Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Company petition Companies Act Withdrawal of case |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Companies Act, 1956: ss. 397 and 398 - Company petition - With the consent of other share-holders - Withdrawal of, by original petitioners - Effect of- Held: The withdrawal would not render the petition non-existent, or non-maintainable - The constructive parties who provide consent to file the petition, are entitled to be transposed as petitioners in the case. s. 399 - Company petition - With the consent of other share-holders - Form of consent - Held: Consent need not be given by the share-holder personally - It can be given by Power of Attorney holder of such share-holder - The issue of consent must be decided on he basis of broad concensus approach, in relation to the avoidance and subsistence of the case - If share-holder who had initially given consent to help meet the requirement of 1/10th share-holding, transfer of shares by him or if he ceases to be share-holder, would not affect the maintainability and continuity of petition. Companies Rules, 1959 - r. 88(2) - Company petition - Withdrawal of - Procedure for, prescribed under r. 88(2) - Whether excludes applicability of the procedure under CPC - Held: No - Code of Civil Procedure,ยท 1908. Code of Civil Procedure, 1908: Or. XXIII r. 1 (5) - Withdrawal of case - Without the consent of other parties - Propriety of - Held: A suit filed in representative capacity also represents persons besides the plaintiff - Grant of withdrawal of such petition without the consent of other parties, is unjustified and such order is without jurisdiction. Doctrines: 'Ubi jus ibi idem remedium' - Applicability. 'Actus Curiae Neminem Gravabit' - Applicability |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 215 |
Petitioner | Bhagwati Developers Private Ltd. |
Respondent | The Peerless General Finance Investment Company Limited & Ors. |
SCR | [2013] 5 S.C.R. 708 |
Judgement Date | 2013-04-04 |
Case Number | 361-362 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |