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Is the court mere a prophet in the marriage of companies? : a critical study into the role of the court under section 391 of the companies act

By: Contributor(s): Publication details: BangaloreBangalore NLSIU 2009Description: 92 p. ; 25 cmSubject(s): Online resources:
Contents:
TABLE OF CONTENTS Introduction; Chapter I. Whether it's a mechanical act for the court to sanction the Scheme?--4 A. Courts role in the approval of the Scheme; a) The UK position; b) The Indian position; B. Doctrine of "public interest" vis-a-vis the Scheme of Approval; Chapter II. Application for the sanction of the Scheme; A. Should the transferor and the transferee company make separate petitions? B. Notice to the Central government under Section 394A of the Act; Chapter III. Power and Role of the Court; A. High Court is not a Court of appeal; B. Courts role in ensuring dissemination and disclosure of Information; C. Approval of the Scheme- Scope of enquiry by the Court; D. Disclosure of material interest of directors; a) "Business judgment rule"; Chapter IV. Sanctioning of the Scheme; A. When the Scheme comes into force; B. Binding nature of the Sanctioned Scheme; C. Power of the Court to enforce or modify the Scheme; Chapter V. The Road ahead for Merger and Acquisition; A . Demerger- Summary of proceedings; Conclusion; Bibliography; Annexure I
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Dissertation . Not for loan LLM241

TABLE OF CONTENTS Introduction; Chapter I. Whether it's a mechanical act for the court to sanction the Scheme?--4 A. Courts role in the approval of the Scheme; a) The UK position; b) The Indian position; B. Doctrine of "public interest" vis-a-vis the Scheme of Approval; Chapter II. Application for the sanction of the Scheme; A. Should the transferor and the transferee company make separate petitions? B. Notice to the Central government under Section 394A of the Act; Chapter III. Power and Role of the Court; A. High Court is not a Court of appeal; B. Courts role in ensuring dissemination and disclosure of Information; C. Approval of the Scheme- Scope of enquiry by the Court; D. Disclosure of material interest of directors; a) "Business judgment rule"; Chapter IV. Sanctioning of the Scheme; A. When the Scheme comes into force; B. Binding nature of the Sanctioned Scheme; C. Power of the Court to enforce or modify the Scheme; Chapter V. The Road ahead for Merger and Acquisition; A . Demerger- Summary of proceedings; Conclusion; Bibliography; Annexure I