VIGNESH KUMAR - Qualified Company Secretary

  CASE DIARY Name of the case M/s Laxmi Continental Construction Co. v. State of U.P. & Anr. Application Ref. Civil Appeal No. 6797 OF 2008 Appellant M/s Laxmi Continental Construction Co. Respondent State of U.P. & Anr. Judiciary Supreme Court of India Bench ·          Hon’ble Justice M R Shah ·          Hon’ble Justice A S Bopanna Date of judgment Sept. 20, 2021 PART - A: OVERVIEW ·       The Apex Court on the 20 th day of September 2021 rendered its judgment in an appeal preferred by the Appellant in the jurisdiction of the Hon’ble Supreme Court against the order passed by a bench of Hon’ble Uttaranchal High Court which set aside the order passed by Civil Judge (Senior Division),...

A.     GOVERNING PROVISIONS : ·          Section 123 of the Companies Act, 2013 ·          Companies (The Companies (Declaration and Payment of Dividend) Rules, 2014) ·          Secretarial Standards 3 issued by the Institute of Company Secretaries of India. ( “SS-3”) ·          SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015   B.      MEANING OF DIVIDENDS : ·      Dividend : Section 2(35) of the Companies Act, 2013 read with SS-3 outlines that dividends shall mean such amounts appropriated out of the profits of the company or from the free reserves of the company when permitted, which shall be distributed to the members of the company as and when declared / recommended by the board of directors and as subsequently approved by the sh...

  CASE DIARY Name of the case NTPC Limited v. M/s Deconar Services Pvt. Ltd. Application Ref. Civil Appeal No. 6483 of 2014 Appellant NTPC Limited Respondent M/s Deconar Services Pvt. Ltd. Judiciary Supreme Court of India Bench ·          Chief Justice N V Ramana ·          Justice Surya Kant ·          Justice Aniruddha Bose Date of judgment March 04, 2021 OVERVIEW ·       The Apex Court on 4 th day of March 2021 was considering an appeal filed by Appellant involving substantial question of law viz. whether the judiciary is empowered or bound to interfere with the arbitral award issued by the arbitrator under the Arbitration Act, 1940.   · ...