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702 judgments · newest first · showing 401–600
The appellants, owners of agricultural land in Hoshiarpur, Punjab, challenged the State's acquisition of their land for a project of International Tractors Ltd. The State issued a notification under Section 4 and a declaration under Section 6 of the Land Acquisition Act, 1894, entered into an …
The workmen of Karnataka Pulpwood Ltd, a loss‑making joint‑sector subsidiary of Karnataka Forest Development Corporation Ltd (KFDC), sought compulsory absorption into KFDC after the State Government granted permission to close the undertaking under Section 25 of the Industrial Disputes Act, 1947. …
The Institute of Engineering and Rural Technology (IERT), a society registered under the Societies Registration Act, 1860, decided to close one of its centres, retrenching 105 employees. The employees filed a writ petition seeking their absorption under the Uttar Pradesh Absorption of Retrenched …
The Maharashtra State Road Development Corporation (MSRDC) issued a global tender for the Mumbai Trans Harbour Link project, requiring a consortium to demonstrate a net cash profit (NCP) of at least Rs. 200 crore. Reliance Energy Ltd. and Hyundai Engineering & Construction (HDEC) formed a consortium …
Syndicate Bank advanced a loan to United Auto Tractor Ltd. secured by a mortgage on 51 acres of land allotted by the Andhra Pradesh Government, relying on an allotment letter and a consent letter from the Director of Industries. The land was later partially cancelled and the allotment rescinded by …
The Supreme Court examined a scheme proposed under Section 391 of the Companies Act, 1956 for Shreeniwas Cotton Mills Ltd., a company already under liquidation since 1984. The scheme, as modified, involved the sale of the mill’s land to Lodha Builders Private Ltd. (LBPL) and did not constitute a …
Investors who had subscribed to fixed deposit and saving schemes of M/s Habib Investments Ltd. alleged that the company failed to honour certificates on maturity and filed FIRs. They obtained an order from a Metropolitan Magistrate for appointment of a receiver and attachment of five properties, but …
The Supreme Court examined whether the amendment to Goa Shipyard Officers' Conduct, Discipline and Appeal Rules, 1979—made by a circular board resolution—was valid despite lacking an explicit effective date, and whether the Board could retrospectively ratify the amendment to validate the dismissal …
The Commissioner of Income Tax appealed against Oriental Fire & General Insurance Co. Ltd, contending that the insurer could not claim deductions for a provision for taxation and a reserve for bad and doubtful debts. The Supreme Court examined the computation of income for insurance businesses under …
Ambica Industries, carrying on business in Lucknow, was assessed to central excise there and appealed to the Central Excise and Service Tax Appellate Tribunal (CESTAT) in Delhi, which has jurisdiction over Uttar Pradesh, Delhi and Maharashtra. The appellant filed a further appeal under Section 35G …
The appellants challenged the price approved by SEBI for a public offer to acquire the minority shares of Hindustan National Glass and Industries Ltd., alleging that the valuation by the independent valuer did not comply with Regulation 20(5) of the Takeover Code. SEBI appointed an independent …
The appellant, a confirmed employee of the Indian Council for Child Welfare, challenged her termination by filing a suit in the District Court and seeking an interim injunction. She subsequently filed a writ petition under Article 226 of the Constitution without disclosing the pending suit, later …
The petitioners, a union of daily‑rated gardeners employed by Hindustan Aeronautics Ltd., a government company, sought regularisation, continuance of service and equal pay, alleging that they had worked more than 240 days a year for several years and that artificial breaks were created to deny them …
Data Access (India) Ltd issued two cheques to Bharat Sanchar Nigam Ltd which were dishonoured for insufficiency of funds. A complaint under Section 138 of the Negotiable Instruments Act was filed against the company and its directors, including the appellant N. Rangachari. The appellant claimed he …
Naresh Kumar Madan, a civil engineer employed by the Madhya Pradesh Electricity Board, was caught accepting a bribe of Rs.1,000 for granting an electrical connection and was charged under the Prevention of Corruption Act, 1988. He contended that he was not a "public servant" within the meaning of …
Everest Advertising Pvt. Ltd. filed a complaint under the Negotiable Instruments Act against Dalmia Industries Ltd. and its Chairman and Managing Director for dishonour of post‑dated cheques. A Metropolitan Magistrate issued summons against the respondents under CrPC s.204, but later recalled the …
The complainant, a registered partnership firm, filed a complaint under Section 138 of the Negotiable Instruments Act alleging that a cheque issued by a business concern named Fine Tubes was dishonoured. The complaint named several persons, including the appellant who was described as "in charge, …
Star India Pvt. Ltd., a broadcaster, entered into an exclusive distribution agreement with Moon Network Pvt. Ltd., a multi‑system operator (MSO), for the Agra territory. Sea TV Network Ltd., another MSO, sought direct signals from Star India but was directed to obtain them from Moon Network, its …
Madhumilan Syntex Ltd., a public limited company, failed to deposit Tax Deducted at Source (TDS) within the statutory period for AY 1989-90, though it later paid the amount with interest. The Income Tax Officer issued a show‑cause notice under Section 276B read with Section 278B, treating the …
Bharat Co-operative Bank (Mumbai) Ltd., a multi‑state co‑operative bank, challenged the jurisdiction of the Maharashtra Trade Union Act, arguing that under Section 2(a) of the Industrial Disputes Act, 1947 the "appropriate Government" for a "Banking Company" with branches in more than one state is …
The case concerned a pension fund set up as a trust by Mis Dunlop India Ltd. After the beneficiaries had been paid, the trustees applied to the Calcutta High Court under Section 34 of the Indian Trusts Act seeking a direction on the surplus fund. The High Court refused to entertain the application, …
Lal Saij Khunte was elected to the Chhattisgarh Legislative Assembly but his election was challenged on the ground that he had been convicted under IPC sections 420, 34 and 468 and sentenced to two years' rigorous imprisonment, which under Section 8(3) of the Representation of the People Act, 1951 …
Peerless General Finance & Investment Co. Ltd. (appellant) held shares of Poddar Udyog Ltd. Under a court‑sanctioned scheme of arrangement, a portion of the business was transferred to Poddar Projects Ltd. (respondent No.1), which subsequently sold the shares to Vijaya Finance Corp. Ltd. (respondent …
The Industrial Papers (Assam) Ltd. Employees Union filed a writ petition alleging that the Assam Industrial Development Corporation Ltd. (AIDC) failed to pay salaries to its members after the Extensible Sack Kraft Paper Project was closed, contending that AIDC was the owner of the project and thus …
