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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: company law board clb Year: 2000 Page 1 of about 8 results (0.047 seconds)

May 29 2000 (TRI)

Times Bank Ltd. Vs. Sri Sharada Parmeshwari Textiles

Court : Company Law Board CLB

Decided on : May-29-2000

Reported in : (2000)101CompCas412

..... as held in c. l. nye ltd., in re [1970] 3 wlr 158 (ca) stated supra and cannot be challenged before the company law board. i am, therefore, convinced that the petition under section 141 challenging the validity of the charge registered on july 22, 1999, by the ..... intimation of payment or satisfaction ; and (b) direction for rectification of mis-statement or omission, if any.12. section 141 empowers the company law board to order rectification of the omission or misstatement of particulars of any charge provided it was accidental or due to inadvertence or to some ..... created by the company in favour of the petitioner on april 7, 1998, by depositing certified copies of the title deeds is not valid in law. there has been no privity of contract between the petitioner and the second respondent. the petitioner cannot claim any remedy against this respondent.7. v ..... the court depending upon the facts and circumstances of each case. these are necessarily equitable considerations and may, in a given case, be superimposed on law. whether it would so done in a particular case cannot be put in the straitjacket of an inflexible formula.ii. rajahmundry electric supply corporation ltd. ..... e) revised forms nos. 8 and 13 were filed without payment of filing fee.3. srinivasan, while concluding his arguments, asserted that the company law board exercising its powers should order rectification of the register of charges by deleting the charge registered in favour of the second respondent on just and equitable .....

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Feb 07 2000 (TRI)

Tarsen Kansil Vs. Dev Spinners Ltd.

Court : Company Law Board CLB

Decided on : Feb-07-2000

Reported in : (2001)103CompCas835

..... impugned shares.6. shri virendra ganda, learned counsel for the respondent, has at the very outset contended that the question involved in this petition cannot be decided by the company law board (clb) in the exercise of its discretionary and summary jurisdiction as not only does it involve highly disputed questions but serious allegations also regarding fraud and forgery. in support ..... . cylinders private ltd. [1999] 95 comp cas 555 (clb) ; [1999] 32 cla 47.7. this controversy with regard to the scope of jurisdiction of the company court (now the company law board) in respect of rectification of the share members register has now been set at rest by the apex court in ammonia supplies corporation private ltd. v. modern plastic containers .....

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Dec 08 2000 (TRI)

Vijay Kumar Chopra Vs. Hind Samachar Ltd.

Court : Company Law Board CLB

Decided on : Dec-08-2000

Reported in : (2002)108CompCas115

..... the agreement, article on non-waiver, provides "the rights and remedy herein provided are cumulative and not exclusive of any rights or remedies provided by law". thus, we find that the observation of the supreme court in wellington associates ltd.'s case (supra) that arbitration has not been made the ..... group b shall have the right to appoint one arbitrator each and the two such appointed arbitrators shall appoint the third arbitrator. the applicable law shall be indian law. the cost and expenses of such arbitration shall be ailocated between and borne by the parties".13. according to shri mookherjce, the term ..... thereof cannot be said to be displaying an unambiguous intention to acquiesce in the suit and to waive the benefit of the arbitration agreement. in law of arbitration and conciliation by justice dr. p.t. saraf, it has been laid down that it is immaterial whether by the time ..... .8 very clearly provides that the rights and remedies provided in the agreement are cumulative and not exclusive of any rights or remedies provided by law. thus, a strict rule of construction of the agreement/articles would show that there is no binding arbitration agreement covering all matters in the ..... be referred to arbitration. the shareholders' agreement itself has, in some of the provisions, provide for enforcement of these provisions through a court of law. for instance, the agreement provides for invoking a court's jurisdiction in article 2.8 relating to voting on resolutions and in article 10a .....

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May 16 2000 (TRI)

MartIn Castelino Vs. Alpha Omega Shipmanagement (P.)

Court : Company Law Board CLB

Decided on : May-16-2000

Reported in : (2001)104CompCas687

..... that the documents so produced along with the reply to the second petition should not be considered in the order on the first petition. while as a general proposition of law, the documents available with the parties should be produced at the earliest opportunity, yet, since we are considering both the petitions together in this order, we have taken note of .....

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Sep 21 2000 (TRI)

Shapoorji Pallonji Finance Ltd. Vs. Mideast (India) Ltd.

