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NISHANT

A member/shareholder cannot be a creditor of the company filing a petition for its winding up under section 433…

NISHANT MEHROTRA  |  25 Jan 2018
A member/shareholder cannot be a creditor of the company filing a petition for its winding up under section 433 at the same time, while filing a composite petition under section 397/398 and section 111A as a member/shareholder

Bombay High Court :: in MODI FIBRES LTD. v. MODI RUBBER LTD. AND OTHERS :: Companies Act, 1956 – Section 10F read with sections 397/398, 111A and 433 – Appeal against order of Company Law Board – Order admitting a composite petition…

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NISHANT

Oppression/Mismanagement

NISHANT MEHROTRA  |  25 Jan 2018
Oppression/Mismanagement

Company Law Board :: in Actimus Biosciences (P.) Ltd. and others v. Smt. C Ananta Satyavati and another :: Companies Act, 1956 – Sections 111A, 397/398, 399 and 402 – Oppression/Mismanagement – Petition for relief against – Composite petition seeking relief both…

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NISHANT

The moment a private limited company passes a special resolution converting itself into a public limited company in terms…

NISHANT MEHROTRA  |  25 Jan 2018
The moment a private limited company passes a special resolution converting itself into a public limited company in terms of section 21 read with section 31, the Registrar of Companies has no authority to make any decision in regard to conversion

SC :: in Ram Parshotam Mittal and another v. Hillcrest Realty Sdn. Bhd. and others :: Companies Act, 1956 – Sections 21 and 87(2)(b) – The moment a private limited company passes a special resolution converting itself into a public…

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NISHANT

Oppression/Mismanagement

NISHANT MEHROTRA  |  25 Jan 2018
Oppression/Mismanagement

Bombay High Court :: in Ravi Kiran Agarwal and another v. Moolchand Shah and others :: Companies Act, 1956 – Sections 397/398, 402 and 405 – Oppression/Mismanagement :: (A) The illustrations enumerated in clauses (a) to (g) of section 402 are…

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NISHANT

Companies court is empowered to award interest on the dues of secured creditors/workmen for the further period from the…

NISHANT MEHROTRA  |  25 Jan 2018
Companies court is empowered to award interest on the dues of secured creditors/workmen for the further period from the date of winding up order strictly in terms of rule 179

Bombay High Court :: in Rashtriya Mill Mazdoor Sangh v. Official Liquidator, High Court, Bombay :: Rule 179 read with sections 529, 529A and 530 of Companies Act, 1956 – Winding up – Payment of subsequent interest – Power of court…

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NISHANT

Service of summons on the accused to their e-mail addresses

NISHANT MEHROTRA  |  25 Jan 2018
Service of summons on the accused to their e-mail addresses

Madras High Court :: Direction for the service of summons on the accused to their e-mail addresses as well as the residential address.Criminal Revision against the order of the Judicial Magistrate allowing the petition of accused to leave India with…

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NISHANT

Extortion FIR can't be quashed.

NISHANT MEHROTRA  |  25 Jan 2018
Extortion FIR can't be quashed.

Bombay High Court :: Extortion FIR can't be quashed.Putting in fear of injury to commit extortion Application for quashing FIR - Allegation  that applicants conducted video clips  of respondent in function at Saffron Hotel and thereafter, under fear of causing…

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NISHANT

Bombay HC directs trial courts to ensure that legal counsel appointed at State expense must have sufficient experience

NISHANT MEHROTRA  |  25 Jan 2018
Bombay HC directs trial courts to ensure that legal counsel appointed at State expense must have sufficient experience

Bombay High Court has held that proper legal assistance to the accused was a fundamental right under right to life and personal liberty and also a part of due process of law. The Court issued directions to all police officers…

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NISHANT

Mitigating factors on sentence awarded

NISHANT MEHROTRA  |  25 Jan 2018
Mitigating factors on sentence awarded

SC :: Mitigating factor - S. 304 Part 2 - Sentence under - deceased died 15 years ago.Beating given to an old and physically weak person resulting in breaking of his ribs and leading to his death - Offence having…

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Palak

What About Real Padmavati's?????

Palak Kundra  |  22 Jan 2018
What About Real Padmavati's?????

HATS OFF TO KARNI SENA!!!!   Our respected Karni Sena Leaders and Supporters are raising their voice against a movie PADMAVAT, named on a dignified queen Padmavati. This sena is fighting for the dignity of a martyred woman who did…

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