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Foss v. Harbottle

Introduction ‘To win in a democracy, you must have a majority.’ Similarly, a company, which is an association of individuals, acts in accordance with the majority of its members’ decisions. The minority, or dissenting members, are bound by the decisions

In Court Room

Understanding Precedents

Axis Bank Ltd. v. State of Maharashtra (2017) 138 CLA 212 (Bom.)

The case discusses the provisions and norms to be followed at the time of winding up of the company. At the time of liquidation, workmen’s dues and secured creditors dues are given important consideration and all their debts are cleared off on preferential basis. Therefore, in the present case, the assets of the company are sold for the repayment of the loan amount instead of the taxes.

Murli S. Deora v. Union of India & Ors. 

Case no. Writ Petition(Civil) 316 of 199 Introduction According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme importance in a democratic society.” Iyer, J., has characterized Article 21 as “the procedural Magna Carta protective of life and liberty. This

Digital Intellectual Property Rights: Domain Names

The article examines “domain names” as intellectual property and their protection in India through judicial pronouncements and under the trademark law as well as internationally through a dispute resolution system. Introduction Technological advancement has created a parallel cyber world to

Re, MacKinnon Mackenzee & Co.

Background By passing a special resolution in line with Section 189 of the Companies Act[1], 1956, the company called “MacKinnon Mackenzie” made a modification in the company’s memorandum of agreement for the purpose of moving the company’s head office from

Rajahmundry Electric Supply Corporation Ltd. v. Nageswara Rao and Ors

Introduction  According to section 2(68) the Companies Act, 2013 a “company” means a company incorporated under this Act or under any previous company law.  In common law, a company is a “legal person” or “legal entity” separate from, and capable

Kapil N. Mehta Surat Vs Shree Laxmi Motors Limited

Introduction In Kapil N. Mehta, Surat V. Shree Laxmi Motors Restricted, the organization passed a circuitous objective which was allowed by the Articles, be that as it may not envision beneath the Organization’s Demonstration at that point. A case was

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