Whether Shareholders have the right to remove Directors of a company? NCLT explains in light of Companies Act, 2013
National Company Law Tribunal, Kochi: Expressing that the management of business affairs in a company is not a sole duty of a
Companies Act 2013
NCLAT | On not finding flaws in the NCLT order, abstains from interfering- Petitioner not being authorised under S.7 IBC, lacks locus standi
National Company Law Appellate Tribunal (NCLAT)- The Coram of Justice Jarat Kumar Jain (Judicial Member), Ashok Kumar Mishra (Technical Member), and Alok
Not just the petitioning creditor but ‘any’ creditor can initiate transfer of winding up proceedings from a Company Court to NCLT; holds SC
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.
NCLAT | If objections raised in regard to “Scheme” under S. 230 of Companies Act, 2013 are procedural in nature, can they be overruled? Tribunal expounds
National Company Law Appellate Tribunal (NCLAT): A Division Bench of Justice Jarat Kumar Jain (Judicial Member) and Balvinder Singh (Technical Member) while addressing
Del HC | Will the jurisdiction to address issues of oppression and mismanagement, elections to board of directors of company, etc., vest exclusively with NCLT? HC considers
Delhi High Court: Najmi Waziri, J., while addressing the present matter considered the following issues: Whether elections to the Board of Directors of
Companies (Winding Up) Rules, 2020 — Notified by Ministry of Corporate Affairs [Read Notification]
Ministry of Corporate Affairs notifies — Companies (Winding-Up) Rules, 2020 through Notification No. G.S.R. 46(E). The notification has been divided into 6
Central Govt. designates Special Courts under Companies Act, 2013 for speedy trial
S.O. 4570(E).—In exercise of the powers conferred by section 435 of the Companies Act, 2013 (18 of 2013) (hereinafter referred to as
MCA | Corporate Affairs Ministry Launches Independent Director’s Databank
The Ministry of Corporate Affairs, with the objective of strengthening the institution of Independent Directors under the Companies Act, launched today the Independent
MP HC | In absence of any offence punishable under Companies Act, Special Court doesn’t have jurisdiction to try the case which is punishable under IPC
Madhya Pradesh High Court: S.K. Awasthi, J. dismissed the petition on the ground that trial court and not Special Court are competent
Compliance Checklist for Passing of Resolution by Circulation
Gaurav N Pingle, Practising Company Secretary, Pune
Cite as: (2019) PL (CSP) June 66
MCA notifies National Financial Reporting Authority (Meeting for Transaction of Business) Rules, 2019
G.S.R. 377(E)—In exercise of the powers conferred by sub-section (10) of Section 132 read with Section 469 of the Companies Act, 2013
NCLAT | AIOVA’s appeal against CCI Order exonerating Flipkart and Amazon of antitrust violation allegations to be heard on 30th July
National Company Appellate Tribunal: A Bench of Justice S.J. Mukhopadhaya, Chairperson and Justice A.I.S Cheema, Member (Judicial) and Kanthi Narahari, Member (Technical) admitted
Central Government notifies Companies (Indian Accounting Standards) Amendment Rules, 2019
G.S.R. 273(E).—In exercise of the powers conferred by Section 133 read with Section 469 of the Companies Act, 2013 (18 of 2013),
Provisions of I&B Code must prevail over Section 434 of Companies Act if there is any inconsistency: SC
Supreme Court: A Bench comprising of R.F. Nariman and M.R. Shah, JJ. allowed an appeal filed against the order of Rajasthan High
No reduction in fine imposed under Section 92(5) of Companies Act as Directors not disclosing their accounts: NCLAT
National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial)