Category: Corporate

Competition Act, 2002 – Section 3 – Anti-competitive agreements – Ola and Uber do not facilitate cartelization or anti-competitive practices between drivers, who are independent individuals, who act independently of each other, so as to attract the application of section 3 of the Act, as has been held by both the CCI and the NCLAT.

SUPREME COURT OF INDIA FULL BENCH SAMIR AGRAWAL — Appellant Vs. COMPETITION COMMISSION OF INDIA AND OTHERS — Respondent ( Before : Rohinton Fali Nariman, K.M. Joseph and Krishna Murari,…

Winding up proceeding pending – Transfer of – High court to NCLT -Words “party or parties” appearing in the 5th proviso to Clause (c) of Sub-section (1) of Section 434 would take within its fold any creditor of the company in liquidation – If any creditor is aggrieved by any decision of the official liquidator, he is entitled under the 1956 Act to challenge the same before the Company Court

SUPREME COURT OF INDIA FULL BENCH ACTION ISPAT AND POWER PRIVATE LIMITED — Appellant Vs. SHYAM METALICS AND ENERGY LIMITED — Respondent ( Before : Rohinton Fali Nariman, K.M. Joseph…

Construction of Elevated Corridor (Flyover) – Rejection of bid on ground that bidder suppressed information required under paragraph 13 of Appendix IA – State of Madhya Pradesh is directed to issue a LOI as soon as is practically possible to “R” insofar as the present tender is concerned at the same financial bid as that of UPSBC.

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF MADHYA PRADESH AND ANOTHER — Appellant Vs. U.P. STATE BRIDGE CORPORATION LIMITED AND ANOTHER — Respondent ( Before : Rohinton Fali…

E P F M P Act, 1952 – Ss 1(3)(B) and 7A – Private Security Agencies (Regulation) Act, 2005 – Section 2(g) – Provisions of the EPF Act are applicable to a private security agency engaged in the expert service of providing personnel to its client, if it meets the requirement of the EPF Act – Merely because the client pays money does not become employer of guard

SUPREME COURT OF INDIA DIVISION BENCH M/S. PANTHER SECURITY SERVICE PRIVATE LIMITED — Appellant Vs. THE EMPLOYEES’ PROVIDENT FUND ORGANISATION AND ANOTHER — Respondent ( Before : Navin Sinha and…

Held, petitioner-herein will come within the definition of the expression “party” appearing in the 5th proviso to Clause (c) of Sub-section (1) of Section 434 of the Companies Act, 2013 and that the petitioner is entitled to seek a transfer of the pending winding up proceedings against the first respondent, to the NCLT

SUPREME COURT OF INDIA FULL BENCH M/S KALEDONIA JUTE AND FIBRES PRIVATE LIMITED — Appellant Vs. M/S AXIS NIRMAN AND INDUSTRIES LIMITED AND OTHERS — Respondent ( Before : S.A.…

Misbranded drugs – Feeble attempt to show compliance with Drugs Act by alleged purchase of the samples under Form 14A to the counter affidavit from an unknown source and date must be rejected outright as an attempt to create evidence where none exists – High Court therefore erred in dismissing the writ petition on grounds of delay – Appeal allowed

SUPREME COURT OF INDIA FULL BENCH VETINDIA PHARMACEUTICALS LIMITED — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : R.F. Nariman, Navin Sinha and Krishna Murari,…

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