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[2013] 33 taxmann.com 350 (Delhi)[21-05-2013]

Spentex Industries Ltd. vs. Indo Rama Synthetics (India) Ltd.

[2013] 33 taxmann.com 199 (SC)[10-05-2013]

V.L.S. Finance Ltd. vs. Union of India

CL : The legislature has conferred the same power to the Company Law Board which can exercise its power either before or after the institution of any prosecution whereas the criminal court has no power to accord permission for composition of an offence before the institution of the proceeding. The legislature in its wisdom has not put the rider of prior permission of the court before compounding the offence by the Company Law Board and in case the contention of the appellant is accepted, same wo

[2013] 33 taxmann.com 333 (SC)[09-05-2013]

Nirma Industries Ltd. vs. Securities & Exchange Board of India

[2013] 33 taxmann.com 33 (SC)[01-05-2013]

Manohar Lal Sharma vs. Union of India

CL : On matters affecting policy, this Court does not interfere unless the policy is unconstitutional or contrary to the statutory provisions or arbitrary or irrational or in abuse of power. The impugned policy that allows FDI up to 51% in Multi-Brand Retail Trading does not appear to suffer from any of these vices

[2013] 33 taxmann.com 80 (Madras)[30-04-2013]

P. Mohanasundaram vs. President, Institute of Chartered Accountants of India

CL : Moral turpitude means anything contrary to honesty, modesty or good morals. It means vileness and depravity. In fact, the conviction of a person in a crime involving moral turpitude impeaches his credibility as he has been found to have indulged in shameful, wicked and base activities. Having regard to the fact that the appellant married another woman, while the first marriage was subsisting, and had acted contrary to the law and to his "estranged wife", the offence of bigamy is coming

[2013] 33 taxmann.com 150 (SAT - Mumbai)[30-04-2013]

Mrs. Ramkishori Gupta vs. Securities and Exchange Board of India

Section 11, read with section 11B, of the Securities and Exchange Board of India Act, 1992 - Powers and functions of board - Whether there is no directive or mandate in any of 15 or 16 measures

[2013] 32 taxmann.com 302 (SC)[26-04-2013]

N. Narayanan vs. Adjudicating Offficer, SEBI

SEBI : Where directors of company had created artificiality by projecting inflated figures of company's revenue, profits, security deposits and receivables and that manipulation in financial results of company resulted in price rise of scrip of company, conduct of directors was fraudulent and practice adopted by them relating to securities was unfair and, therefore, SEBI was justified in passing restraint and penalty orders against them

[2013] 33 taxmann.com 119 (SAT - Mumbai)[08-04-2013]

Vashi Construction (P.) Ltd. vs. Securities and Exchange Board of India

Regulation 10 of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 - Acquisition of fifteen per cent or more of shares or voting rights of any company - Pursuant to

[2013] 33 taxmann.com 55 (Bombay)[05-04-2013]

VOV Cosmetics (P.) Ltd. vs. Union of India

Section 22 of the Companies Act, 1956 - Name of company - Rectification of - Whether word 'if' in section 22(1)(b) indicates that it does not follow as a rule that merely because a company is,

[2013] 33 taxmann.com 28 (CAT)[04-04-2013]

Arshiya Rail Infrastructure Ltd. vs. Competition Commission of India

Section 53A, read with sections 3 and 4, of the Competition Act, 2002 - Establishment of Appellate Tribunal - Whether only those orders which are mentioned in section 53A(1)(a) and no other orders,

[2013] 32 taxmann.com 1 (SC)[01-04-2013]

Novartis AG vs. Union of India

Section 3 of the Patents Act, 1970 - Inventions not patentable - What are not inventions - Whether for grant of patent, subject must satisfy twin tests of 'invention' and 'patentability' - Held, yes

[2013] 32 taxmann.com 309 (Delhi)[21-03-2013]

Lakshmiji Sugar Mills Company vs. Union of India

Section 391 of the Companies Act, 1956 - Compromise and arrangement - During pendency of winding up petition of appellant sick company, promoters of company promulgated a scheme for its revival -

[2013] 33 taxmann.com 2 (CCI)[21-03-2013]

Yogesh Ganeshlaji Somani vs. Zee Turner Ltd.