Court : Company Law Board CLB

Decided on : Sep-21-2000

Reported in : (2002)110CompCas868

..... it has been observed that the shares of a public company are freely transferable and if the transfer is refused without sufficient cause, the transferee may appeal to the company law board, which shall examine whether such refusal is with sufficient cause or not. if the refusal is without the sufficient cause, this board will direct the company to register the .....

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Apr 03 2000 (TRI)

Ashok V. Doshi Vs. Doshi Time Industries Pvt. Ltd.

Court : Company Law Board CLB

Decided on : Apr-03-2000

Reported in : (2001)104CompCas306

..... the company to allot shares in the proportion of 45 per cent. and 55 per cent., keeping in view that the company became a deemed public company by operation of law.16. in regard to the other alleged acts of oppression and mismanagement, stated supra, the following the extracts of the minutes of various board meetings, which are disputed, of which ..... shareholders have to be allotted shares on proportionate right is necessary to point out that this company was incorporated as a private limited company and by operation of law it has become a deemed public company. the change in the status of the company in such circumstances cannot defeat the equities between the parties. even otherwise, we find that ..... the excess amount remitted by him. in sections 397 and 398 proceeding the petitioner cannot seek for allotment of shares.the company law board cannot direct allotment of shares in violation of section 81 of the act. the petitioner has to approach the civil court for appropriate remedy. shri raghavan while concluding his ..... at their meeting held on december 22, 1998, appointed two independent directors for smooth running of the company. the affairs of the company are being carried on in accordance with law and the respondents have not committed any act of oppression or mismanagement. shri raghavan further submitted that if the petitioner had paid rs. 98,54,000 the company would return .....

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Oct 18 2000 (TRI)

Shankar Sundaram Vs. Amalgamations Ltd.

Court : Company Law Board CLB

Decided on : Oct-18-2000

Reported in : (2001)104CompCas638

..... conclusion that in a petition against a company, its shareholders cannot claim relief against the subsidiaries in terms of section 402 as a proposition of law. however, the learned counsel for the petitioner cited certain cases of calcutta and allahabad high courts wherein in facts of those cases, the ..... situation would exercise its equitable jurisdiction and may grant appropriate reliefs". having observed, the court also in paragraph 27 observed "it is also a trite law that over the affairs of company in question, its entire affairs including those of the subsidiary companies can also be looked into". later, in paragraph ..... issue as to whether the affairs of a company would include the affairs of its subsidiary companies has been categorically decided as a point of the judgment of the learned single judge in hungerford investment ltd.'s case (supra) cited by shri divan, the petitioner therein applied ..... as pointed out by the learned counsel for the petitioner) and, therefore, his locus standi in respect of the subsidiaries, being a question of law, has to be decided as a preliminary issue. in regard to the maintainability of the petition against the 1st respondent company, we do not consider ..... finding without considering the merits of the case. this petition has been filed under section 397/398. o section 397 reads: application to company law board tax, relief in cases of oppression 'any members of a company who complains that the affairs of the company are being conducted in a .....

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Jan 25 2000 (TRI)

In Re: Neelachal Auto Ltd.

Court : Company Law Board CLB

Decided on : Jan-25-2000

..... provides an opportunity to the members of the company to air their views with regard to the alteration of memorandum. so long as the company law board is satisfied that the company has complied with the prescribed procedure - it is only appropriate to presume that the interests of concerned parties ..... become relevant, which runs as follows: "that the loan amount together with interest thereon is secured and for the pur- pose as required in law, charge has been created, filed and registered with the registrar of companies, bihar, patna." further the certificate of registration of mortgage dated 27.3 ..... the registered office of the company is situated which, in my view, meets the requirement of regulation with 36(1)(i) of the company law board regulations, 1991. though it is contended that the company owes to the state government of bihar on account of sales tax, electricity charges ..... of the petition in (a) 'the uditvani' (hindi); and (b) 'the avenue mail' (english), meeting the require- ments of the company law board regulations, 1991. while the company is shifting only its registered office to the state of maharashtra, the industrial unit inclusive of the plant and machinery ..... proposal is not fair and equitable and the resolution for shifting the registered office has not been passed in good faith which are material for the company law board to consider the petition made by the company. shri shrivastava, in support of his submissions, has relied upon the following decisions: * bharat .....

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