Companies Act
NCLT restrains Byju’s from utilising funds collected on second rights issue until disposal of mismanagement petition
The NCLT ordered the respondents to maintain the status quo regarding existing shareholders and their shareholding.
2024 SCC Vol. 4 Part 5
Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 r/w Ss. 2(4) and 16 — Jurisdiction of arbitrator to adjudicate under
‘Proceedings still at a nascent stage’; Delhi High Court transfers case for winding up of company to NCLT
The Delhi High Court said that the winding up proceedings which have not progressed to an advanced stage before the High Courts, ought to be transferred to the NCLT.
Explained| Supreme Court’s verdict on Jurisdiction of Special Court presided by Sessions Judge or Add. Sessions Judge to try complaint under IBC
“The High Court could have directed the complaint to be withdrawn and presented before the appropriate Court having jurisdiction.”
Power of Winding Up at the Suit of Minority Shareholders
by Ira Srivastava*
Explained |Ashneer Grover seeks waiver of conditions under Companies Act to pursue case against BharatPe; NCLT issues notice
The NCLT issued a notice and sought BharatPe’s response and fixed the next date of hearing on 04-04-2024.
Analysis and Anatomy of Electoral Bond Judgment
by Siddharth R. Gupta*
Cite as: 2024 SCC OnLine Blog Exp 17
Conundrum under Equity Crowdfunding
by Dinesh Eedi* and Jyotshna Yashaswi**
Cite as: 2024 SCC OnLine Blog Exp 6
SFIO not barred from investigating offences under IPC and conducting ‘further investigation’ after filing of investigation report: Delhi High Court
“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”
2023 SCC Vol. 10 Part 1
Corporate Laws — Company Law — Winding up and Liquidation — Overriding preferential payments: Dues towards customs duty i.e. government dues falling
Delhi High Court sets aside direction furnishing bank guarantee being violative of principles underlying Order 38 Rule 5 CPC
Whilst the court is not unduly bound by the texts or Order XXXVIII Rule 1 and 2 or Order XXXVIII Rule (5) or any other provisions of CPC, the substantial principles for grant of such interim measures cannot be disregarded.
GNLU – Khaitan & Co Advanced Certificate Programme on Capital Markets and Securities Law [2023-24]
About the GNLU Centre for Business & Public Policy GNLU Centre for Business & Public Policy [“GCBPP”] is one of the centres
MCA mandates every company to designate a person to be responsible to Registrar
On 27-10-2023, the Ministry of Corporate Affairs notified the Companies (Management and Administration) Second Amendment Rules, 2023 to amend the Companies (Management
Private companies excluding small companies to issue securities only in dematerialised form
On 27-10-2023, the Ministry of Corporate Affairs notified the Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2023 to amend the
Whom to Pay First: A Critical Analysis of the Position of Secured Creditors in the Current Regime
by Govinda Asawa† and Pranay Agarwal††
2023 SCC Vol. 8 Part 1
Advocates — Senior Advocates — Designation of: Guidelines issued by Supreme Court in Indira Jaising, (2017) 9 SCC 766 for greater objectivity
Bombay High Court restrains enforcing anti-suit permanent injunction order passed by Singapore High Court; Applied three-pronged test
At this juncture, examining whether the petition filed before the NCLT can be said to be a ‘dressed-up’ petition, would necessarily require a detailed exercise to be carried out by this Court to render findings either way clearly impinging upon the exclusive jurisdiction of the NCLT in deciding such a question.
2023 SCC Vol. 7 Part 5
Advocates Act, 1961 — Ss. 7(1)(g), (h), (l), (m), 24, 49(1)(ah): Bar Council of India, held, has jurisdiction and power to introduce