Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Companies Law - Highlights / Catch Notes

Home Highlights June 2024 Year 2024 This

The High Court considered a petition for provisional winding up ...


Court Reviews Winding Up Petition for Company Amid Fraud Allegations; Emphasizes Thorough Investigation Before Decision.

June 7, 2024

Case Laws     Companies Law     HC

The High Court considered a petition for provisional winding up of a company u/s 450 of the Companies Act, 1956. The key issue was whether the petition should be admitted for liquidation due to alleged fraudulent activities. The court noted that fraudulent activities, such as misappropriation of funds, could warrant winding up. The respondents vaguely defended against the allegations, mentioning past irregularities of the appellant without clarifying their relevance. The court emphasized that winding up may be justified if the company's affairs are conducted unfairly or prejudicially to shareholders. Both parties were directed to provide material information to support their contentions. The court highlighted the need for a thorough examination of the company's circumstances and potential alternative solutions before making a winding up decision.

View Source

 


 

You may also like:

  1. Seeking grant of bail - money laundering - proceeds of crime - misappropriation of credit facilities extended by the banks for personal gain - creation of shell...

  2. The High Court considered the maintainability of a review petition based on a subsequent judgment and the condonation of a 619-day delay in filing the civil review...

  3. In the matter under review, the High Court dismissed the review petitions filed by the parties. The Court held that no grounds were established for seeking a review of...

  4. Seeking grant for Anticipatory Bail - Allegations of availing ineligible Input Tax Credit (ITC) by their firm. - Prayer to release the attached bank account -...

  5. Review Petition - The High court found no error apparent on the record to warrant entertaining the Review Petition. The grounds raised were deemed untenable and showed...

  6. The High Court addressed the maintainability of a review application u/s 114 of the Code of Civil Procedure concerning the assessment of anonymous donations received by...

  7. The review petition challenges the order imposing interest liability over the withheld amount and cost on the Managing Director. The court held that reviewing an order...

  8. The case involves a review petition filed in the Madhya Pradesh High Court seeking to recall an order that dismissed an appeal due to the absence of substantial...

  9. Seeking grant of Regular Bail - Money Laundering - proceeds of crime - predicate offence - subsidy fraud in IFFCO by opening Kisan International Trading - The Delhi High...

  10. Seeking review of order - error apparent on the face of record or not - The court acknowledged the existence of the amendment to Paragraph 9.3 of the Handbook of...

  11. Doctrine of Merger of High Court Decision with the Order of Supreme Court - The Jharkhand High Court, in its analysis, delved into the doctrine of merger, a pivotal...

  12. Withdrawal/modification of approved Resolution Plan - Section 31(1) of IBC - The Supreme Court addressed cross-appeals concerning the approval of a resolution plan under...

  13. HC held that pre-show cause consultation was not mandatory in tax evasion cases and extended 5-year limitation period under Section 73(1) applied when proceedings...

  14. The Punjab and Haryana High Court dismissed the petition challenging the cancellation of GST registration of the petitioner company. The court found that the...

  15. The Delhi High Court upheld the order quashing of the disciplinary proceedings against the Regional Director (NR) of ROC, emphasizing the distinction between executive...

 

Quick Updates:Latest Updates