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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. … of the Controller of Capital Issues. By an order dated 9th September, 1988 this Court had directed that the four writ petitions and one civil … 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)

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

Court : Punjab and Haryana

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 … India is whether through the impugned letter, Annexure P-7, dated 18th May, 1987, respondent No. I can amend, dilute or restrict the conditions of industrial

R.K. Industries Vs. Collector of Customs and C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Land Acquisition

Reported in : (1989)(24)LC407Tri(Delhi)

goods in question were imported only the Licensing Authority could take the action under the Imports and Exports (Control) Act, 1947 and not the Customs Authorities under the Customs Act, 1962.7. In reply Shri T.H.K. Ghauri, learned SDR while … were imported and cleared against Additional Licence No. P/W/2855239/83 dated 20-9 1983. The said Licence allowed import of Capital Goods (i.e. Industrial Sewing Machines in question) listed in Appendix 2 to the I.T.C. Policy April 1983 - … could only be sold to actual users. Ultimately show cause notices were issued to the appellant firm and their partners calling upon them to show … valid documents regarding their licit importation/acquisition/possession, the said machines were seized under Section 110 of the Customs Act, 1962 in the reasonable belief that the … seized under Section 110 of the Customs Act, 1962 in the reasonable belief that the same were

Mrs. Geeta Kapoor, Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : Company

Acts : Capital Issues Control Act, 1947; Foreign Exchange Regulation Act, 1973 - Sections 19(1); Companies Act, 1956 - Sections 81, 81(1)(A), 82, 397 and 399; Sale of Goods Act, 1930; Securities and Exchange Board of India Act - Sections 24

Reported in : III(2005)BC369; [2006]132CompCas369(Delhi); (2005)5CompLJ13(Del); 119(2005)DLT33

that the entire amount financed bythe company was repayable in 24 equated monthly installments, for which the borrower issued post dated cheques.3. It has been further averred that the borrower did not make timely payments leading to … Manager Shri Rajeev. 3. That they also threatened to the complainant that in case he shall initiate any action either in the Court or the police, he shall be implicated in the false criminal case and shall … for quashing of a First Information Report alleging commission of offences under Sections 392, 452 and 506 read with Section 34 of the Indian Penal

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 … having the title Consumer Education and Research Centre v. T.T.K.Pharma Ltd. (Restrictive Trade Practices Enquiry No. 157 of 1986), 33 enquiries stand disposed of. The remaining enquiries bear Restrictive Trade Practices Enquiry Nos. 158 to 185 of

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 … 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, … 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 … D.H. Nasir, J.1. Company Application No. 46 of 1995 has been made by Novopan India Limited (hereinafter referred to as 'the transferor company') and Company Application No.

State of West Bengal Vs. Motilal Kanoria

Court : Supreme Court of India

Subject : Customs

Acts : Constitution of India - Article 134(1); Imports and Exports (Control) Act, 1947 - Sections 3 and 5; Imports and Exports (Control) (Amendment) Act, 1960; Sea Customs Act, 1878 - Sections 3(2); Defence of India Rules - Rule 84(3); Imports and Exports (Control) (Amendment) Act, 1950

Reported in : AIR1966SC1586; 1966CriLJ1210; [1966]3SCR933

1963 by which the conviction of the respondent Motilal Kanoria under s. 5 of the Imports and Exports (Control) Act, 1947 and the sentence of fine of Rs. 200/- (in default simple imprisonment for one month) imposed by the … licence is granted to you subject to the following conditions :- (a) In case the project involves any capital issue and if such capital issue is not sanctioned the licence is liable to cancellation. (b) That if … Konnaggar, Eastern Railways (Ex. 1). On May 26, 1955 a licence was issued (Ex. 3). The licence read as follows :- 'This licence is issued … may be in force at the time of their arrival. Sd. Illegible Section Officer 26-5-55 for Chief Controller of Imports and Exports. 26-5-1955. Issued from … the High Court of Calcutta dated September 4, 1963 by which the conviction of the respondent Motilal

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 … 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 … application under Sections 391, 392, 393 and 394 of the Companies Act, 1956, for sanction of a scheme of amalgamation and other consequential orders 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 … 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 … 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