Morgan Securities advanced an inter‑corporate deposit to Modi Rubber, which defaulted, leading to an arbitral award in favour of Morgan and a winding‑up petition. The High Court restrained Modi Rubber from dealing with its assets, but the company made a reference to the Board for Industrial and …
Southern Petrochemicals Industries Corp. Ltd. defaulted on a loan of Rs. 101 crore advanced by a consortium that included the Unit Trust of India (UTI). After the UTI was restructured under the UTI (Transfer of Undertaking and Repeal) Act, 2002, the Administrator of the Specified Undertaking of UTI …
The appellant, a guarantor and director of a liquidated company, challenged the Punjab National Bank's attempt to recover a debt by filing execution petitions. The High Court transferred the third execution petition, filed in 1999, to the Debt Recovery Tribunal (DRT) invoking inherent powers. The …
The appellant Mandi Parishad sought market fee on cut tobacco processed by ITC Ltd in Saharanpur and sent to its own factory in Calcutta and to contract manufacturers. The Mandi Samiti’s President exempted the consignment to Calcutta but referred the contract‑manufacturer case to the Director, who …
Jaswant Singh Gill, a chief general manager of Bharat Coking Coal Ltd., faced departmental proceedings for alleged shortage of coal. While the disciplinary inquiry was pending, he retired and applied for gratuity under the Payment of Gratuity Act, 1972, which was denied on the ground that his …
Fourteen garden workers employed by a contractor for Bharat Heavy Electricals Ltd. (BHEL) had their services terminated by the contractor on 1 December 1988 without complying with Section 6‑N of the Uttar Pradesh Industrial Disputes Act, 1947. They filed an individual dispute under Section 2‑A, …
The petitioners, employees of ITDC's Hotel Agra Ashok, challenged the Government of India's decision to disinvest the hotel by selling it to a private party, alleging the sale price was too low, the transfer of their services without consent violated Articles 14, 21 and 311, and that the Voluntary …
The appellants, shareholders of Dev Papers Ltd., filed a suit against several defendants. An arbitration agreement existed between the appellants and some, but not all, of the defendants. The appellants amended the plaint to delete the names of those defendants who were parties to the arbitration …
Kerala State Financial Enterprises Ltd., a government company, advanced a loan to Mis Concert Capital Ltd. and its sister concern, which defaulted. The appellant initiated recovery proceedings under the Kerala Revenue Recovery Act, 1968, resulting in attachment of the debtor's assets. While the …
The assessee, a general insurance company, incurred Rs. 1,04,28,500 as stamp duty and registration fees in connection with the increase of its authorized share capital and the issuance of bonus shares. The Assessing Officer disallowed the amount as capital expenditure, but the Commissioner of Income …
The appellants were alleged to have issued two cheques on behalf of Karnataka News Net (Bangalore) Ltd. which were later dishonoured. A complaint under Section 138 of the Negotiable Instruments Act was filed, invoking Section 141 to hold the directors vicariously liable. The complaint, however, …
Ramdev Food Products Pvt. Ltd., the registered proprietor of the trademark "Ramdev", sued its former family partners who were operating under the name "Ramdev Masala" for infringing its mark by manufacturing and selling spices under that name. The parties had earlier entered into a user agreement …
The promoters of a proposed company purchased a house and land before incorporation and later transferred the title to the incorporated company, which was declared the owner by a decree. The promoters, acting as directors, subsequently entered into a sale agreement with the appellants and also …
Dankha Devi Agarwal, a majority shareholder, alleged that her elder son Bhagirath forged her signature to transfer 1,650 of her shares to himself and his wife in order to wrest control of Tara Properties Pvt. Ltd. The transfer was challenged in a suit which was later withdrawn on a petition filed by …
The case involved Dr. Kamal Kumar Dutta, a major shareholder of Ruby General Hospital Ltd., who alleged that the company’s board, led by his younger brother, fabricated board resolutions, denied him shares for equipment supplied, and ousted him as managing director, constituting oppression and …
The petitioners, nine shareholders of Sayaji Industries Ltd., filed a Company Petition under Section 155 of the Companies Act seeking rectification of the register on the ground that the managing director, Bipin Mehta, had fraudulently used company funds to purchase its own shares, violating Section …
The Baranagore Jute Factory was ordered to be wound up in 1987 but a scheme of arrangement was later approved, allowing the mill to operate as a going concern under a committee of management. The scheme earmarked a fund with the High Court registrar for payment to pre‑scheme unsecured creditors, …
The appellant, a subsequent purchaser of a suit property, challenged a decree granting specific performance of an agreement for sale entered into between the original buyer (Respondent No.1) and a private limited company (Respondent No.2). The company had promised to execute and register a sale deed …
The case concerns the ownership of Rs. 50 crore 9% tax‑free bonds (the "suit bonds") issued by Nuclear Power Corporation Ltd. (NPCL). Andhra Bank Financial Services Ltd. (ABFSL) sold the bonds to Standard Chartered Bank (SCB) on 26‑27 February 1992, and SCB paid consideration and received a Banker's …
ICICI Bank and two other banks (first charge holders) and Punjab National Bank (second charge holder) had secured loans to Sidco Leathers Ltd., which was wound up and an Official Liquidator appointed. The first charge holders filed a suit in the Debt Recovery Tribunal and lodged a claim with the …
The Supreme Court examined whether the Board of Industrial and Financial Reconstruction (BIFR) could, under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), direct the State of Uttar Pradesh to pay the wages of workmen employed by M/s. UPTRON, a sick company that is a subsidiary …
The Punjab State Industrial Development Corporation Ltd (PSIDC) promoted Punjab National Fertiliser & Chemical Ltd (PNFC), which was wound up under the Sick Industrial Companies (Special Provisions) Act, 1985. PNFC failed to pay wages to its workers, who approached the Punjab Chief Minister, who …
The appellants, directors of Nalanda Ceramic & Industries Ltd., had secured a loan from State Bank of India by mortgaging the company's assets and providing personal guarantees. The bank filed a title mortgage suit against the company and the directors, but the High Court later ordered the winding …
The husband, Naveen Kohli, filed a petition for divorce under the Hindu Marriage Act, 1955 on the ground of cruelty, alleging that his wife, Neelu Kohli, was bad‑tempered, engaged in indecent conduct, transferred property to herself, and repeatedly harassed him through criminal and civil complaints. …
Two groups of family shareholders in Ram Bahadur Thakur Ltd. filed a petition under Sections 397 and 398 of the Companies Act, 1956, alleging ouster from management. The Company Law Board (CLB) removed the directors, facilitated a family settlement and, on 19 August 1999, passed an order under …
