MULTIDISCIPLINARY CASE STUDY CS PROFESSIONAL NEW COURSE JUNE 2021 ATEMPT BY ANKUSH BANSAL

400.00 300.00

Chapter 1
CORPORATE LAWS including
COMPANY LAW
1-6
Chapter 2 SECURITIES LAWS 1-7
Chapter 3
FEMA and Other ECONOMIC
and BUSINESS legislations
1-11
Chapter 4 INSOLVENCY LAW 1-8
Chapter 5 COMPETITION LAW 1-2
Chapter 6
BUSINESS STRATEGY AND
MANAGEMENT
1
Chapter 7 INTERPRETATION OF LAW 1-8
Chapter 8 GOVERNANCE ISSUES 1-13
Question Paper of December 2019 1-6
Question Paper of December 2020

 

PAGE
NO.
as per
ICSI
CASE
NO.
as per
ICSI
PAGE
NO. as
per our
Book
Alphabet
NAME OF CASE
MATTERS INVOLVED
3
2
A
ALIBABA NABIBASHA (PETITIONER)
V.
SMALL FARMERS AGRI
BUSINESS CONSORTIUM & ORS.(RESPONDENTS)
After resignation, Director can’t be held
responsible for daily affairs of Company
including Cheques
issued and dishonoured
9
8
ARUNA OSWAL (APPELLANT)
V.
PANKAJ OSWAL & ORS.
(RESPONDENTS)
Dispute of Inheritance of Shares is a
civil dispute, it cannot be decided under
section 241/242 of the
Companies Act, 2013
14
12
B
BANK OF BARODA (APPELLANT)
V.
ABAN OFFSHORE LIMITED
(RESPONDENT)
Remedies available for Preference
shareholders in relation to
redemption of preference shares
27
22
C
CADS SOFTWARE INDIA PVT. LTD. AND ORS
(APPELLANT)
V.
MR. K.K. JAGADISH & ORS., (RESPONDENTS)
Removal of director due to loss of confidence
as argued by the appellant does not appear
in the
Companies Act and Managing Director is
eligible for compensation
4
3
D
DR. RAJESH KUMAR YADUVANSHI (PETITIONER)
V.
Person as a Nominee Director of the
Company can’t be summoned for offences in
respect of Sections
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Corporate law including Company law 2 | P a g e
SERIOUS FRAUD INVESTIGATION OFFICE (SFIO) &
ANR. (RESPONDENTS)
128, 129, 448 read with Section 447 of the
Companies Act, 2013, without any specific
allegations against
him in Investigation report of being
complicit or having acted in bad faith, when
he is not involved in the
day to day affairs of the company as well as
not assigned with any of executive work of
the company.
6
5
E
ECONOMY HOTELS INDIA SERVICES PRIVATE
LIMITED (APPELLANT)
V.
REGISTRAR OF COMPANIES & ANR. (RESPONDENTS)
Reduction of Capital’ under Section 66
of the Companies Act, 2013
20
16
G
G. VASUDEVAN (PETITIONER)
V.
UNION OF INDIA (Rep. by
Secretary, Ministry of Corporate Affairs and Ministry
of Law and Justice) (Respondents)
Section 167(1)(a) Companies Act not
violative of Articles 14, and 19(1)(g) of
the Constitution of India.
26
21
H
HARI SANKARAN v. UNION OF INDIA [SC]
Civil Appeal No. 3747 of 2019
M.R. Shah & Indu Malhotra, JJ.
[Decided on 04/06/2019]
Companies Act, 2013- section 130- application by
central government for reopening and recasting
of accounts- objection by ex-director of the
company- NCLT allowed the application- on
appeal NCLAT concurred with NCLT- whether
correct-Held, Yes.
16
13
J
Joint Commissioner of Income Tax (OSD), Circle (3)(3)-
1, Mumbai (Appellant)
v.
Reliance Jio Infocomm Ltd. & Ors. (Respondents)
And
Income Tax Officer, Ward 3(3)-1, Mumbai (Appellant) vs.
M/s. Reliance Jio Infratel Pvt. Ltd. & Ors. (Respondents)
Mere fact that a Scheme of Compromise
or Arrangement may result in reduction
of tax liability does not
furnish a basis for challenging the
validity of the same.
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Corporate law including Company law 3 | P a g e
23
18
JINDAL STEEL AND POWER LIMITED (APPELLANT)
V.
ARUN KUMAR JAGATRAMKA AND ORS.
(RESPONDENTS)
During the Liquidation proceeding under
Insolvency and Bankruptcy Code, 2016 a
petition under
Section 230 to 232 of the Companies Act,
2013 is maintainable.
7
6
K
K.V. BRAHMAJI RAO (APPELLANT)
V.
UNION OF INDIA (RESPONDENT)
The person who may be the head of some
other organizations cannot be roped and
his/her Assets
cannot be attached in exercising the powers
under Sections 337 & 339 of the Companies
Act, 2013.
29
24
KANODIA KNITS PVT LTD
v.
REGISTRAR OF COMPANIES DELHI & HARYANA
[NCLAT]
Companies Act, 2013 – Section 248 –
Striking of name of the company
documents could not prove that the
company was working – Whether name
to be restores – Held, No.
33
27
K. J. SUWRESH & ANR
v.