Section 3, read with section 4, of the Competition Act, 2002 - Anti-competitive agreements - Informant-subscriber filed information against opposite parties Nos. 1 2, i.e., Zee and Star channels,

[2013] 33 taxmann.com 101 (SAT - Mumbai)[20-03-2013]

Sunday Exports Ltd. vs. Adjudicating Officer, Securities and Exchange Board of India

Regulation 12 of the SEBI (Prohibition of Insider Trading) Regulations, 1992 - Policy on disclosures and internal procedure for prevention of insider trading - Code of internal procedures and

[2013] 32 taxmann.com 194 (Delhi)[19-03-2013]

Zhuhai Hansen Technology Co. Ltd. vs. Shilpi Cable Technologies Ltd.

Section 433 of the Companies Act, 1956 - Winding up - Circumstances in which a company may be wound up - Petitioner-foreign company used to supply cables and accessories used in telecommunication

[2013] 32 taxmann.com 201 (CCI)/[2013] 119 SCL 107 (CCI)[19-03-2013]

Sonam Sharma vs. Apple Inc. USA

Section 4, read with section 3, of the Competition Act, 2002 - Prohibition of abuse of dominant position - Apple, i.e., OP1, is an American multinational corporation that designs and markets

[2013] 32 taxmann.com 238 (Delhi)[15-03-2013]

World Phone India (P.) Ltd. vs. WPI Group Inc.,USA

Section 26, read with section 397, of the Companies Act, 1956 - Articles of association - Respondent and appellant No. 2 held 43.75 per cent each of equity share capital of appellant -company and

[2013] 32 taxmann.com 193 (Delhi)[14-03-2013]

ZTE Corporation vs. Siddhant Garg

Section 560 of the Companies Act, 1956 - Company - Restoration of, stuck off by Registrar - A foreign arbitration award had been passed against appellant and in favour of company whose name had been

[2013] 32 taxmann.com 228 (CAT)[13-03-2013]

R.V. Ram Gopal vs. Competition Commission of India

Section 4, read with section 3, of the Competition Act, 2002 - Prohibition of abuse of dominant position - Informant was an owner of a small commercial vehicle for which he obtained finance from

[2013] 31 taxmann.com 100 (SC)[12-03-2013]

P.G.F. LTD. vs. Union of India

CL : SC upholds the vires of section 11AA of SEBI Act "Collective Investment Scheme"

[2013] 31 taxmann.com 150 (SC)[12-03-2013]

Official Liquidator, U.P. & Uttarakhand vs. Allahabad Bank

Section 529A, read with section 456, of the Companies Act, 1956 and section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Winding up - Overriding preferential

[2013] 32 taxmann.com 140 (CAT)/[2013] 119 SCL 43 (CAT)(MAG.)[08-03-2013]

Ms. Sudha Gupta vs. DLF Ltd.

Section 36A, read with section 12B, of the Monopolies and Restrictive Trade Practices Act, 1969 - Definition of unfair trade practice - Complainant filed a complaint alleging unfair trade practice

[2013] 32 taxmann.com 128 (CCI)/[2013] 119 SCL 17 (CCI)[05-03-2013]

Prasar Bharti (Broadcasting Corporation of India) vs. TAM Media Research (P.) Ltd.

Section 4 of the Competition Act, 2002 - Prohibition of abuse of dominant position - Informant is a public broadcasting corporation which runs Doordarshan and All India Radio Networks - OP is a

[2013] 32 taxmann.com 154 (Delhi)/[2013] 119 SCL 24 (Delhi)/[2013] 177 COMP CASE 115 (Delhi)[05-03-2013]

Nagesh Kumar vs. Nagesh Hosiery Exports Ltd.

Section 397, read with section 398, of the Companies Act, 1956 - Oppression and mismanagement - Appellants who were shareholders of respondent company, a family company, had filed a petition under

[2013] 32 taxmann.com 115 (CCI)/[2013] 119 SCL 47 (CCI)[05-03-2013]

Manoj Hirasingh Pardeshi vs. Gilead Sciences Inc., USA

Section 3, read with section 4, of the Competition Act, 2002 - Prohibition of agreements - Anti-competitive agreements - Informant was a treatment activist, working towards universal access to

[2013] 32 taxmann.com 164 (Karnataka)[04-03-2013]

Tricon Polymers (P.) Ltd. vs. IDEB Projects (P.) Ltd.