The appellant, Maharashtra State Seeds Corporation Ltd., dismissed its assistant field officer, Haridas, after a departmental enquiry found him guilty of several misconducts and the Managing Director issued a second show‑cause notice changing the proposed penalty from freezing two increments to …
The appellant, a legal representative of an ex‑director of a company that had been liquidated, challenged a Company Judge's order that held all former directors jointly and severally liable for a sum with interest in a misfeasance proceeding. The Company Judge dismissed the appellant's application …
Dove Investments Pvt. Ltd. and others had taken a loan of Rs.4.5 crore from Gujarat Industrial Investment Corporation (GIC) which was secured by 25,92,800 shares pledged by three other companies. GIC lodged the share certificates and transfer forms with Dove for registration, but the application was …
N.K. Sharma, a Class‑I officer of the Haryana Government, was deputed as Managing Director of the Haryana State Cooperative Land Development Bank Ltd. A criminal complaint for defamation (IPC s.500) was filed against him after he sent a letter alleging false implication of a colleague. Sharma was …
The Rajasthan Financial Corporation and the Rajasthan State Industrial Development and Investment Corporation, as secured creditors of Vikas Woolen Mills Ltd., sought to sell the company's assets outside the winding‑up proceeding under Section 29 of the State Financial Corporations Act and to …
The Supreme Court examined whether manufacturers of chewing tobacco could claim input relief under exemption Notification No.121/94‑CE when they had not complied with the Chapter X procedure of the Central Excise Rules, 1944. The assessees argued that the intended use of the intermediate product …
NGEF Ltd., a joint‑venture sick industrial company, was referred to the Board for Industrial and Financial Reconstruction (BIFR) under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA). BIFR recommended winding up and observed that any sale of the company's assets should be sought …
The Supreme Court examined whether directors of Jiyajirao Cotton Mills Ltd., a company that owned factories, could be held personally liable for unpaid wages under the Payment of Wages Act, 1936 as amended by the Madhya Pradesh Industrial Relations Act, 1960. The Court held that the Act does not …
The Supreme Court examined a reference concerning prosecutions under Sections 138 and 141 of the Negotiable Instruments Act, 1881, focusing on the necessity of specific averments in a complaint to hold company officers liable for a dishonoured cheque. It held that a complaint must expressly state …
The Unit Trust of India (UTI), a statutory corporation, issued account‑payee cheques to its unit holders and sent them by registered post. Approximately 1,600 unit holders claimed non‑receipt of cheques worth about Rs 3.35 crore, alleging interception and fraud. The unit holders filed complaints …
Central Coalfields Ltd., a government company engaged in coal mining, was directed by the Certificate Officer to pay surface rent for coal‑bearing areas under the Bihar & Orissa Public Demands Recovery Act, 1914. The company contended that, pursuant to the Coal Bearing Areas (Acquisition and …
The appellant, a shareholder of Peerless General Finance & Investment Co. Ltd., challenged the company's resolution to issue bonus shares out of its revaluation reserve. The dispute centered on whether Section 205 of the Companies Act, 1956 and Article 182 of the company's Articles of Association …
The managing director of Shubh Shanti Services Ltd. was allotted a company flat during his employment; after his death his widow and daughter continued to occupy it. The company served notice to vacate, but the respondents claimed they were allowed to stay until another flat was provided, based on …
Garware Polyester Ltd., after incurring massive losses, sought a restructuring scheme under Section 391 of the Companies Act, 1956, which was approved by the majority of its debenture holders. The Administrator of the Specified Undertaking of the Unit Trust of India (UTI) challenged the scheme, …
The Supreme Court examined the findings of the Justice Bahri Commission on alleged diversion of funds by Skipper Construction in the Barakhamba Road project and on the claims of purchasers in the Technology Parks Ltd. schemes. The Court held that the Commission’s detailed valuation and accounting …
Associated Cement Companies Ltd. manufactures cement at Kymore and was levied a terminal export tax of 0.50% on cement by the Kymore Municipal Council under a 1991 notification. The State Government later issued a circular on 15 December 1995 prescribing a uniform rate of 0.20% for cement across …
The appellant, a beneficiary of a trust, claimed a pre‑emptive right under Article 57‑A of the company's Articles of Association to purchase 3,417 and 93 shares held by joint executors, but the executors sold those shares to a third‑party group without complying with the Articles or Section 108 of …
Medi Quip Systems Pvt Ltd filed an appeal against a winding‑up petition filed by Proxima Medical System GmbH under Section 433(e) of the Companies Act, 1956, alleging that the appellant had failed to refund US$5,000 and US$11,000 received as bid security. The appellant contended that the US$11,000 …
Andhra Bank, a secured creditor, appealed against a Calcutta High Court order that directed it to pay Rs 38 lakhs on an ad‑hoc basis to the official liquidator for disbursing workmen’s salaries. The Supreme Court examined whether the High Court had jurisdiction to issue such an order, the priority …
Prof. Yashpal and other petitioners filed writ petitions under Article 32 challenging the Chhattisgarh Niji Kshetra Vishwavidyalaya (Sthapana Aur Viniyaman) Act, 2002 and its 2004 amendment, alleging that Sections 5 and 6, which allow the State to create private universities by Gazette notification …
The appellants, former partners of a dissolved firm, challenged the taxability of proceeds from the sale of the firm's assets, arguing that the transaction did not constitute a slump sale and that no capital‑gain tax could be levied before the 1999 amendment. They filed appeals under Section 260A of …
The respondents were workmen of Maruti Ltd whose employment ended in 1977 due to the closure of the factory. After the Maruti Limited (Acquisition and Transfer of Undertakings) Act, 1980 transferred the company's assets to the Central Government and then to the appellant company, the workmen claimed …
The Supreme Court examined a family‑run private company where the board had broadened capital by issuing 15,000 new equity shares, allocating 6,475 to the appellants and reserving 8,000 for the late chairman. The petitioner, a class‑I heir, claimed entitlement to the 8,000 shares and alleged …
Ashok Transport Agency filed a money suit against Mis OMC Alloys Ltd, a government company, which was dismissed for default. While the suit was pending restoration, the Government of India issued an amalgamation order under Section 396 of the Companies Act, 1956, merging the company with Orissa …
M/s Mahalchand M. Mothari filed two suits in 1982 seeking damages for non‑supply of sugar that it had ordered from the statutory receiver managing Maheshwari Khetan Sugar Mill. The receiver, appointed by the Collector under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, entered …