TEAMLEASE STAFFING SERVICES PVT. LTD. &
ANR [NCLAT]
Companies Act, 2013 – Amalgamation –
Allowed by NCLT – Objection raised
based on alleged non- receipt of notice –
Not raised before NCLT – On merits
dismissed by NCLAT
36
29
KARN GUPTA (PETITIONER)
V.
UNION OF INDIA & ANR.
(RESPONDENTS)
The petitioner has resigned from the
directorship of the company in
question. The petitioner would not
incur a disqualification under Section
164 of the Companies Act, 2013.
12
11
L
LATE MONA AGGARWAL THROUGH HER LEGAL HEIR
MR. VIJAY
KUMAR AGGARWAL & ANR. (APPELLANTS)
V.
GHAZIABAD
Section 248 of the Companies Act,
2013 in no manner will affect the
powers of the Tribunal to wind up a
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Corporate law including Company law 4 | P a g e
ENGG. COMPANY LTD. & ORS. (RESPONDENTS) company the name of which has been
struck off from the register of
companies.
2
1
M
MR. PANKAJ KUMAR MISHRA (APPELLANT)
V.
REGISTRAR OF
COMPANIES, MUMBAI & ORS. (RESPONDENTS)
The Tribunal must give a reasonable
opportunity of making representations
and of being heard before
passing an order, to the Registrar, the
Company and all the persons concerned
under Section 252 (1)
of the Companies Act, 2013.
22
17
MUKUT PATHAK & ORS.
V.
UNION OF INDIA & ANR.
Penalty u/s 164(2) of Companies Act
not to apply retrospectively
24
19
M/S IND-SWIFT LIMITED (APPELLANT)
V.
REGISTRAR OF
COMPANIES (PUNJAB & CHANDIGARH) (RESPONDENT)
Repayment of Deposits accepted
before Commencement of the
Companies Act, 2013
5
4
Q
QVC EXPORTS PVT. LTD. & ORS. (APPELLANTS)
V.
COSMIC FERRO ALLOYS LTD. & ORS. (RESPONDENTS)
Removal of Nominee Director with
majority vote in duly convened EGM
giving special notice
18
14
R
REGISTRAR OF COMPANIES, KERALA (APPELLANT)
V.
AYOLI ABDULLA (RESPONDENT)
NCLT per se has no power to waive
the filing fee & additional fee.
19
15
REGIONAL DIRECTOR, SOUTHERN REGION AND
ORS. (APPELLANTS)
V.
REAL IMAGE LLP AND ORS. (RESPONDENTS)
If an Indian Limited Liability Partnership
(‘LLP’) is proposed to be merged into an
Indian company then
firstly, the LLP has to apply for registration
under Section 366 of the Companies Act,
2013.
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Corporate law including Company law 5 | P a g e
37
30
RISHIMA SA INVESTMENTS LLC (PETITIONER)
V.
REGISTRAR OF COMPANIES, WEST BENGAL & ORS.
(RESPONDENT)
A person other than member or creditor
can also challenge the ‘Striking’ off the
Company Name
11
10
S
S. P. VELUMANI & ANR. (APPELLANTS)
V.
MAGNUM SPINNING MILLS INDIA PVT. LTD. & ORS.
(RESPONDENTS)
The decision of the Board of Directors to
write off the bad debt is a commercial
decision, which does
not warrant any judicial interference
25
20
S. GOPAKUMAR NAIR & ANR.
V.
OBO BETTERMANN INDIA PVT.
LTD.
Purchase of minority shares without
compliance to Companies Act amounts
to oppression and
mismanagement.
31
25
SHASHI PRAKASH KHEMKA (DEAD) THROUGH LRS.
AND ANR. (APPELLANTS)
V.
NEPC MICON & ORS. (RESPONDENTS)
Power vested with the NCLT to deal
with issues pertaining to rectification of
register of members and
not the civil courts.
32
26
S. AHAMED MEERAN (APPELLANT)
V.
RONNY GEORGE & ORS
(RESPONDENTS)
Eligibility criteria to maintain petition
before the Tribunal & Grant of waiver to
maintain application
under Sections 241 & 244 of the Companies
Act, 2013
34
28
SAS HOSPITALITY PVT LTD & ANR
v.
SURYA CONSTRUCTIONS PVT LTD & ORS [DEL]
CS (Communication) 1496 of 2016
Companies Act, 2013 – Sections 59 & 62 –
Allotment of shares – Jurisdiction of civil
court – Suit filed seeking declaration that
the allotment of shares is null and void –
Whether civil court has jurisdiction- Held,
No.
10
9
T
THE REGISTRAR OF COMPANIES, WEST BENGAL
(APPELLANT)
V.
KARAN KISHORE SAMTANI (RESPONDENT)
The issue for consideration is, whether
Tribunal can impose the compounding
fees under Section 441
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Corporate law including Company law 6 | P a g e
CASE STUDY-> Page No. 39
Cyrus Investments Pvt. Ltd. & Anr. V. Tata Sons Ltd. & Ors.
(1) of the Companies Act, 2013 less than
minimum fine prescribed for the offence
under Section 165 (1)
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