Corporate Law Judgements

The provisions of Section 236 of the Companies Act, 2013 specifically provides the procedure of acquisition of shares of minority, when a person personally or acting in concert with acquirer, acquires 90% or more issued share capital of the company b

For insurance claim under MVA,1988 in case of driver of a borrowed motor vehicle personal insurance is necessary. A person driving a motor vehicle of his /her friend enters into shoes of the owner of the vehicle and his/her heirs or legal representat

It a well settled fact that experience of a holding company will be considered as experience of subsidiary or vice-versa. If a holding company has experience in a field in which its subsidiary does not has any experience and subsidiary applies along

In this case, the Apex Court denied considering "Mosquito Bite" is as an accident. Since it a well-known fact that Mozambique is a malaria prone zone, and one out of three people are suffering from Mosquito Bite and hence Mosquito Bite is not unexpec

It well-settled practice in case of CIRP, the management of Corporate Debtor has been transferred from Promoters and Shareholders to Committee of Creditors and the IP. Promoters being related party to the Corporate Debtor have no right of representat

It is a well settled fact that unexplained credit or expenses will be considered as Cash Credits. Where assessee has corroborative and substantial proof of payment received and also have proof of credit worthiness of creditor then presumption of AO t

The Plaintiff resigned from Defendant which was accepted on the same day and he was relieved from duty. The plaintiff joined in a competitor's business. When the Plaintiff approached the Defendants for payment of the balance incentive award, he was i

An Insurance Ombudsman's award is assailable under the court's writ jurisdiction. It means that an award of Insurance Ombudsman,which is beyond defined pecuniary limit and against fundamental principles of insurance can be challenged in High Court th

The Hon’ble Madras High Court in M/s Gupta Hair Products (P) Ltd. V the Additional Director General of Foreign Trade [W.P.No.25860 of 2021 dated July 7, 2022] held that, due to technical error or lacunae in the electronic system, exporters cannot be

Please note that main objective of IBC,2016 is resolution of insolvency status of a Corporate Debtor through re-organisation and not liquidation. The Code,2016 empowers Operational Debtor to file CIRP under provisions of Section 10 by following due p