Section 433 of the Companies Act, 1956 - Winding up - Circumstances in which a company may be wound up - Petitioner company supplied bearings to respondent-company - However, respondent failed to

[2013] 31 taxmann.com 398 (Delhi)[27-02-2013]

Delhi Development Authority vs. Aeroshine

Section 446 of the Companies Act, 1956, read with section 54 of the Transfer of Property Act, 1882 - Winding up - Suits stayed on winding up order - Appellant - DDA had granted leasehold rights of a

[2013] 31 taxmann.com 316 (SC)/[2013] 118 SCL 356 (SC)[26-02-2013]

Securities & Exchange Board of India vs. PACL India Ltd.

Section 11AA, read with section 12, of the Securities and Exchange Board of India Act, 1992, read with SEBI (Collective Investment Scheme) Regulations, 1999 - Collective Investment Scheme - Whether

[2013] 31 taxmann.com 419 (Delhi)/[2013] 118 SCL 201 (Delhi)(MAG.)[22-02-2013]

Real Lifestyle Broadcasting (P.) Ltd. vs. Turner Asia Pacific Ventures Inc.

Section 391 of the Companies Act, 1956 - Compromise and arrangement - Transferor-company RGB was engaged in business of broadcasting - It purchased Set Top Boxes (STBs) from another company Turner,

[2013] 33 taxmann.com 12 (Calcutta)[22-02-2013]

Sreejaya Bhattacharjee Godfrey vs. Shreejaya Tea & Industries (P.) Ltd.

Section 252, read with sections 255 and 287, of the Companies Act, 1956 - Directors - Number of - Whether a director, unless expressly authorized by board of directors cannot act individually to

[2013] 32 taxmann.com 139 (Delhi)[21-02-2013]

Societe Generale vs. Daewoo Motors India Ltd.

Section 529A of the Companies Act, 1956 - Winding up - Overriding preferential payments - Whether, where auction sale of property of company being wound up was cancelled, and it was not decided

[2013] 32 taxmann.com 9 (CCI)/[2013] 119 SCL 1 (CCI)[21-02-2013]

South Eastern Railway vs. Orissa Concrete & Allied Industries Ltd.

Section 3 of the Competition Act, 2002 - Prohibition of agreements - Anti-competitive agreements - Whether in case of horizontal agreements as listed in section 3(3), once it is established that

[2013] 31 taxmann.com 317 (Madras)[20-02-2013]

Ram Kaashyap Investment Ltd. vs. Securities and Exchange Board of India

Section 15T, read with section 11, of the Securities and Exchange Board of India Act, 1992 and article 226 of the Constitution of India - Appeal to Securities Appellate Tribunal - SEBI passed an

[2013] 31 taxmann.com 282 (SC)[20-02-2013]

Balmer Lawrie and Co. Ltd. vs. Partha Sarathi Sen Roy

Section 617 of the Companies Act, 1956, read with article 12 of the Constitution of India - Government Company - Whether State itself, or a State instrumentality cannot impose unconstitutional

[2013] 31 taxmann.com 266 (Delhi)/[2013] 118 SCL 190 (Delhi)(MAG.)[20-02-2013]

Phenil Sugars (P.) Ltd., In re vs.

Section 394 of the Companies Act, 1956 - Amalgamation - Approval was sought to scheme of arrangement for amalgamation of two companies BSMCL with PSPL - All members, secured and unsecured creditors

[2013] 30 taxmann.com 250 (SC)/[2013] 113 CLA 160 (SC)/[2013] 118 SCL 378 (SC)[19-02-2013]

Securities and Exchange Board of India vs. Informetics Valuation and Rating (P.) Ltd.

Regulation 3, read with regulations 4 and 5, of the SEBI (Credit Rating Agencies) Regulations, 1999 and section 11 of the Securities and Exchange Board of India Act, 1992 - Registration of Credit

[2013] 31 taxmann.com 315 (CCI)/[2013] 118 SCL 397 (CCI)[19-02-2013]

Karan Sehgal vs. Lakme Lever (P.) Ltd.

Section 4, read with section 3, of the Competition Act, 2002 - Prohibition of abuse of dominant position - Informant was engaged in business of running and operating beauty saloons - OP was engaged

[2013] 31 taxmann.com 402 (CCI)/[2013] 118 SCL 404 (CCI)[19-02-2013]

Sponge Iron Manufacturers Association vs. National Mineral Development Corpn.

Section 4, read with section 3, of the Competition Act, 2002 - Prohibition of abuse of dominant position - Informant-association filed information alleging that opposite party (OP), largest mineral

[2013] 31 taxmann.com 412 (Bombay)[18-02-2013]

Asian Power Controls Ltd. vs. Mrs. Bubbles Goyal

Section 433, read with section 529, of the Companies Act, 1956 - Winding up - Circumstances in which a company may be wound up - Whether a petition for winding up can be maintained at behest of a

[2013] 31 taxmann.com 216 (Bombay)/[2013] 118 SCL 193 (Bombay)(MAG.)[14-02-2013]

Commissioner of Income-tax vs. Sesa Goa Ltd.

Section 391, read with section 394, of the Companies Act, 1956 - Compromise and arrangement - Whether under provisions of section 391, Central Government and IT authority do not have any powers to

[2013] 30 taxmann.com 150 (SEBI)[13-02-2013]

Sahara India Real Estate Corporation Ltd., In re vs.

[2013] 31 taxmann.com 217 (Calcutta)[13-02-2013]

Kotak Mahindra Bank Ltd. vs. Eastern Spining Mills & Industries Ltd.

Section 433 of the Companies Act, 1956 - Winding up - Circumstances in which a company may be wound up - Whether secured creditor is also a creditor to maintain winding up petition - Held, yes -

[2013] 31 taxmann.com 353 (SC)/[2013] 118 SCL 361 (SC)[13-02-2013]

Telestar Travels (P.) Ltd. vs. Special Director of Enforcement

Section 8, read with section 14, of the Foreign Exchange Regulation Act, 1973 - Restrictions on dealing in foreign exchange - Appellant-travel agency was booking tickets for crew members working on

[2013] 32 taxmann.com 350 (SC)[11-02-2013]

T.P. Vishnu Kumar vs. Canara Bank

Section 20 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993, read with article 226 of the Constitution - Appellate Tribunal - Appeals to - Whether when Act itself provides

[2013] 31 taxmann.com 48 (Delhi)/[2013] 118 SCL 133 (Delhi)(MAG.)[11-02-2013]

CBZ Chemicals Ltd. vs. Kee Pharma Ltd.

Section 433 of the Companies Act, 1956 - Winding up - Circumstances in which a company may be wound up - An agreement was entered into between petitioner and respondent company for sale of design

[2013] 31 taxmann.com 65 (SAT - Mumbai)/[2013] 118 SCL 221 (SAT - Mumbai)[08-02-2013]

Victor Fernandes vs. National Stock Exchange of India Ltd.

Section 23L of the Securities Contracts (Regulation) Act, 1956 - Penalties and procedure - Appeal to Securities Appellate Tribunal - Appellants were investors and shareholders of 'N' - They were

[2013] 31 taxmann.com 61 (CCI)/[2013] 118 SCL 226 (CCI)[08-02-2013]

Surinder Singh Barmi vs. Board for Control of Cricket in India (BCCI)

Section 4, read with section 3, of the Competition Act, 2002 - Prohibition of abuse of dominant position - Opposite party-BCCI is controlling game of cricket in India - Informant, a cricket fan,

[2013] 31 taxmann.com 196 (SC)/[2013] 118 SCL 319 (SC)[07-02-2013]

Vijay vs. Laxman

Section 138 of the Negotiable Instruments Act, 1881 - Dishonour of cheque for insufficiency etc., of funds in account - Whether when a cheque is issued by a person and complainant reasonably

[2013] 32 taxmann.com 10 (Calcutta)[05-02-2013]

SSS Loha Marketing (P.) Ltd. vs. Bibby Financial Services India (P.)Ltd.

Section 434 of the Companies Act, 1956 - Winding up - Company when deemed unable to pay its debts - Petitioning creditor issued notice under section 434(1)(a) to company's erstwhile registered

[2013] 31 taxmann.com 241 (Calcutta)/[2013] 118 SCL 205 (Calcutta)(MAG.)[05-02-2013]

Braithwaite & Co. Ltd., In re vs.

Section 433 of the Companies Act, 1956 - Winding up - Circumstances in which a company may be wound up - Petitioner had delivered goods and rendered services as a sub-contractor to company when it

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