SEBI and Corporate Laws – July 15, 2019

(C. Jardin) #1

A-10 Contents


 Dalgreen Agro (P.) Ltd. v. State of West Bengal (Cal.)


 (^) BPoesntge.r)scope Outdoor Advertising (P.) Ltd .v. Nitesh Residency Hotels (P.) Ltd. (NCLT -


 Ram Parshotam Mittal v. Hotel Queen Road (P.) Ltd. (SC)

 Ram Ratan Kanoongo v. Sunil Kathuria (NCLT - Mum.)

 (^) - Sree Ramakrishna Alloys Ltd. v. Eastern Power Distribution Company of AP Ltd. (NCLT
Hyd.)


SUBJECT INDEX : CASES REPORTED

COMPANIES ACT, 2013/COMPANIES ACT, 1956
 Amalgamation



  • Where in a scheme of amalgamation transferor company registered in State of West Bengal
    does not have any immovable property within State of West Bengal, rate of stamp duty
    for registering order granting sanction of scheme of amalgamation will be half per cent
    of consideration paid by transferor company for such amalgamation - Dalgreen Agro (P.)
    Ltd. v. State of West Bengal (Cal.)

    - Transfer of shares


(^) wWihthere shares of respondent-company were transferred when share certificate were lying
alon^ gbank^ to^ whom^ shares^ had^ been^ pledged^ ,transfer^ of^ shares^ without^ share^ certificates^
Act,^ with^ duly^ executed^ share^ transfer^ form^ was^ in^ violation^ of^ section^108 of^ Companies^
1956 - Ram Parshotam Mittal v. Hotel Queen Road (P.) Ltd. (SC)

COMPANIES ACT, 2013/COMPANIES ACT, 1956-


-^ Section^56 /^108

Section 232 /^394

INSOLVENCY AND BANKRUPTCY CODE, 2016
D Corporate insolvency resolution processISPUTE



  • Whether where corporate debtor had nowhere disputed invoices or its contents prior
    to issue of section 8 notice and moreover, post receiving notice made part payment to
    operational creditor, instant application to initiate CIRP against corporate debtor was to
    be admitted - Avon Clothing (P.) Ltd. v. Siddarth Intercrafts (P.) Ltd. (NCLT - Jaipur)

  • Where claim of operational creditor was not in accordance with terms of settlement
    agreement executed between operational creditor and corporate debtor and therefore,
    serious dispute existed with reference to claim made by operational creditor, application
    to initiate CIRP against corporate debtor was to be rejected - Posterscope Outdoor Adver-


INItising (P.) Ltd. TIATIONv. Nitesh Residency Hotels (P.) Ltd.^ (NCLT^ -^ Beng.)^ (Mag.)^45


-^ BY^ FINANCIAL^ CREDITOR
Pbroorrcoeewdeirngs under section 7 is only concerned with existence of debt and default by
and not with existence of security interest upon an asset of guarantor - Alche-
mist Asset Reconstruction Company Ltd. (NCLT v. Dugal Projects Development Company (P.) Ltd.



  • Mum.) (Mag.)


SEBI AND CORPORATE LAWS  JULY  15   - JULY     21 ,    2019       

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