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Intellectual Property Rights: Trade Secrets

The article presents the concept of “trade secrets” as intellectual property rights and their protection in India through common law principles and various statutory provisions. Introduction Chris Hardwick, an American comedian, has stated that; “We’re not in an information age

Transfer of Shares without the Authority of the Owner

Introduction “Share” means a share in the share capital of a company and includes stock [Section 2(84) of the Companies Act, 2013 (“the Act”)]. As per Section 44 of the Act, the shares or debentures or other interest of any

Distinction between Transfer and Transmission of Shares

Introduction According to Section 2(84) of the Companies Act, 2013 “Share” means a share in the share capital of a company and includes stock. It represents the interest of a shareholder in the company, measured for the purposes of liability

Dalpat Kumar v. Prahlad Singh: AIR 1993 SC

  INTRODUCTION:- This case deals with the grant of the temporary injunction and also talks about the powers of the court to impose such terms and conditions, which is in the nature of equitable relief. The court observed in this case

In Court Room

Understanding Precedents

Naresh Sanyal v. Calcutta Stock Exchange, AIR 1971 SC 422

This case reasserted the importance of the AOA of the company, wherein the Hon’ble Supreme Court of India reiterated this principle by calling these articles as a contract between the company and the members, and a contract among the members themselves.

Analysis of T-series Infringement Claim against ROPOSO

This write-up examines the copyright infringement claim made by t-series against ROPOSO in the light of the right of an intermediary and the concept of Safe Harbour Protection. It also analyses the liability of an intermediary with the help of conflicting decisions.

Lennard’s Carrying Co Ltd versus Asiatic Petroleum Co Ltd, 1915 AC 705

The director of the company was aware of a fact which would jeopardise the transaction, and still chose not to disclose it, while the other directors did nothing to intervene either. The Court held that the liability could be extended to the company as well for the acts of the directors of the company, since they were the minds and the hands through which the company acted.

Innoventive Industries Ltd Vs. ICICI Bank Ltd.

The observations of the Hon’ble Supreme Court in this case may be viewed as a broad affirmation of the NCLAT ruling in Kirusa Software Case where it was held that a ‘dispute’ pursuant to Section 8(2) must not be pending in a suit or arbitration proceeding; however, the same must be ‘pending’ and cannot be raised by the corporate debtor for the first time while it is pending.

J & J Sports Production, Inc versus Royster, No. RWT 10cv 569

After their continuous absence and non-responsiveness to the notices of the Court, the court allowed plaintiff’s application for a default judgment The court allowed for recovery only under one statute because the offences under the two statures were essentially the same, and thus, allowing recovery under both the statutes would have been nothing less than ‘double recovery’ from the defendants. The Court pondered over damages under three heads – statutory damages, enhanced damages, and other fees related to Attorney’s costs and other costs so incurred.

S. Varadarajan v. Venkateswara Solvent Extraction

The present judgment deals with two aspects of internal management- calling of extraordinary general meeting and removal of directors of company. Provisions for both these features are provided in Part VI of the Companies Act, 1956.

M.O.Vergese v. Thomas Stephen and Co. Ltd.

The case is related to the contravention of Section-299, petition filed under Section-633, cessation of directorship under Section-283(1) (i) and liabilities that arose from the contravention, under the Companies Act, 1956 (hereinafter, “the Act”). The case was between a director and a company which was accompanied by the Registrar of Companies.

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