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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 … transferor and transferee companies an order was passed by my learned brother, P. Venkatarama Reddi J., on March 29, 1995, in both these applications holding that there was no legal impediment for ordering meetings to be convened

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 … herein are respondents Nos. 16, 17 and 15, respectively; first respondents Nos. 2 to 15 herein are respondents Nos. 1 to 14 in the company … 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

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

Court : Supreme Court of India

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 … debentures of Larsen & Toubro Ltd. filed a writ petition being No. 2595 of 1980 in the High Court of Judicature at Bombay against the

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

Court : Mumbai

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

Madanlal Fakirchand Dudhediya Vs. Changdeo Sugar Mills Ltd. and ors.

Court : Mumbai

Subject : Company

Acts : Indian Companies Act, 1956 - Sections 9, 76, 76(1), 78(2), 87, 105 and 309(6); Code of Civil Procedure (CPC), 1908; Capital Issues (Continuation of Control) Act, 1947 - Sections 2; Indian Companies Act, 1913 - Sections 105 and 105(1); Company Law

Reported in : AIR1958Bom491; (1958)60BOMLR254; ILR1958Bom250

(b) of Sub-section (1) of Section 76.18. Mr. Munshi has next contended that since the enactment of the Capital Issues (Continuance of Control) Act, XXIX of 1947, debenture would also be capital of the company. Mr. Munshi has … was whether a particular mode of raising the sum required for working capital was prohibited by Section 8, Sub-section (2) of the Act of 1900 and was accordingly beyond the power of the Company. The point whether Sub-section

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 … debentures with issue of shares is a restrictive trade practice. The word "restrictive trade practice" is defined in Section 2(o) of the Monopolies and Restrictive Trade Practices Act which reads as under : " 'restrictive trade practice' means

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) … i.e., W.P. No. 1791/88 pending before the Delhi High Court, W.P. No. 2708/88 pending before the Jaipur Bench of the Rajasthan High Court, W.P. No.

Raymond Synthetics Ltd. and Others Vs. Union of India and Others

Court : Supreme Court of India

Subject : Company

Acts : Companies Act, 1956 - Sections 2(31), 3(2), 4, 5, 51, 55, 56, 57, 58, 60, 69(5), 73(2-A, 3 and 4), 530, 641, 642 and 732(A); Securities Contracts (Regulations) Act, 1956 - Sections 22; Capital Issues (Control) Act, 1947; Companies (Amendment) Act, 1988; Companies (Amendment) Act, 1974; Companies (Central Government's) General Rules and Forms (Second Amendment), 1991; Constitution of India - Article 226; Transfer of Property Act - Sections 60; Uttar Pradesh Sugarcane Cess Rules, 1956 - Rule 4

Reported in : AIR1992SC847; [1992]73CompCas762(SC); JT1992(1)SC463; 1992(1)SCALE264; (1992)2SCC255; [1992]1SCR481

100 each at par. This Order was, made by the Government in exercise of its power under the Capital Issues (Control) Act, 1947. One of the conditions attached to the order reads: The company shall scrupulously adhere to the time limit … in writ petition No. 2038 of 1991 is, when does a company become liable to pay interest under Section 73(2A) of the Companies Act, 1956 (the 'Act'). The answer to it depends on the answer to the … from the judgment of the Bombay High Court in writ petition No. 2038 of 1991 is, when does a company become liable to pay interest

Birla Jute Manufacturing Co. Ltd. Vs. Commissioner of Wealth Tax, West ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Indian Companies Act, 1956 - Sections 211; Capital Issues (Control) Act, 1947 - Sections 3; Wealth Tax Act - Sections 7 and 7(2)

Reported in : AIR1971SC2458; [1971]82ITR142(SC); (1971)3SCC583; [1972]1SCR104; 1971(III)LC756(SC)

issuing bonus shares for which the consent of the Central Government was necessary under Section 3 of the Capital Issues (Control) Act, 1947. The same was not granted. The assessee, however, did not produce the order of the Central Government showing … the balance sheet of the business as on the valuation date. It must be remembered that under Section 211 of the Indian Companies Act, 1956, every balance sheet of a company must give a true and fair

Union of India (Uoi) Vs. Yokogawa Bluestar Ltd.

Court : Karnataka

Subject : Customs

Acts : Import and Exports (Control) Act, 1947 - Sections 3A; Customs Act, 1962 - Sections 15, 25 and 35A

Reported in : 2000(72)ECC279; 2001(129)ELT598(Kar)

Facts : The Govt. of India, in exercise of its power under Section 3A of Import & Exports (Control) Act, 1947 notified an export and import policy and was made effective from 1-4-1992 for a period of five years. … and was made effective from 1-4-1992 for a period of five years. The said policy provided for importing capital goods by Companies with a licence issued under EPCG (Export Promotion Capital Goods) