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NabiruddIn Ahmed Vs. Central Bank of India and ors.

Court : Guwahati

Subject : CivilBanking

Acts : Army Act, 1950; Capital Issues (Control) Act, 1947 - Sections 3; All India Services (Death-cum Retirement Benefits) Rules, 1958 - Rule 16(3); Central Bank of India Officer Employees' (Discipline and Appeal) Regulations, 1976 - Regulations 4 and 6(7); Central Bank of India Officer Employees' (Conduct) Regulations, 1976 - Regulations 3.1 and 24; Indian Penal Code (IPC) - Sections 420 and 468

1993-II-LLJ-626.In Narendra Kumar Maheshwari's case (supra), the Apex Court dealt with an issue arising out of Section 3 Capital Issues (Control) Act, 1947. In Paragraph 106 of the judgment, the Apex Court opined that since the guidelines on which the petitioner … incidents.Sr. HSS a/c & name Stolen Refund Orders Amount withdrawn by theNo. collected Rs. culprits1. 5269 Sudarshan Singh 163754.33 163000.002. 5274 Nil Ratan Chakravorty 100000.00 100000.003. 5257 Anjan Mallik 68525.78 68000.004. 5304 Nihir Kana Saha 63637.48 63750.005.

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

Court : Supreme Court of India

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

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. … 1st September, 1988 and ending on 10th November, 1988 had to be strictly adhered to. The provisions of Section 73 and other applicable provisions of the Companies Act, 1956, the provisions of the Securities (Contract and Regulation) … 1791/ 88, which was filed in Delhi High Court in T.C. No. 161/88. The other writ petitions and the suit raise more or less identical

industrial Development Bank of India and ors. Vs. B. Ananthaswami and ...

Court : Chennai

Subject : Company

Acts : Capital Issues (Control) Act, 1947 - Sections 2, 3 and 3(2); Companies Act, 1956 - Sections 75(1) and 155

Reported in : [1986]60CompCas99(Mad)

the petition may be delineated as follows : On March 15, 1974, the first respondent applied under the Capital Issues (Control) Act, 1947 (XXIX of 1947), of the consent of the Central Government for its proposal to issue 13 lakhs equity … in C.P. No. 36 of 1978. The appellants herein are respondents Nos. 16, 17 and 15, respectively; first respondents Nos. 2 to 15 herein are … to the parties as they stood arrayed in the company petition. The company petition was one presented under section 155 of the Companies Act, 1956 (1 of 1956) (hereinafter referred to as 'the Act'), for rectification of

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

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

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

Standard Mills Co. Ltd. Vs. Commissioner of Income-tax, Bombay City I

Court : Mumbai

Subject : Direct Taxation

Acts : Indian Finance Act, 1956

Reported in : [1963]49ITR218(Bom)

share capital again, the company had to obtain the consent of the Controller of Capital Issues under the Capital Issues Control Act, 1947. Such a consent was obtained on the 27th July, 1955, and the consent granted was that the company … 1950. The consent granted by the Assistant Controller of Capital Issues (who was the appropriate authority appointed under section 10 of the Act), was for the issue of 8,000 ordinary shares of Rs. 100 each at par. … received over the nominal value of the shares capital was therefore, Rs. 16,87,251, which the Standard Mills credited in an account which was called 'Premium

Carona Ltd. Vs. Parvathy Swaminathan and Sons

Court : Supreme Court of India

Subject : Tenancy

Acts : Partnership Act, 1932; Maharashtra Rent Control Act, 1999 - Sections 3 and 3(1); Sick Industrial Companies Act, 1985 - Sections 22; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 12, 13 and 13(1); Saurashtra Rent Control Act, 1951 - Sections 15; Code of Civil Procedure (CPC) - Order 20, Rule 12

Reported in : AIR2008SC187; 2007(2)BLJR3030; 2007(6)BomCR801; JT2007(11)SC484; (2008)1MLJ51(SC); 2007(11)SCALE630; (2007)8SCC559

into force with effect from March 31, 2000. It repealed the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. The Preamble of the Act recites;An Act to unify, consolidate and amend the law relating to the control … intra vires, it would not apply to the case on hand inasmuch as tenant's net worth/paid up share capital has been substantially eroded and it was not rupees one crore or more when the proceedings were initiated … the matter on merits.MERITS OF THE MATTER17. The Trial Court framed necessary issues and held that the defendant-Company was the tenant; the Rent Act was … question as to constitutional validity of clause (b) of Sub-section (1) of Section 3 of the Maharashtra Rent Control Act, 1999 (hereinafter referred to as

Madan Gopal Jajoo and Others Vs. Union of India and Others

Court : Delhi

Subject : Company

Acts : Capital Issue (Control) Act, 1947 - Sections 3(6); Companies Act, 1956 - Sections 61, 62 and 63; Constitution of India - Article 226; Capital Issues (Application for Consent) Rules, 1966

Reported in : AIR1992Delhi253; [1996]85CompCas153(Delhi); ILR1992Delhi877

of Economic Affairs and the second is the Controller of Capital Issues (CCI) exercising its functions under the Capital Issues (Control) Act, 1947 (for short 'the Act).2. The petitioners have sought a writ of certiorari, or any other writ, or direction … were ultimately transferred to the Supreme Court which gave its judgment on 16 April 1991 : [1991]2SCR329 (N. Partha v. Controller of Capital Issues). During … R. Jha) Deputy Controller of Capital Issues Copy to:-1. The ROC, Maharashtra, Bombay.2. RBI, SCD, Co, Bombay.3. S.E. Section.4. Guard File 5. Reliance Industries Limited. (R. R. Jha) Deputy Controller of Capital Issues'How this amendment order came

In Re: Novopan India Limited;

Court : Andhra Pradesh

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 … same assets now constituting the security and are proposed to carry the same rights which are presently enjoyed. 16. With regard to the objection taken by the Central Government to the effect that a separate set of

United Bank of India Ltd. Vs. United India Credit and Development Comp ...

Court : Kolkata

Subject : Company

Acts : Companies Act, 1956 - Sections 53, 53(3), 173, 372, 372(13), 372(14), 391, 392, 393 and 394; ;Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 - Section 6; ;Banking Regulation Act, 1949; ;Enemy Properties Act, 1968 - Sections 2, 7(3) and 8(1)

Reported in : [1977]47CompCas689(Cal)

para. 8 and the scheme of amalgamation, para. 5. He referred to Sections 3 and 5 of the Capital Issues (Control) Act, 1947, whereunder there is a complete prohibition of issues of shares without permission of the Controller of Capital Issues … amalgamation are all spurious and unreal. He referred to paragraphs 13, 15, 16 and 22 of the petition. He analysed the said reasons set out … Salil K. Roy Chowdhury, J.1. This is an application under Sections 391, 392, 393 and 394 of the Companies Act, 1956, for sanction of a scheme of amalgamation and

Hindustan Lever Employees Union Vs. Hindustan Lever Ltd. and Others

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 81(1) and (1A), 173, 391, 391(1) and (7), 393(1), 394 and 394A

Reported in : 1994(4)BomCR465; [1995]83CompCas1(Bom); (1995)ILLJ1099Bom

the solitary control on the price of shares, viz., sanction of the Controller of Capital Issues under the Capital Issues (Control) Act, 1947, was abolished by the Government of India by repealing the said Act on May 29, 1992. Consequent on … products like soaps, detergents, toiletries and animal feeds. HLL was incorporated approximately 16 years thereafter. It was first a private company which was converted into … V.A. Mohta, J.1. These are five appeals under section 391(7) of the Companies Act, 1956 ('the Act'), against a common order dated March 3, 1994, made by