2017-TIOLCORP-NEWS-102 | Wednesday, May 24, 2017

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COMPANIES LAW
 
2017-TIOLCORP-07-NCLT

Pradeep Kumar Goil And Sarveshwar Infrastructure Pvt Ltd

Whether as per Section 283 the onus to prove service of notice of Board meeting is on the party convening the meeting particularly when it is contended that no such notice was received by the Board Members - YES : NCLT

Whether copy of the resolutions passed at the Board Meeting would validate the service of notice of the meeting to all Directors - NO:NCLT

Whether application filed u/ 397 & 398 would succeed when it is evident that such application was filed mainly to foil the proceedings before DRT in respect of company's property - NO: NCLT

Whether the Board can only appoint 'Additional Directors' u/s 260 and appointment of directors retiring by rotation has to be done only at Annual General Meeting of the Company - YES: NCLT

Whether a resolution appointing certain persons as 'Directors' shall be valid if notice of the meeting in which such resolution was passed was not served on some of the directors - NO: NCLT

- Petition Partly Allowed: NCLP

 
COMPETITION LAW
 
2017-TIOLCORP-02-HC-MAD-CL

All India Chess Federation Vs CCI

Whether rights of any party to the dispute would be affected by an enquiry conducted for abuse of dominant position under competition act if the outcome of such enquiry is subject to the result of a writ petition filed in this behalf - NO: HC

Whether enquiry for abuse of dominant position under competition act can continue when it does not curb rights of any party under dispute - YES: HC

- Case Deferred: MADRAS HIGH COURT

 
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