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 […]
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 […]
The Supreme Court in the matter of Jignesh Shah & Anr. v Union of India & Ors. (W.P. Civil No. 455/2019), decided on 25.09.2019 set aside the judgment of NCLAT & NCLT admitting a winding […]
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, […]
The required provisions of the Companies Act are incorporated in the SARFAESI Act for harmonizing the SARFAESI Act with the Companies Act in respect of dues of workmen and their protection under Section 529 A […]
The Supreme Court has held that the Official Liquidator has no jurisdiction to ascertain or adjudicate the claim of a secured creditor who has been permitted by the Company Judge to stand outside the liquidation […]
The Official Liquidator was held to be an officer of the Court and that for the purpose of discharging statutory obligations imposed under the Act, 1956, the Official Liquidator merely steps into the shoes of […]
The creditor in order to seek winding up of a company must prove that the debt is clear and unimpeachable in law and the debt must have crystallized and if the accounts are not settled, […]
A Director is placed in a fiduciary position to that of a company and, therefore, it is the duty of a Director to ensure that the assets of the company are preserved and protected.