Companies Act 2013

injunction under Arbitration act to restrain board meeting
Case BriefsHigh Courts

The remedy under Section 9 is equitable, discretionary in nature and primarily exercised to preserve subject matter of arbitration or to prevent frustration of arbitral proceedings. Such power must be exercised cautiously, particularly where interim relief sought effectively amounts to grant of final relief or impinges upon statutory powers conferred under Companies Act, 2013.

2024 SCC Vol. 10 Part 2
Cases ReportedSCC Weekly

Bombay Stamp Act, 1958 (60 of 1958) — Ss. 33, 34, 37, 4(2), 4(1) and Sch. I Art. 25 Expln. I — Stamp duty on agreement to sell — Liability to pay under the 1958 Act

National Financial Regulatory Authority Lexus Granito India Ltd
Case BriefsTribunals/Commissions/Regulatory Bodies

It is the duty of the auditor to conduct audit with professional skepticism and due diligence and report their opinions in an unbiased manner and the same was not done in this case.

charge of secured creditor
Case BriefsSupreme Court

“Provisions in the Customs Act, 1962 do not negate or override the statutory preference in terms of Section 529A of the Companies Act, 2013”.

section 140(5) of the companies act
Case BriefsSupreme Court

Supreme Court observed that if the interpretation that once an auditor resigns, the proceedings under Section 140(5) stand terminated and are no longer further required to be proceeded, an auditor may resign to avoid Tribunal’s final order and its consequence as provided under the second proviso to Section 140(5).

Cases ReportedSCC Weekly

Central Goods and Services Tax Act, 2017 — S. 174(2)(c) — Scope of: First part protects any right, privilege, obligation, etc. under

Case BriefsSupreme Court

The Supreme Court observed that the important role of the Regulator cannot be circumvented by simply asking for rectification under Section 111A of the Companies Act, 1956.

Legislation UpdatesRules & Regulations

    On 2-1-2023, the Ministry of Finance has notified the Securities Contracts (Regulation) Amendment Rules, 2022 to amend the Securities Contracts

Delhi High Court
Case BriefsHigh Courts

The Delhi High Court ruled that the moratorium granted by the NCLAT, staying the institution of suits and proceedings against the Corporate Debtor, after the resolution process was initiated against it under Sections 241 and 242 of the Companies Act, 2013, was akin to an order of moratorium passed under Section 14 of the Insolvency and Bankruptcy Code, 2016.

Cases ReportedSCC Weekly

Arbitration and Conciliation Act, 1996 — Ss. 7, 8 and 11 — Essential requirements of arbitration agreement: When there is discernible intention

Case BriefsHigh Courts

    Calcutta High Court | While dismissing a writ petition challenging the capacity of Registrar of Companies (ROC) to initiate multiple/

Op EdsOP. ED.

by Kritika Krishnamurthy† and Tapasi Mohapatra††

Op EdsOP. ED.

by Aditya Vikram Jalan† and Urvashi Misra††

NCLAT
Case BriefsTribunals/Commissions/Regulatory Bodies

    National Company Law Appellate Tribunal (NCLAT): While deciding the instant appeal filed by Precious Energy Services Ltd., against the order

National Company Law Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

National Company Law Tribunal, Kochi: Expressing that the management of business affairs in a company is not a sole duty of a

Case BriefsTribunals/Commissions/Regulatory Bodies

National Company Law Appellate Tribunal (NCLAT)- The Coram of Justice Jarat Kumar Jain (Judicial Member), Ashok Kumar Mishra (Technical Member), and Alok

Case BriefsSupreme Court

Proceedings for winding up of a company are proceedings in rem to which the entire body of creditors is a party, hence, by a deeming fiction the petition by even a single creditor is treated as a joint petition.

Case BriefsTribunals/Commissions/Regulatory Bodies

National Company Law Appellate Tribunal (NCLAT): A Division Bench of Justice Jarat Kumar Jain (Judicial Member) and Balvinder Singh (Technical Member) while addressing

Case BriefsHigh Courts

Delhi High Court: Najmi Waziri, J., while addressing the present matter considered the following issues: Whether elections to the Board of Directors of

Op EdsOP. ED.

by Vidula Mehrotra*