Power of Winding Up at the Suit of Minority Shareholders
by Ira Srivastava*
Companies Act
Explained |Ashneer Grover seeks waiver of conditions under Companies Act to pursue case against BharatPe; NCLT issues notice
The NCLT issued a notice and sought BharatPe’s response and fixed the next date of hearing on 04-04-2024.
Analysis and Anatomy of Electoral Bond Judgment
by Siddharth R. Gupta*
Cite as: 2024 SCC OnLine Blog Exp 17
Conundrum under Equity Crowdfunding
by Dinesh Eedi* and Jyotshna Yashaswi**
Cite as: 2024 SCC OnLine Blog Exp 6
SFIO not barred from investigating offences under IPC and conducting ‘further investigation’ after filing of investigation report: Delhi High Court
“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”
2023 SCC Vol. 10 Part 1
Corporate Laws — Company Law — Winding up and Liquidation — Overriding preferential payments: Dues towards customs duty i.e. government dues falling
Delhi High Court sets aside direction furnishing bank guarantee being violative of principles underlying Order 38 Rule 5 CPC
Whilst the court is not unduly bound by the texts or Order XXXVIII Rule 1 and 2 or Order XXXVIII Rule (5) or any other provisions of CPC, the substantial principles for grant of such interim measures cannot be disregarded.
GNLU – Khaitan & Co Advanced Certificate Programme on Capital Markets and Securities Law [2023-24]
About the GNLU Centre for Business & Public Policy GNLU Centre for Business & Public Policy [“GCBPP”] is one of the centres
MCA mandates every company to designate a person to be responsible to Registrar
On 27-10-2023, the Ministry of Corporate Affairs notified the Companies (Management and Administration) Second Amendment Rules, 2023 to amend the Companies (Management
Private companies excluding small companies to issue securities only in dematerialised form
On 27-10-2023, the Ministry of Corporate Affairs notified the Companies (Prospectus and Allotment of Securities) Second Amendment Rules, 2023 to amend the
Whom to Pay First: A Critical Analysis of the Position of Secured Creditors in the Current Regime
by Govinda Asawa† and Pranay Agarwal††
2023 SCC Vol. 8 Part 1
Advocates — Senior Advocates — Designation of: Guidelines issued by Supreme Court in Indira Jaising, (2017) 9 SCC 766 for greater objectivity
Bombay High Court restrains enforcing anti-suit permanent injunction order passed by Singapore High Court; Applied three-pronged test
At this juncture, examining whether the petition filed before the NCLT can be said to be a ‘dressed-up’ petition, would necessarily require a detailed exercise to be carried out by this Court to render findings either way clearly impinging upon the exclusive jurisdiction of the NCLT in deciding such a question.
2023 SCC Vol. 7 Part 5
Advocates Act, 1961 — Ss. 7(1)(g), (h), (l), (m), 24, 49(1)(ah): Bar Council of India, held, has jurisdiction and power to introduce
Landmark Judgments on SEBI By Supreme Court & High Courts in 2022 PART I
by Siddharth R. Gupta*
Cite as: 2023 SCC OnLine Blog Exp 72
Preference and the Exclusion of Transfers Made in the “Ordinary Course of Business” Under the Insolvency and Bankruptcy Code, 2016
by Sriram Venkatavaradan and Saai Sudharsan Sathiyamoorthy†
Landmark Judgments on Prevention of Money Laundering Act by the SC and HC’s in 2022 Part II
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 53
Explained | Supreme Court’s verdict on constitutionality of Section 327(7) of Companies Act vis-à-vis preferential payment of dues to workers after liquidation
The Supreme Court said that it cannot adopt a doctrinaire approach. Some sacrifices have to be always made for the greater good, and unless such sacrifices are prima facie apparent and ex facie harsh and unequitable as to classify as manifestly arbitrary, these would not be interfered with by the court. Thus, no priority can be given to workers’ dues after liquidation of the company under the IBC.