The Supreme Court examined a petition filed by a group of minority shareholders, including a family trust, under Sections 397 and 398 of the Companies Act alleging oppression and mismanagement by Gwalior Sugar Co. The Court had to decide whether the petitioners satisfied the 10% shareholding …
The Supreme Court considered applications filed by the purchaser of Bengal Paper Mills' assets seeking clarification of its earlier judgment that ordered a refund of the Rs.2 crore purchase price but denied interest. The Court examined whether interest could be awarded under Order XXI Rule 93 of the …
The Supreme Court dismissed the appeals of M/s. Dale & Carrington Investments Pvt. Ltd. and its Managing Director P.K. Ramanujam, upholding the Kerala High Court’s order that the allotment of 6,865 equity shares to Ramanujam was invalid. The Court held that no valid Board meeting had taken place, …
Swedish Match AB and its associated companies acquired a 74% shareholding in Wimco Ltd., a listed Indian company, by purchasing shares from Indian promoters at a price well above market value. The acquisition was done without making a public announcement as required under Regulation 10/11 of the …
The Supreme Court considered a dispute arising from SEBI’s direction that the acquirer of Colour‑Chem Ltd. pay interest to shareholders for the delay in making a public offer under the 1997 Takeover Regulations, as amended in 2002. The Board had directed a 15% per‑annum interest on the offer price …
The landlord sued Singer India Ltd for eviction under Section 14(1)(b) of the Delhi Rent Control Act, alleging that the American tenant had transferred possession to the Indian company without the landlord's written consent. The transfer resulted from a court‑sanctioned amalgamation compelled by a …
The appellant, Gajraj Jain, a director of Mis Katihar Flour Mills, challenged the sale of the company's flour mill assets by Bihar State Credit and Investment Corporation Ltd (BICICO) to Stichworth Exports Pvt Ltd. BICICO, as the first charge holder under the State Financial Corporation Act, 1951, …
The Official Liquidator of Ambica Mills Ltd., a company under liquidation, sought the court’s permission to sell the company’s immovable assets and to distribute the proceeds, directing that the dues of ONGC Ltd. be paid first. The Textile Labour Association and another workers' union, representing …
The Supreme Court examined the constitutionality of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, enacted to facilitate speedy recovery of non‑performing assets. The Court held that the Act is valid and serves a public‑interest goal of …
Mis. Bharat Coking Coal Ltd. (BCCL), a Central Government company appointed as custodian of coking coal mines, claimed recovery of excess payments made to New Govindpur Coal Co. for the management period (17 Oct 1971 to 30 Apr 1972) under Section 25 of the Coking Coal Mines (Nationalisation) Act, …
The respondents, who purchased urban properties at auction under Section 29 of the State Financial Corporations Act, 1951 and under the Official Liquidator in winding‑up proceedings under the Companies Act, 1956, sought fresh electricity connections for those premises. The appellant, Gujarat …
The U.P. State Bridge Corporation Ltd. terminated the services of 168 muster‑roll employees after they remained absent for more than ten consecutive days, invoking Clause L‑2.12 of its Certified Standing Orders. The employees, represented by a union, filed writ petitions under Article 226 …
T.N. Alloy Foundry Co. Ltd., a company incorporated under the Indian Companies Act, sued the Tamil Nadu Electricity Board and others for damages arising from non‑supply of electricity between 28 March 1983 and 16 October 1992. The suit was filed in March 1993, and in July 1998 the company sought to …
The Assam State Legislature enacted the Bharat Hydro Power Corporation Limited (Acquisition and Transfer of Undertaking) Act, 1996 to acquire a stalled hydro‑electric project and vest it in the State Electricity Board. The appellants, Bharat Hydro Power Corporation Ltd. and its partner, challenged …
The Haryana State Cooperative Land Development Bank (the Apex Bank) conducts its business through several Primary Cooperative Banks, whose staff (except class IV) are drawn from the Apex Bank. A union representing the Primary Bank employees filed a writ petition seeking bonus at the same rate as …
The State alleged that the Tamil Nadu Small Industries Corporation (TANSI) sold land at a price below market value to a firm in which the Chief Minister of Tamil Nadu and her associate were partners, thereby causing wrongful loss to the corporation and wrongful gain to the accused. The trial court …
Hindustan Lever Ltd. challenged the levy of stamp duty by the State of Maharashtra on the High Court order sanctioning its amalgamation with Tata Oil Mills Ltd. The appellants argued that the order was a judicial decree, not an "instrument" under the Bombay Stamp Act, and that the State lacked …
The petitioners, shareholders of two pharmaceutical companies, filed three suits seeking to restrain the transfer of their 4.91% shareholdings and obtained interim injunctions, which were later vacated by the trial and High Courts. The parties subsequently entered into a written settlement whereby …
The respondent, Sagar Thomas, a branch manager of Federal Bank, was dismissed after a disciplinary enquiry and challenged the dismissal by filing a writ petition under Article 226 of the Constitution. The High Court held the petition maintainable, deeming the bank a public authority performing a …
The appellant, the heirs of the deceased Ratan Lal, challenged the Delhi High Court's order granting letters of administration to the Jain Society, a body registered under the Societies Registration Act, 1860, under Section 236 of the Indian Succession Act. The Supreme Court examined whether a …
The Centre for Public Interest Litigation challenged the Government of India's decision to sell majority shares of Hindustan Petroleum Corporation Ltd (HPCL) and Bharat Petroleum Corporation Ltd (BPCL) to private parties without amending the ESSO (Acquisition of Undertaking in India) Act, 1974, the …
The case involved a family dispute over the control of Kerala Kaumudi Pvt. Ltd., focusing on the validity of share transfers from Mani and his children to M.S. Madhusoodhanan, the removal of Madhusoodhanan as Managing Director and the deletion of Article 74, the allotment of additional shares to …
The dispute concerned the retirement age and service conditions of air hostesses employed by Air India and Indian Airlines, who under various agreements were required to retire from flying duties at age 50 (later 45/50) with the option of ground duties up to age 58, while male cabin crew could serve …
The case involved a dispute between the heirs of the late Dwarka Prasad Agarwal and his partner Ramesh Chandra Agarwal over control of the printing press and newspaper business of Dainik Bhaskar. Ramesh Chandra Agarwal allegedly forged a lease, altered the partnership settlement, and took forcible …
The Andhra Pradesh State Irrigation Development Corporation (the appellant) introduced several phases of a Voluntary Retirement Scheme (VRS) for its employees, fixing specific cut‑off dates for calculating VRS benefits. Employees whose applications were accepted continued in service beyond the …
