LITIGRA
LITIGATION AND ADVISORY PRACTICE
WRITING
All Writing →Selected notes on recent judgments from our practice.
Punjab and Haryana High Court Stays Assistant Registrar's Order Halting a Cooperative Society Election After the Result Was Declared: Section 28(2), Haryana Cooperative Societies Act, 1984
The Punjab and Haryana High Court stayed an order of the Assistant Registrar, Cooperative Societies, Rewari, which had stayed a society's election pending an enquiry after the election had been held and its result declared. The petitioners contend that the Haryana Cooperative Societies Act, 1984 gives the Assistant Registrar no such power, and that a dispute can be raised only through an election petition.
Removal from Register of Members Is a Completed Act, Not a Continuing Wrong: NCLT Chandigarh Dismisses Oppression Petition Under Sections 241 and 242 as Barred by Limitation
NCLT Chandigarh dismissed a petition under Sections 241 and 242 of the Companies Act, 2013 as barred by the three-year period under Article 113 of the Limitation Act, 1963, holding that the removal of a shareholder's name from the register of members is a completed act, and that its continuing consequences do not make it a continuing wrong.
Securities Premium Account Utilised to Write Off Accumulated Losses: NCLT Chandigarh Confirms Reduction of Share Capital Under Sections 66 and 52 of the Companies Act
NCLT Chandigarh confirmed a reduction of share capital under which a solvent company set off accumulated losses of Rs. 42.59 crore against its securities premium account, holding that a pure accounting adjustment involving no payout, no cancellation of shares and no reduction in any creditor's dues causes no prejudice to creditors.
SEZ Approval Need Not Hold Up a Demerger: NCLT Chandigarh
NCLT Chandigarh sanctioned the demerger of an SEZ developer's Phase-II business undertaking without first requiring SEZ approval, accepting that the approval under Instruction No. 109 may be obtained after sanction, with the Scheme taking effect on the later of the ROC filing and receipt of that approval.
PRACTICE
All Areas →Civil Litigation
Injunctions, title disputes, contempt proceedings, and writ petitions.
Mergers & Acquisitions
Amalgamation schemes, capital reductions, and cross-border mergers.
Insolvency & Restructuring
CIRP proceedings, moratorium disputes, and resolution plans.
Criminal Defence
Quashing petitions, bail applications, and criminal revisions.
Service Law
Pension entitlements, pay fixation, and promotion disputes.
Taxation
Direct and indirect tax challenges and writ petitions.