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Companies Act

National Company Law Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

Protection of minority shareholder rights | NCLT lays down structured buy-out mechanism to resolve deadlock between shareholders

The NCLT gave the first right to buy shares to the petitioners and then the Deccan Group. If neither party purchased the other’s shares, the NCLT would consider winding up the company under Section 242(1)(b) of the Companies Act.

Published on March 21, 2025April 5, 2025By Ritu
Leave a comment685 views
China Development Bank
Op EdsOP. ED.

Supreme Court’s Ruling in China Development Bank Creates Further Confusion on Third-Party Securities

by Prachi Johri* and Rishi Thakur**

Published on February 10, 2025February 9, 2025By Bhumika Indulia
Leave a comment773 views
Corporate Whistleblowing
Op EdsOP. ED.

Corporate Whistleblowing: Are We There Yet?

by Prachi Dutta*

Published on February 1, 2025February 1, 2025By Bhumika Indulia
Leave a comment1245 views
Rights of Beneficial Owners
Op EdsOP. ED.

Rights of Beneficial Owners vis-à-vis Section 241 of the Companies Act, 2013

by Varshni A.*

Published on January 17, 2025January 17, 2025By Bhumika Indulia
Leave a comment3996 views
Promote Stakeholder Primacy
Op EdsOP. ED.

Toothless Legislation: The Gaps in Director’s Duty to Promote Stakeholder Primacy in Indian Corporate Law

by Khangembam Alka†

Published on December 13, 2024December 12, 2024By Bhumika Indulia
Leave a comment1821 views
National Company Law Appellate Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

NCLAT upholds Central government’s takeover of Delhi Gymkhana Club; directs conduct of elections for management restoration

The NCLAT noted that the NCLT had not delegated its jurisdiction to the 15-member committee but tasked the committee to act under the NCLT’s oversight, ensuring compliance with its guidance and observations.

Published on October 26, 2024November 20, 2024By Ritu
Leave a comment1621 views
2024 SCC Vol. 8 Part 5
Cases ReportedSCC Weekly

2024 SCC Vol. 8 Part 5

Cap of stamp duty of Rs 25 lakhs on increase in share capital under the Bombay Stamp Act, 1958

Published on October 22, 2024October 22, 2024By Bhumika Indulia
Leave a comment2054 views
Road Less Travelled
Op EdsOP. ED.

Section 245 — The Road Less Travelled

by Urvashi Misra* and Anant Narayan Misra**

Published on October 17, 2024October 17, 2024By Bhumika Indulia
Leave a comment2056 views
Revamping Corporate Lifelines
Op EdsOP. ED.

Revamping Corporate Lifelines: How the Companies Act Transforms Inter-Corporate Deposits in Insolvency

by Ritu Raj*

Published on September 26, 2024September 25, 2024By Bhumika Indulia
Leave a comment3235 views
Ministry of Corporate Affairs
Legislation UpdatesRules & Regulations

Govt introduces e-adjudication Platform vide Companies (Adjudication of Penalties) Amendment Rules, 2024

MCA directs that all proceedings from 16-9-2024 will be done electronically.

Published on August 7, 2024August 7, 2024By Kriti
Leave a comment2756 views
Inter-corporate deposits
Experts CornerJSA

Inter-Corporate Loans and Deposits: Treatment of Such Debts in Case of Default

by Sidharth Sethi† and Shreya Sircar††

Published on August 5, 2024August 6, 2024By Bhumika Indulia
Leave a comment11008 views
National Company Law Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

Absence of specific waiver provision indicates Legislative Intent to strictly follow Section 43 of LLP Act: NCLT

“A provision vesting “inherent powers” on a Court or Tribunal are to be used sparingly and should not be used to imply and read in substantive powers where the statue itself does not prescribe such powers.”

Published on August 3, 2024August 30, 2024By Ritu
Leave a comment1864 views
National Company Law Appellate Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

Procedural orders directing consolidation of related petitions not appealable under Section 421 of Companies Act: NCLAT

The NCLAT criticized the appellants for unnecessarily burdening the Tribunal with excessive documentation, voluminous records and citations of little value, thereby wasting Tribunal’s resources and acting contrary to professional ethics.

Published on July 11, 2024August 2, 2024By Ritu
Leave a comment1763 views
Redemption of Zero-Coupon
Op EdsOP. ED.

Taxability of Surplus Received on Redemption of Zero-Coupon Non-Convertible Debentures: Should it be Taxed as Interest or Capital Gains?

by Kumar Kanishk Sinha†

Published on July 5, 2024July 5, 2024By Bhumika Indulia
Leave a comment3977 views
National Company Law Tribunal
Case BriefsHigh Courts

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.

Published on June 15, 2024June 28, 2024By Ritu
Leave a comment2202 views
2024 SCC Vol. 4 Part 5
Cases ReportedSCC Weekly

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

Published on June 1, 2024June 1, 2024By Bhumika Indulia
Leave a comment2479 views
Delhi High Court
Case BriefsHigh Courts

‘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.

Published on May 28, 2024May 30, 2024By Editor_4
Leave a comment1936 views
Jurisdiction of Special Court
Case BriefsSupreme Court

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.”

Published on May 8, 2024May 8, 2024By Apoorva
Leave a comment3674 views
Power of Winding Up
Op EdsOP. ED.

Power of Winding Up at the Suit of Minority Shareholders

by Ira Srivastava*

Published on April 3, 2024April 2, 2024By Bhumika Indulia
1 Comment6125 views
National Company Law Tribunal
Case BriefsTribunals/Commissions/Regulatory Bodies

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.

Published on February 26, 2024February 26, 2024By Ritu
Leave a comment2519 views

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