The Supreme Court entertained a public‑interest writ petition alleging that numerous Bihar‑owned public sector undertakings had failed to pay salaries for years, leading to starvation deaths and suicides of employees and their families. The petition sought directions for payment of arrears and held …
The petitioners, officers of the sick public sector undertakings Fertilizer Corporation of India (FCI) and Hindustan Fertilizer Corporation (HFC), challenged two Government memoranda that denied pay‑scale revision for employees of units referred to BIFR and that provided no budgetary support for …
Bombay Gas Co. leased a flat to its director N.K. Jalan, who later died. The company later purchased the flat, but Jalan’s son Ashok Kumar Jalan, his wife Lalita Jalan and grandson Siddharth Jalan continued to occupy it and refused to vacate. The company filed a criminal complaint under Section 630 …
The State of West Bengal appealed against a Calcutta High Court order that granted exemption under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 and confirmed the sale of a sick company's excess land to a third party, despite pending winding‑up proceedings under the Companies Act, …
The Supreme Court examined whether State Financial Corporations (SFCs) could exercise their statutory power under Section 29 of the State Financial Corporation Act, 1951 to sell mortgaged assets of a company that had been ordered to be wound up, without involving the Company Court. The Court held …
The Pradeshiya Industrial & Investment Corp. of U.P. (PICUP) advanced a loan to Shefali Papers Ltd., secured by mortgage and guarantee bonds executed by Kailash Nath Agrawal and others. After the company was declared sick under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), …
The Union of India appealed a High Court order that quashed the rejection of Chowgule & Co.'s claim for an additional export licence (Exim Scrip/REP) and directed payment of a 20% premium under Circular 11/93. Chowgule, a recognised trading house, had exported processed iron ore during April …
The Bharat Diamond Bourse, a company limited by guarantee, claimed exemption under Section 11 of the Income Tax Act for AY 1989‑90 and 1990‑91, asserting it was a charitable institution. The Assessing Officer denied the exemption, holding that the Bourse’s objects were not charitable and that it had …
The Karnataka Small Scale Industries Development Corporation Ltd. and several other companies were assessed under Section 115‑J of the Income‑Tax Act, 1961, which imposes tax at 30 % of book profit when the normal taxable income is less than that threshold. The assessee‑companies claimed that …
The appellants R.D. Goyal and others challenged the MRTP Commission’s finding that the issue of equity shares linked with redeemable non‑convertible debentures, before allotment, did not constitute "goods" under Section 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969. They argued …
The Supreme Court considered appeals against a Karnataka High Court decision on the effect of Section 458A of the Companies Act, 1956 on limitation periods in winding‑up proceedings. The issue was whether the provision extends the limitation period for filing claims and, more importantly, whether a …
The Government of Andhra Pradesh and a District Co-operative Central Bank appealed a High Court order that had quashed a criminal case against P. Venku Reddy for alleged acceptance of a bribe under the Prevention of Corruption Act, 1988. The High Court had held that Reddy was not a "public servant" …
The appellant‑accused filed a petition under Section 482 of the CrPC seeking to quash a criminal complaint that alleged violations of Sections 60, 63, 68 and 68‑A of the Companies Act, 1956, involving the alleged siphoning of funds from Non‑Resident Indians into offshore entities. The High Court …
The Supreme Court examined whether the Election Commission could be directed to require candidates to disclose criminal cases, assets, liabilities and educational qualifications, as ordered by the Delhi High Court, despite the absence of a specific provision in the Representation of the People Act, …
Mysore Paper Mills Ltd., a government company incorporated under the Companies Act, transferred a senior employee to Calcutta. The employee challenged the transfer as being vitiated by malafides and argued that the company was not a "State" within Article 12, thus the writ petition was not …
The Union of India sold a 51% stake in Bharat Aluminium Company Ltd (BALCO), a public sector undertaking, to Sterlite Industries, prompting challenges by the BALCO Employees Union, the State of Madhya Pradesh, and a public‑interest litigant. The petitioners argued that the disinvestment violated …
The Uttar Pradesh State Electricity Board purchased the undertaking of Banaras Electric Light and Power Co. Ltd. under the Indian Electricity (U.P.) Amendment Act, 1975, causing the undertaking to vest in the Board on 5‑6 February 1975. Uncollected electricity dues owed to the company for …
The appellants issued two cheques that were dishonoured. The respondent sent a notice under Section 434 of the Companies Act after the 15‑day period, and later presented the cheque again, issuing a second notice within 15 days. The Supreme Court examined whether a notice under Section 434 can …
A petition under Sections 397 and 398 of the Companies Act, 1956 was filed by several shareholders alleging oppression and mismanagement, including the illegal removal of a director and unfair share valuation. The Company Judge found the grievance legitimate, ordered the petitioners to sell their …
The respondents, shareholders of Ambassador Steamship Ltd., received 14 shares of Collis Line Ltd. for each share they held in the amalgamating company under a scheme of arrangement. They later sold 45,318 of these new shares at a profit, and the Income Tax Officer levied capital gains tax, treating …
The River Steam Navigation Co. Ltd., operating a river service with about 8,000 employees, suffered heavy losses during the 1965 armed conflict with Pakistan and entered into a scheme of arrangement with the Central Inland Water Transport Corporation (CIWTC) that transferred assets but not the …
The appellant J.K. (Bombay) Ltd employed M as a trainee supervisor and allotted him a company flat. After M resigned, he was directed to vacate but refused, claiming unpaid dues. The company filed a complaint under Section 630 of the Companies Act, 1956 against M and his wife and father. The lower …
The appellants, Amina Ahmed Dossa and others, claimed rights over properties attached under Section 8 of the Terrorists and Disruptive Activities (Prevention) Act, 1987 (TADA) and sought relief from the Designated Court under Section 84 of the Code of Criminal Procedure (CrPC). The Designated Court …
The Delhi Golf Club Ltd., a limited company, held a 20‑year temporary lease of government land for operating a golf club, with the lease expressly stating that any continuance beyond the term would also be temporary and that construction required government permission. The New Delhi Municipal …
Pradyut Bordoloi, a Clerk Grade‑I in Coal India Ltd., filed his nomination for the Margherita Legislative Assembly seat. A complaint alleged that his employment constituted an "office of profit" under the Government of India, invoking disqualification under Article 191(1)(a) of the Constitution and …
