Companies Act 2013

17th Mar, 2020

Companies Tribunal is empowered to pass similar order relying on Sections 241 & 242 of the Companies Act, 2013 as was empowered under Section 388B of the Companies Act 1956.

The NCLAT (hereinafter referred to as’ in the matter of Shri CP Yogeshwara vs Union of India [Company Appeal (AT) No. 111 of 2019) decided on 13.03.2020 held that even in absence of Section 388B […]

3rd Feb, 2020

A petition under section 14(1) of Companies Act can only be entertained after expiry of three months from the date of passing of Special Resolution

The National Company Law Appellate Tribunal, New Delhi in the case of M/s. Medeor Hospitals Limited (formerly known as Rockland Hospital Ltd) vs Registrar of Companies, Delhi (Company Appeal (AT) No. 394 of 2018) on […]

23rd Dec, 2019

The conduct of the majority shareholders to be oppressive requires the events to be considered not in isolation, but as a part of a consecutive story. The acts must be continuous on the part of the majority shareholders, continuing up to the date of filing of the petition.

The National Company Law Appellate Tribunal (hereinafter referred to as “the Tribunal) in the matter of Cyrus Investments Pvt. Ltd. Vs. Tata Sons Ltd. & Anr. (Appeal No. 254/2018), decided on 18.12.2019, has reiterated the […]

22nd Dec, 2018

The Registrar has to follow the procedure laid under Section 248 of the Companies Act 2013 before striking down the name of the company

The Ld. National Company Law Appellant Tribunal held that the Registrar has to follow the due process as mentioned under Section 248 of the Companies Act 2013 and serve a proper notice to the company, […]

17th Sep, 2018

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Companies Act 2013

Companies Tribunal is empowered to pass similar order relying on Sections 241 & 242 of the Companies Act, 2013 as was empowered under Section 388B of the Companies Act 1956.

A petition under section 14(1) of Companies Act can only be entertained after expiry of three months from the date of passing of Special Resolution

The conduct of the majority shareholders to be oppressive requires the events to be considered not in isolation, but as a part of a consecutive story. The acts must be continuous on the part of the majority shareholders, continuing up to the date of filing of the petition.

The Registrar has to follow the procedure laid under Section 248 of the Companies Act 2013 before striking down the name of the company

Under Companies Act 2013, the Tribunal can pass interim orders with respect to the conduct of the company’s affairs.

INSIGHT TO NATIONAL COMPANY LAW TRIBUNAL #legalupdates

Court raises a question on effectiveness of MCA Rules under the Companies Act 2013