Search Results for "Mismanagement"

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Supreme Court Upholds Interim Protection in Oppression and Mismanagement Petition Under Companies Act, 2013. Court Extended Restraint on Construction and Permitted Limited Protective Works to Preserve Subject Matter of Dispute Pending Adjudication by NCLT.

The dispute arose from a company petition filed by the appellants under Sections 241, 242, 244, and 59 of the Companies Act, 2013, alleging oppression...

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High Court Allows Writ Petition by Cooperative Society Against Ministerial Order Halting Inquiry Under Maharashtra Cooperative Societies Act - Restores Statutory Inquiry into Financial Irregularities by Former Directors

The High Court allowed a writ petition filed by Petitioner challenging an order passed by the Minister for Cooperation that halted a statutory inquiry...

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High Court Removes Executor in Testamentary Dispute Under Indian Succession Act, 1925 -- Over Estate Administration Breach

The judgment involves a dispute over the administration of the estate of late Rajnikant Ambalal Kilachand, where the Respondent, under a Will dated 27...

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Belated Claim for Co-operative Housing Society Membership by Legal Heirs Cannot Be Denied Where Occupation and Earlier Resolution Recognised Membership Rights: Supreme Court

The dispute concerned membership of Flat No.7 in Malboro House Co-operative Housing Society, Mumbai. The original occupant, Narendra Patel, was offere...

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Supreme Court Upholds Enhanced Share Valuation, Awards Interest at 6% Pre-Decree and 9% Post-Decree in Decades-Old Dispute. Balancing Equity and Commercial Realities: SC Modifies Interest Rates in Rajasthan State Mines Share Acquisition Case

Valuation of Shares – The Supreme Court affirmed the High Court’s valuation of shares at ₹640 per share, rejecting the State’s objections. Th...

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Supreme Court Upholds Commercial Wisdom of CoC in DHFL Insolvency, Sets Aside NCLAT’s Interference in Resolution Plan. Recoveries from Avoidance Applications Under Section 66 IBC to Benefit SRA; FD Holders’ Claims Dismissed

Commercial Wisdom of CoC – The Supreme Court reaffirmed the paramount status of the Committee of Creditors’ (CoC) commercial wisdom in approving ...

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Arbitration Proceedings – Interim Relief – Failure to Issue Shares – Protection of Investment. High Court Granted Interim Relief Protecting Investment of Foreign Investor After Company Failed to Allot Shares Despite Utilizing Funds for Debt Clearance

Misappropriation of investment funds occurs not just by siphoning money but also by enjoying benefits of an investor’s funds without fulfilling corr...

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Supreme Court Upholds Auroville Foundation’s Authority, Sets Aside High Court’s Decision on Standing Order No. 1/2022. Governing Board’s Powers Prevail Over Residents’ Assembly in Auroville Development Dispute

Suppression of Material Facts: A litigant invoking the extraordinary jurisdiction of the High Court under Article 226 of the Constitution must come wi...

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Supreme Court Upholds Dissolution of CMJ University Due to Non-Compliance with Statutory Procedures. Chancellor Appointment Without Visitor’s Approval Rendered University Actions Void Ab Initio – Dissolution Order Validated

Major Acts: Chandra Mohan Jha University Act, 2009 (CMJ University Act) – Sections 13, 14, 26, 48. University Grants Commission Act, 1956...

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"Temporary Appointment of Staff in Liquidation Cases: A Legal Analysis under Rules 308 and 309" Balancing Liquidation Needs with Legal Sanctions

The Bombay High Court (Nagpur Bench), in Company Application No. 48/2024, addressed the appointment of a Peon (MTS) in liquidation proceedings under R...