VST Industries Ltd., a cigarette manufacturing company, operated a canteen for its workers under Section 46 of the Factories Act, 1948. After 1982 the canteen was managed by private contractors, but the workers continued to be employed and received wages, ESI and PF benefits through the contractors, …
M/s Tranvancore Titanium Products Ltd obtained a loan of Rs. 491 lakhs from the Kerala Government and created a "Loan Redemption Reserve" of Rs. 1 crore to meet the loan liability. The assessing authority treated the amount as a provision and excluded it from capital for the purpose of surtax under …
Canara Bank, as the principal trustee of Canara Bank Mutual Fund, purchased NTPC bonds from a bank that later went into liquidation and sought registration of the bonds in the trustee's name and payment of redemption proceeds. NTPC refused registration without a no‑objection certificate from the …
Navinchandra N. Majithia entered into a share‑sale agreement that was later terminated, after which the buyer filed a false complaint in Shillong, Meghalaya. Majithia filed a writ petition in the Bombay High Court under Article 226 seeking to quash the complaint or, alternatively, to direct the …
The appellant, A.P. State Financial Corporation, had granted loans to two companies that later went into liquidation. To recover its dues, it filed applications under Section 446(1) of the Companies Act read with Sections 29 and 46 of the State Financial Corporation Act, 1951, seeking to stay …
The respondent filed a suit to recover loans granted to I.C.I.C.I. Ltd., impleading the company's guarantors. The company was subsequently declared a sick undertaking under the Sick Industrial Companies (Special Provisions) Act, 1985, and the High Court directed that the receiver not take possession …
The Calcutta High Court ordered the winding up of Tirupati Woollen Mills Ltd and directed the official liquidator to sell its assets as a going concern. The initial reserve price was Rs.37 lakh, which was later raised to Rs.85 lakh and then to Rs.1.30 crore, with Divya Manufacturing Co. (P) Ltd …
The appellants, directors of a motor‑sports club, challenged a series of board resolutions passed in a meeting on 8 November 1995 that removed the appellant as chairman, appointed a respondent as chairman and added twelve directors, alleging the meeting was held without notice. The High Court had …
The Registrar of Companies (appellant) filed a criminal complaint against Rajshree Sugar and Chemicals Ltd. and others (respondents) alleging default in transferring share certificates in violation of Section 113 of the Companies Act, 1956. The Chief Judicial Magistrate dismissed the complaint on …
Rishabh Agro Industries Ltd., ordered to be wound up by a High Court Single Judge for defaulting on a bank loan, obtained a stay of that order from the Division Bench. The company then filed a reference under Section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 before the …
The Supreme Court examined the sale of assets of Kolay Biscuits Co. Ltd., a company under liquidation, where the Company Judge ordered an auction as a going concern based largely on oral statements about 1,200 workers and a valuation report that was not disclosed to the secured creditor, Union Bank …
The Supreme Court examined a dispute arising under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992 where Standard Chartered Bank claimed that shares and securities pledged by broker Hiten Dalal were its security against a loss of Rs. 280.80 crore. The Court …
Allahabad Bank obtained a decree against M.S.Shoes (East) Co. Ltd. before the Debt Recovery Tribunal (DRT) under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, and the Recovery Officer sold the company's assets. Canara Bank, whose claim was pending before the same DRT, …
The appellants, companies whose cheques were dishonoured, were prosecuted under Section 138 of the Negotiable Instruments Act. After the complaints were filed, they obtained a declaration from the Board for Industrial Finance and Reconstruction (BIFR) that they were "sick" companies under the Sick …
The Supreme Court examined whether a company that issued a cheque, which was later dishonoured, could avoid criminal liability under Section 138 of the Negotiable Instruments Act by invoking the provision of the Companies Act that makes any disposition of its property void after a winding‑up …
The appellant, H.V. Jayaram, purchased shares of Industrial Credit and Investment Corporation of India Ltd. and alleged that the company failed to deliver the share certificates within the time limits prescribed by Section 113(1) of the Companies Act, 1956. He filed a criminal complaint under …
The Transport Corporation of India, a public carrier with its registered head office in Secunderabad, Andhra Pradesh, was covered by a notification issued by the Andhra Pradesh Government under Section 1(5) of the Employees' State Insurance Act, 1948. The corporation argued that this notification …
Hindustan Construction Co. Ltd. (HCCL) entered into a dam construction contract with the State of Bihar and furnished two bank guarantees – a Performance Guarantee to the Chief Engineer and a Mobilisation Advance Guarantee to the Executive Engineer. The State invoked both guarantees, prompting HCCL …
The Supreme Court examined the claim of Company Paid Staff employed in the offices of the Official Liquidator and Court Liquidator across several High Courts, who had served for 10‑25 years on low pay without permanent status or retirement benefits. They filed writ petitions seeking to be …
Allahabad Bank and other banks appealed against the Calcutta High Court's confirmation of a sale of Bengal Paper Mills' assets by the Official Liquidator. The sale, valued at Rs. 1.5 crore and later raised to Rs. 2 crore, was conducted with limited newspaper advertisements, without disclosing the …
The Supreme Court considered whether the term "loss" in clause (b) of the proviso to Section 205(1) of the Companies Act, 1956, as incorporated into Section 115‑J of the Income‑Tax Act, 1961, includes depreciation. The assessees, including Mis. Surana Steels Pvt. Ltd. and V.V. Trans‑Investments (P) …
Rahul Subodh Windoor Ltd received a Rs 20 lakh cheque from A.K. Menon (respondent No. 2) for purchase of shares. The Custodian (respondent No. 1), appointed under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992, informed the company that the money was liable to …
In the 1995 Bihar Legislative Assembly election for the Bokaro constituency, the Returning Officer rejected the nomination papers of two workers, a Khalasi and a Meter Reader employed by Bokaro Steel Plant, on the ground that they were "managing agents" of the plant and thus disqualified under …
The assessee, a shareholder of Kasthuri Estates Pvt. Ltd., received cash and property when the company reduced its share capital from Rs 1,000 to Rs 210 per share. Earlier advances to shareholders had been treated as deemed dividends under Section 2(22)(e) of the Income‑Tax Act. The Tribunal held …
Ammonia Supplies Corp. (P) Ltd. claimed it had invested in 50% of the shares of Modern Plastic Containers Pvt. Ltd., a claim the respondent denied. The appellant filed a petition under Sections 397, 398 and 155 of the Companies Act, 1956 seeking rectification of the register of members. The Delhi …
