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May 03 1989

Narendra Kumar Maheshwari Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : May-03-1989

Subject : Company

Acts : Constitution of India - Articles 12, 14, 19(1), 38, 39, 136 and 226; Companies Act, 1956 - Sections 2(12) and 123; Administrative Law; Monopolies and Restrictive Trade Practices Act; Companies Act, 1956 - Sections 2(12) and 123; Transfer of Property Act, 1882 - Sections 48; Capital Issues(Control) Act, 1947 - Sections 3 and 12

Reported in : AIR1989SC2138; (1989)2CompLJ95(SC); JT1989(2)SC338; 1989(1)SCALE1353; 1990Supp(1)SCC440; [1989]3SCR43

to the said guidelines. It appears that from time to time, in exercise of the powers conferred by Section 12 of the Capital Issues (Control) Act, 1947, the Central Government had issued rules and guidelines. On about April … necessary to set out in detail these proposals. On 4th July, 1988, CCI granted the consent under the Capital Issues (Control) Act, 1947 to the public issue. There were variations between the proposal and the Order of consent of the CCI.50.

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May 03 1983

Unit Trust of India and Others Vs. Om Prakash Berlia and Others

Court : Mumbai

Decided on : May-03-1983

Subject : Company

Acts : Capital Issues (Control) Act, 1947 - Sections 3(2) and 4(2); Companies Act, 1956 Sections 2(12), 8(1A), 45, 47, 75, 81, 81(A), 81(1), 81(1A), 81(3), 85, 108, 108D, 144, 155, 187C, 187D, 247, 293, 293(1) and 408(1)

Reported in : [1983]54CompCas723(Bom)

to continue till the 25th June, 1983. Company - waiver - Sections 3 (2) and 4 (2) of Capital Issues (Control) Act, 1947 and Sections 2 (12), 8 (1A), 45, 47, 75, 81, 81 (A), 81 (1), 81 (1A), 81 (3), … company. Explanation. - In this sub-section, 'equity share capital' and 'equity shares' have the same meaning as in section 85. (1A) Notwithstanding anything contained in sub-section (1), the further shares aforesaid may be offered to any persons

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May 15 1987

Consumer Education and Research Vs. T.T.K. Pharma Ltd. and ors.

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Decided on : May-15-1987

Subject : MRTP

Reported in : (1990)68CompCas89NULL

the public issue had been expressly authorised and approved by the Central Government under the provisions of the Capital Issues (Control) Act, 1947, no order under Section 37 could be passed and also registration of any agreement regarding this issue is … of 1930), andincludes,-- (iii) in relation to goods supplied, distributed or controlled in India, goods imported into India." 12. There is no doubt that shares are goods. But the main question is whether they exist before allotment

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Apr 16 1991

N. Parthasarathy Vs. Controller of Capital Issues and anr.

Court : Supreme Court of India

Decided on : Apr-16-1991

Subject : Company

Acts : Capital Issues (Control) Act, 1947 - Sections 3; Companies Act, 1956 - Sections 3(6), 55A, 61, 62, 63, 72 and 81(1A); Constitution of India - Articles 14, 39, 136, 226 and 298; Monopolies and Restrictive Trade Practices Act, 1969 - Sections 2

Reported in : AIR1991SC140; [1991]72CompCas651(SC); (1991)2CompLJ1(SC); JT1991(2)SC218; 1991(1)SCALE675; (1991)3SCC153; [1991]2SCR329

to its letter dated 26.7.89 intimated that the Central Government in exercise of the powers conferred by the Capital Issues (Control) Act, 1947 gave their consent to the issue by L&T; Ltd. of 12.5% secured fully convertible debentures of the value … 22.9% without any consideration whatsoever for agreeing to such reduction and to pass on their vested rights Under Section 81 of the Companies Act to preemptive allotment of shares in Larsen & Toubro to the members, debenture

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Mar 25 1988

Godore Tools (India) (P.) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Mar-25-1988

Subject : Direct Taxation

Reported in : (1988)25ITD193(Delhi)

In particular, he pointed out that CCS did not flow from Section 3 of the Import and Export (Control) Act, 1947. He submitted that whereas the earlier schemes could, be said to have aimed at compensation for certain disadvantages … of India [1985] 152 ITR 308, i.e., all liabilities are to be deducted for the purpose of computing capital employed, which shall have the effect of the Revenue's appeal on the point being allowed and the assessee's … not entitled to any weighted deduction on the following items : Identical issues had come up before the Special Bench, as also before the Division … learned CIT (Appeals) further allowed weighted deduction to the extent of Rs. 12,81,188.4.2 Both the sides placed reliance on the decision of the Special Bench

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Sep 29 1995

In Re: Novopan India Limited;

