Companies Act
2022 SCC Vol. 9 Part 5
Arbitration and Conciliation Act, 1996 — Ss. 7, 8 and 11 — Essential requirements of arbitration agreement: When there is discernible intention
Calcutta High Court | ROC can initiate multiple/ parallel proceedings upon discovery of additional material warranting inquiry under Section 206 of Companies Act
Calcutta High Court | While dismissing a writ petition challenging the capacity of Registrar of Companies (ROC) to initiate multiple/
Green Finance and Environmental Governance
by Kritika Krishnamurthy† and Tapasi Mohapatra††
Failure of Director to contradict allegation of contract of purchase from the Company can only fasten liability for the alleged amount but cannot lead to forfeiture of his office of Director: SC
Supreme Court: In a case where the appellant challenged the forfeiture of his office of Director for allegedly entering into a contract
Differentiating Between Statutory vis-à-vis Contractual Charge Holders – Relevance During Liquidation – Analysis
by Akaant Kumar Mittal†
Cite as: 2022 SCC OnLine Blog Exp 81
Mandatory Pre-Institution Mediation — Effective Remedy to Declog Courts in India
by Abhijnan Jha* and Urvashi Misra**
SC upholds applicability of SEBI Circular; but gives a green signal to Reliance Commercial Finance resolution to avoid “unscrambling of resolution process”
“Such unscrambling of the resolution process will not only prove time-consuming, but may also adversely affect the agreed realized gains to the retail debenture holders, who have already consented to the negotiated settlement before the High Court.”
Signing of charge e-forms by insolvency resolution professional or resolution professional or liquidator for companies under resolution or liquidation vide Companies (Registration of Charges) Second Amendment Rules, 2022
The Central Government has notified the Companies (Registration of Charges) Second Amendment Rules, 2022 to amend the Companies (Removal of Names of
Whether proceedings be entertained for recovery of money realized by sale of assets of company against which winding up proceedings are pending? Rajasthan High Court analyses
Rajasthan High Court: In a case where the secured creditors like Unit Trust of India (‘UTI’) and a workman have preferred their
NCLT| When can a liquidator in a liquidation process be replaced?
National Company Law Tribunal, Chennai: The Bench of S. Ramathilagam, J., Judicial Member, and Anil Kumar B, Technical Member held that the
Whether fixation of salary of the MD is within the domain of IBC? NCLAT explains
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Shreesha Merla (Technical Member) held that
Court of Additional Judicial Commissioner, Ranchi designated as Special Court under Companies Act
Central Government designates the Court of Additional Judicial Commissioner, Ranchi in the State of Jharkhand as a Special Court for the purposes
Amalgamation does not necessarily nullify tax assessment as only the outer shell of the amalgamating company gets destroyed but the business and the adventure lives on: SC
It is essential to look beyond the mere concept of destruction of corporate entity which brings to an end or terminates any assessment proceedings.
‘Reduction of Capital’ is a ‘Domestic Affair’ of a particular company in which, ordinary, a Tribunal will not interfere because of the reason that it is a ‘majority decision’ which prevails: NCLAT
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Venugopal. M, Judicial Member and Kanthi Narahari, Technical Member, held
Can Additional Sessions Judge or Sessions Judge try offences under Insolvency and Bankruptcy Code, 2016? Bom HC answers
Bombay High Court: Sandeep K. Shinde, J., held that Special Court which is to try offences under the Insolvency and Bankruptcy Code,
Non-Disclosure of fact that a petition under S. 213 Companies Act is pending before NCLT, would amount to concealment of facts? Dwarka Courts answers
Dwarka Courts, New Delhi: Noting the complaint to be a complete abuse of process of law or in a manner sort of
“Shylock has received their promised pound of flesh but they seem to want more”; Bank entitled to withhold payment where Bond holder’s title is clouded as fraudulent: SC
Supreme Court: The Division Bench of Hrishikesh Roy* and R. Subhash Reddy, JJ., while deciding on an appeal challenging dismissal of suit
If a case was filed under IBC, can penalty be imposed under Companies Act? NCLAT addresses
National Company Law Appellate Tribunal, New Delhi (NCLAT): The Coram of Justice Ashok Bhushan (Chairperson) and Dr Alok Srivastava (Technical Member) held
“Filing of the charge-sheet within stipulated period is sufficient compliance u/s 167 of CrPC”, SC rejects default bail plea of Rahul Modi, MD of Adarsh Group
Supreme Court: In a loan default case, the Division Bench of L. Nageswara Rao* and B.R. Gavai, JJ., rejected pleas of Rahul