Polychem Ltd., a manufacturer of alcoholic beverages, paid supervision charges in advance each quarter as required by Section 58-A of the Bombay Prohibition Act, 1949. After the government raised the wages and dearness allowance of its supervising staff retrospectively, it demanded a differential …
Bajaj Auto Ltd. and its subsidiary purchased 13,200 shares in Bajaj Tempo Ltd., a listed public company. The Board of Directors of Bajaj Tempo refused to register the transfer, citing four reasons: potential inter‑connection, lack of bona‑fide investment, competition, and the transferees being …
Indian Oil Corporation Ltd., a government‑owned company, applied for a factory licence for its Namkum storage unit. The Chief Inspector of Factories refused, deeming the depot manager not an occupier because, under clause (ii) of the first proviso to Section 2(n) of the Factories Act, only a …
Indian Bank advanced money to Chemmeens Exports Pvt. Ltd. secured by an equitable mortgage and, after the company was wound up, obtained leave to sue the company in liquidation. A preliminary decree was passed ordering the company to pay the debt by a specified date, failing which the bank could …
Real Value Appliances Ltd. faced a winding‑up petition and a suit for recovery of money filed by Canara Bank and Union Bank. The Bombay High Court appointed a provisional liquidator and later, in a separate proceeding, a receiver, holding that the mere registration of a reference under s.15 of the …
The Supreme Court examined whether officers of public sector undertakings and government companies, which may be deemed "State" under Article 12 because of deep governmental control, fall within the definition of "public servant" for the purposes of Section 197 of the Criminal Procedure Code (CrPC). …
The Port of Mumbai, acting as Board of Trustees, arrested the vessel M.V. Varuna belonging to Thakur Shipping Co. Ltd for non‑payment of anchorage and other port charges under Section 64 of the Major Port Trusts Act, 1963 and issued a notice of auction. The company was wound up in a company petition …
The Gujarat High Court set aside the acquisition of land in Surat for Larsen & Toubro Ltd.'s employee housing scheme, holding that the State had not complied with Rules 3 and 4 of the Land Acquisition (Companies) Rules, 1963 and that no notice under Section 9 of the Land Acquisition Act, 1894 had …
The Central Bureau of Investigation (CBI) relied on two spiral notebooks and related documents recovered from J.K. Jain's premises to charge politicians V.C. Shukla and L.K. Advani, alleging they received bribes through a hawala scheme. The Supreme Court examined whether the notebooks qualified as …
Express News Papers Ltd., a public limited company, resolved on 6 December 1962 to pay an interim dividend, payable on 16 January 1963. The Income Tax Officer reduced the rebate available under the Finance Act, 1964 for assessment year 1964‑65, treating the dividend as a reduction trigger. The …
The Steel Authority of India Ltd. (SAIL) supplied hot rolled steel strips to Ambica Mills Ltd. under an Import‑Export Policy scheme that required the importer to hold a valid advance licence, duty exemption certificate, export bond and an irrevocable Letter of Credit. The importer submitted a …
The appellant bought 90 non‑cumulative preference shares of Rs 1,000 face value at Rs 420 each. The company reduced the share capital twice, first paying Rs 500 per share in 1965 and later reducing the face value to Rs 50 and paying Rs 450 per share in 1966. The Income Tax Officer treated the Rs 450 …
The Supreme Court considered whether Rs. 79 lakh set aside by National Rayon Corporation Ltd. as a Debenture Redemption Reserve for the assessment year 1967‑68 should be treated as a provision or a reserve for the purpose of computing the company's capital under the Companies (Profits) Surtax Act, …
The Supreme Court examined whether receipts received by several members' clubs, including Bankipur Club Ltd., for drinks, refreshments, rent, admission fees and subscriptions constitute taxable income under the Income‑Tax Act. The clubs, registered as non‑profit companies under Section 25 of the …
The first appellant, a public limited company, and its senior directors were accused by minority shareholders of oppression and mismanagement. The shareholders filed petitions before the Company Law Board under Sections 397 and 398 of the Companies Act, 1956, seeking injunctions and the appointment …
The Supreme Court examined whether Amalgamation Pvt. Ltd., a bulk shareholder holding investments in numerous subsidiaries, could claim a capital loss on the forced sale of shares to a subsidiary of a subsidiary, whether a loss incurred while guaranteeing a subsidiary's loan qualified as a business …
Hindustan Steel Works Construction Ltd., a wholly‑owned Central Government company, entered into a contract to build a stadium for the Greater Cochin Development Authority. The Authority deducted 1% of the contract value as a contribution under the Kerala Construction Workers Welfare Funds Act, …
The U.P. State Industrial Development Corporation, a state undertaking, underwrites shares of companies and, when the public does not subscribe, purchases the shares itself, receiving underwriting commission and brokerage. It adjusts the commission against the cost of those shares, treating it as a …
Anarkali Sarabhai held 297 redeemable preference shares of Universal Corporation Pvt Ltd, purchased for Rs 2,68,550. The company redeemed the shares, paying the face value of Rs 2,97,000, resulting in a surplus of Rs 30,450. The Income Tax Officer treated the surplus as a capital gain under Section …
Indian Maize and Chemicals Ltd obtained electricity supply from the Uttar Pradesh State Electricity Board under an agreement governed by the Indian Electricity Act, 1910. The company accrued arrears of Rs 49.95 lakh and, to avoid disconnection, agreed to pay the amount in twelve monthly instalments, …
The premises were originally leased to Cox & Kings (Agents) Ltd., a foreign company incorporated in the United Kingdom. After the Reserve Bank of India denied permission for the foreign company to continue its business under the Foreign Exchange Regulation Act, 1973, the leasehold interest was …
The Air India Statutory Corporation, originally a statutory authority and later a company, employed union members as contract labour for cleaning and related services. The Central Government, as the appropriate Government under the Contract Labour (Regulation and Abolition) Act, 1970, issued a 1976 …
Marshall Sons and Co. (India) Ltd. (the holding company) and Marshall Sons and Manufacturing Ltd. (the subsidiary) entered into a scheme of amalgamation that specified a transfer date of 1 January 1982, but the scheme was only sanctioned by the Madras and Calcutta High Courts in late 1983 and early …
Mehra and Dubey, the original promoters of Kilpest Pvt. Ltd., fell out and Mehra was removed as director and denied notice of meetings that led to share allotments favoring Dubey. Mehra filed a petition under Sections 397 and 398 of the Companies Act, 1956 alleging oppression and mismanagement, …
The petitioners, J.K. Industries Ltd. and others, sought renewal of factory licences but were directed by the Chief Inspector of Factories to file applications signed only by a director, as the occupier, under Section 2(n) proviso (ii) of the Factories Act, 1948 (amended 1987). The Supreme Court …