Court : Andhra Pradesh

Decided on : Sep-29-1995

Subject : Company

Acts : Capital Issues (Control) Act, 1947 - Sections 3; Companies Act, 1956 - Sections 21, 81, 100, 101, 101(2), 102, 102(1), 102(2), 173, 176, 391, 391(1), 391(2), 393, 393(1), 394 and 394A; Companies (Court) Rules, 1959 - Rule 85

Reported in : [1997]88CompCas596(AP)

(xiii) Though fresh capital cannot be issued without the permission of the Controller of Capital Issues under the Capital Issues (Control) Act, 1947, section 3, where a scheme envisages increase of capital the fact that permission for issue of fresh capital was … view of the fact that the change of name could be effected only on the scheme being sanctioned. 12. We shall now deal with the objection taken by the Central Government with regard to the procedure to

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Jan 31 1977

In Re: Wood Polymer Limited; in Re: Bengal Hotels Pvt. Ltd.

Court : Gujarat

Decided on : Jan-31-1977

Subject : Direct Taxation

Acts : Companies Act, 1956 - Sections 391(1), 391(2), 394 and 396; Income Tax Act, 1961 - Sections 45 and 47

Reported in : [1977]109ITR177(Guj)

debentures by certain public limited companies from the provisions contained in Sections 3, 4 and 5 of the Capital Issues (Control) Act, 1947. There is a long proviso to this clause and sub-para. 4 of the proviso provides for the issue … 10 and 12 of 1975 are filed by Wood Polymer Limited and Bengal Hotels Private Limited, respectively, under Section 391(2) of the Companies Act, praying for according sanction to a scheme of amalgamation of the afore-mentioned two

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Jan 10 2023

Residents Welfare Association Vs. The Union Territory Of Chandigarh

Court : Supreme Court of India

Decided on : Jan-10-2023

Subject : Land Acquisition

4(1)(f) of the 1952 Act and Sections 3, 4, 5 and 11 of the Punjab New Capital (Periphery) Control Act, 1952 and under Article 239 of the Constitution of India.11. Noticing that in spite of the repeal of … PLAN­2031…………… Paras 64 to 77 . IX. CONSIDERATION OF CITED CASES…………… Paras 78 to 91 X. CONSIDERATION OF ISSUES…………………… Paras 92 to 144 XI. ENVIRONMENTAL ISSUES………………………. Paras 145 to 152 XII. CONCLUSION……………………………………….. Paras 153 to 171 1 … State of Punjab. I. BACKGROUND:3. After India attained independence in the year 1947, the Government of Punjab in consultation with the Government of India approved … of 2022) INDEX I. BACKGROUND…………………………………...... Paras 3 to 12 II. PROCEEDINGS BEFORE THE HIGH Paras 13 to … 1960, the Government of Punjab, in exercise of the powers conferred by Sections 5 and 22 of the 1952 Act, made the Chandigarh (Sale of

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Feb 22 2002

Yogesh JaIn Vs. Union of India (Uoi)

Court : Delhi

Decided on : Feb-22-2002

Subject : Company

Acts : Securities and Exchange Board of India Act, 1922 - Sections 11, 12, 30 and 31; Securities and Exchange Board of India (Stock broker and sub-broker) Rules, 1992 - Rule 4; Securities and Exchange Board of India (Stock Broker & Sub-Broker) Regulation, 1992

Reported in : [2004]118CompCas758(Delhi)

organisations in the securities market; (j) performing such functions and exercising such powers under the provisions of the Capital Issues (Control) Act, 1947 and the Securities Contracts (Regulation) Act, 1956, as may be delegated to it by the Central Government; (k) … in Sections 11 and 12 of the Act. Section 11 deals with the functions of the Board and section 12 deals with registration of stock brokers and sub-brokers, share transfer agents etc. Sections 11 and 12(1) reads as

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Jun 02 1989

Oswal Agro Furane Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Decided on : Jun-02-1989

Subject : Excise

Reported in : 1989(24)LC533(P& H)

licence (Annexure P-3) dated 5th April 1982 giving statutory effect under Section 3 of the Import and Export (Control) Act, 1947 (hereinafter called the 'Act') to the conditions which were to be made applicable to 100% Export Oriented Units … 21st June, 1984 entered into a supply agreement with Messrs. Ballestra SPA Milano Italy for the import of capital of goods for the total value of 30 million U.S $. This was done because as per the … up 100% Export Oriented Units. The Chief Controller of Imports and Exports issued an open general licence (Annexure P-3) dated 5th April 1982 giving statutory … Punjab up to the capacity specified therein. The Corporation vide communication dated 12th November, 1982, accepted the terms of letter of intent.4. It is averred

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