST @5% on the taxable value which is sum total of the cost of the canteen service provider plus 10% notional mark up. QUESTIONS R......

           PRAICY JOSEPH Vs. 1.     REGIONAL TRANSPORT OFFICER (REGISTRATION AUTHORITY), ERNAKULAM, 2.     INCHEON MOTORS PRIVATE LIMITED WP(C) NO. 37193 OF 2022 (Y) BRIEF FACTS: In this case, the petitioner purchased a brand-new motor car (KIA-CARENS) from the second responde......

DINABANDHU ALUNI & ANR. Versus DR. ALOKE KUMAR BHUSHAN & 2 ORS. REVISION PETITION NO. 331 OF 2021NCDRC -NEW DELHI   BRIEF FACTS: The present Revision Petition has been filed by the Petitioner against the Order dated 31.12.2019, passed by the West Bengal State Consumer Disputes Redressal Commission, Kolkata (in short, the ‘State Commission’) in First ......

RAJIV CHAKRABORTY RESOLUTION PROFESSIONAL OF EIEL Vs. DIRECTORATE OF ENFORCEMENT W.P.(C) 9531/2020, CM APPL. 30578/2020(Direction) CM APPL. 22986/2022(Amendment) ISSUE: whether a moratorium that comes into effect in terms of Section 14 of the Insolvency and Bankruptcy Code, 2006, would have on the powers of the Enforcement Directorate  to enforce an attachment under the prov......

M/S SCIEMED OVERSEAS INC v. BOC INDIA LIMITED & ORS [SC] Special Leave Petition (C) No. 29125 of 2008 BRIEF FACTS: The facts are complicated. Suffice to mention that the appellant was the successful bidder in a work contract which was challenged by the respondent. In the proceedings, the appellant filed an affidavit to the effect that nearly 85% of the work had bee......

APOLLO TYRES LTD. v. PIONEER TRADING CORPORATION & ANR [DEL] CS (OS) 2802/2015   QUESTION- Tread pattern of truck tyre – Whether entitled to copyright protection? Held -Yes BRIEF FACTS: The Plaintiff manufactures truck tyre Endurance LD 10.00 R20, with a peculiar tread patter over which it had claimed proprietary rights. The defendant also manufactu......

METERS AND INSTRUMENTS PVT. LTD & ANR v. KANCHAN MEHTA [SC] Criminal Appeal No. 1731-33 of 2017   THE APEX COURT -GUIDELINES ON COMPOUNDING OF OFFENCE U/s. 138 OF NI ACT,1881 BRIEF FACTS : These appeals have been preferred against the order of the High Court of Punjab and Haryana where the High Court rejected the prayer of the appellants for compounding the offence unde......

Vineeta Sharma v. Rakesh Sharma & Ors. Supreme Court of IndiaThe Hindu Succession Act, 1956   BRIEF FACTS: Several appeals on the issue of retrospective effect of Section 6 of the Hindu Succession Act was filed before the Hon’ble Supreme Court. In one of the cases, One Ms. Vineeta Sharma (Appellant) filed a case against her two brothers viz. Mr. Rakes......

Shailendra Swarup v. The Deputy Director, Enforcement Supreme Court of India   BRIEF FACTS: Modi Xerox Ltd. (MXL) was a Company registered under the Companies Act 1956 in the year 1983. Between the period 12.06.1985-21.11.1985, 20 remittances were made by the Company-MXL through its banker Standard Chartered Bank. The Reserve Bank of India issued a letter......