The respondent transferee-company sought sanction of a scheme of amalgamation with the transferor-company. The appellant, a shareholder, objected on grounds of non-disclosure of director's interest, unfairness to minority, and unfair exchange ratio. The High Court sanctioned the scheme, and the …
Mafatlal Industries Ltd (the transferee) sought to amalgamate with Mafatlal Fine Spinning and Manufacturing Co Ltd (the transferor) under a scheme of arrangement approved by a meeting of equity shareholders. The appellant, Miheer H. Mafatlal, a 5% shareholder and director of the transferor, objected …
The appellant, a workers' union, challenged the constitutional validity of Sections 9(2), 10(2), 12(1) and 26 of the Central India Spinning, Weaving and Manufacturing Company Limited, the Empress Mills, Nagpur (Acquisition and Transfer of Undertaking) Act, 1986, alleging violations of Articles 14, …
The appellants purchased a property from a company under liquidation and sought demarcation of their plot, which led the respondents—owners of an adjoining plot—to claim encroachment and obtain an injunction. The Single Judge ordered the appellants to remove obstructions and appointed a Special …
The Central Bureau of Investigation (CBI) sought to continue investigations into two FIRs alleging criminal breach of trust, forgery and cheating against Duncans Agro Industries Ltd. and its officers. The Calcutta High Court quashed the FIRs, holding that the allegations did not prima facie …
K.C.P. Sinha, who had been employed by the U.P. State Mineral Development Corporation since 1977, was compulsorily retired in August 1988 under Rule 27(iv) of the corporation’s service rules, which permits retirement at age 50 with three months’ notice. He challenged the order, arguing that the rule …
The Supreme Court entertained a public‑interest writ filed by Common Cause seeking enforcement of statutory provisions that require political parties to disclose their sources of funding and maintain audited accounts. The Court examined the obligations under Section 293A of the Companies Act, 1956, …
Imperial Chit Funds Ltd., a company in liquidation, was served with a tax demand of Rs.1,027 by the Income Tax Officer after winding‑up proceedings had begun. The Official Liquidator argued that the tax claim could not be enforced until the claim was proved in the winding‑up process, invoking the …
The Industrial Credit and Investment Corporation of India Ltd. (the petitioner) challenged the actions of secured creditors who had approached civil courts to realise their debts against a company undergoing winding‑up. The Supreme Court examined the extent of a secured creditor's right to enforce …
The petitioners challenged the Central Government’s exercise of power under Section 4(1) of the Indian Telegraph Act, 1885 to grant licences to private companies for establishing and operating telecommunication services, arguing that the privilege was exclusive to the Government and that the …
Jyoti Ltd., a Baroda‑based company, claimed that its reserves for doubtful debts (Rs 85,000) and gratuity (Rs 5,60,000) should be treated as part of its capital base for computing statutory deduction under the Companies (Profits) Surtax Act, 1964. The Surtax Officer excluded the amounts; the …
The assessee, Duncan Brothers & Co. Ltd., claimed that provisions it made for income‑tax liability (Rs 16,48,888 for AY 1963‑64 and Rs 17,52,920 for AY 1964‑65) could either be treated as part of its capital or be deducted from the cost of excluded investments under the Super Profits Tax Act, 1963 …
The Supreme Court examined whether the Reserve Bank of India (RBI) could, under Section 45K(3) of the Reserve Bank of India Act, issue Paragraph 4A of the 1987 Directions prohibiting residuary non‑banking companies from levying processing or maintenance charges on depositors. Peerless General …
The Madras Race Club, a company that conducts horse races, challenged the Tamil Nadu Horse Races (Abolition and Wagering or Betting) Act, 1974 and the Madras Race Club (Acquisition and Transfer of Undertakings) Act, 1986. The Court held that horse racing is a game of "mere skill" under Section 49 of …
The appellant, Rishyashringa Jewellery Ltd., issued a prospectus stating that it had applied for listing its shares on the Coimbatore, Bombay and Madras Stock Exchanges. While Coimbatore granted permission within the ten‑week period prescribed under Section 73(1A) of the Companies Act, 1956, the …
The Andhra Bank Ltd. appealed against the Income Tax Commissioner challenging the disallowance of deductions for amounts transferred to its reserve fund exceeding the statutory 20% of profit. The bank argued that a direction from the Reserve Bank of India under Section 35A compelled it to transfer a …
The appellant, a former employee of Rallis India Ltd., continued to occupy a residential flat after resigning, which the company claimed he held under its tenancy rights. The company prosecuted him under Section 408 of the IPC and Section 630 of the Companies Act for wrongful possession, and a …
Gujarat Bottling Co. Ltd (GBC) entered into a 1993 licence agreement with Coca Cola to bottle and distribute beverages under several trade marks, which included a negative covenant prohibiting GBC from dealing in competing products during the agreement's term. A subsequent 1994 agreement, intended …
Air India, created under the Air Corporations Act, 1953, had its employees' service conditions governed by the Air India Employees Service Regulations framed under Section 45 of that Act. After the Deputy Chief Labour Commissioner certified the standing orders under the Industrial Employment …
Contromix Pvt. Ltd. (Respondent No.1) obtained a term loan of Rs 38 lakhs and a soft loan of Rs 6.8 lakhs from SIPCOT, a State Financial Corporation, and executed a mortgage. The company repeatedly defaulted despite several reschedulings, leading SIPCOT to foreclose, take possession of the mortgaged …
The U.P. State Sugar Corporation Ltd., a government‑owned company, sought to sell eight loss‑making sugar units. Its net‑worth had fallen by more than 50%, making it a potentially sick industrial company under the Sick Industrial Companies (Special Provisions) Act, 1985. The corporation sent a …
The appellant, Mis. Shabi Construction Co., entered into a lease agreement with the New Town Development Authority (CIDCO) for a commercial plot, the agreement stipulating a maximum Floor Space Index (FSI) of 2. While the agreement was pending, the State Government issued a notification increasing …
The heirs of an employee who died while in service were prosecuted by the employer under Section 630 of the Companies Act, 1956 for refusing to vacate premises allotted to the deceased. The heirs filed petitions under Section 482 of the Cr.P.C. seeking to quash the proceedings, arguing that the …
Canara Bank appealed a decision of the Company Law Board (CLB) that had refused to register bonds purchased from Nuclear Power Corporation of India Ltd. The CLB had been hearing the bank's application under Section 111 of the Companies Act when the Special Court (Trial of Offences Relating to …
The H.M.T. House Building Co‑operative Society, a housing society for HMT employees, submitted a scheme to the Karnataka Government and entered into an agreement with a construction firm (respondent No.11) to secure acquisition of land for its members. The State issued notifications under Sections …
