Evidence Act, 1872, Section 65B -- Call detail records (CDRs) - General directions issued to: (i) cellular companies and internet service providers to maintain CDRs and other relevant records for concerned period (in tune with S.39 of Evidence Act) in a segregated and secure manner if a particular CDR or other record is seized during investigation in said period; (ii)..........
Companies Act, 2013, Section 241, 242 -- Application u/ss 241, 242 of the Act - Disowned son - Merely disowning a son by late father or by family is not going to deprive him of any right in the property to which he may be otherwise entitled in accordance with law - The pertinent question needs to be tried in a civil suit and adjudicated finally, it cannot be decided by..........
Companies Act, 2013, Section 241, 242 -- Application u/ss 241, 242 of the Act - Maintainability - Respondent is not holding shares to the extent of eligibility threshold of 10% as stipulated u/s 244 of Companies Act in order to maintain an application u/ss 241, 242 of the Act - He had nothing to do with affairs of company and he is not a registered owner - Rights in..........
Income Tax Act, 1961, Section 147 -- Undisclosed income - Assessment - Failure on part of assessee to make a full and true disclosure - Assessing officer was aware of entities which had subscribed to the convertible bonds - Assessing officer had knowledge of addresses and the consideration paid by each of the bond holders as is apparent from assessment orders - Assessee..........
West Bengal Government Premises (Tenancy Regulation) Act, 1976, Section 2(b) -- Government undertaking - Corporation registered under Companies Act and it is under administrative control of State Government and almost all shares of Corporation are held by State Government, apart from a few shares which are held by IAS Officers in their official capacity - It owes its..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application u/s 311 Cr.P.C. was dismissed - Accused indeed got numerous opportunities to adduce defence evidence yet kept on neglecting to adduce defence evidence and praying for adjournments - This went on for an unduly long period and there has to be an..........
Insolvency and Bankruptcy Code, 2016, Section 43, 49, 66, Companies Act, 2013, Section 328, 329 -- `Preferential transactions and relevant time' - S.328 of Companies Act, 2013 deals with fraudulent preference - S.329 of Companies Act, 2013 deals with transfers not in good faith - On other hand, in IBC, separate provisions are made as regards transactions - S.49 of IBC,..........
Delhi Rent Control Act, 1958, Section 14(1)(b) -- Eviction - Sub-letting - Three companies functioning from tenanted premises - Two of the companies were incorporated by third person - Tenant became directors in company a few years after incorporation - Companies had their registered office in the tenanted premises since inception - Exact share holding of these directors..........
Companies Act, 2013, Section 339, 337 -- Liability for fraudulent conduct of business - Powers u/ss 339, 337 of the Act cannot be invoked against a person who may be head of some other organization and his or her assets cannot be freezed, as powers u/s 339 of the Act can be invoked against officers of Company in which mismanagement is alleged...........
Constitution of India, 1950, Article 226, Insolvency and Bankruptcy Code, 2016, Section 32, 61, Companies Act, 2013, Section 419, National Company Law Appellate Tribunal Rules, 2016, Rule 150 -- Writ - Maintainability - Disputed questions of fact - Petitioners have alternate and equally efficacious remedy of filing appeal to NCLAT and in that appeal, it can raise all..........
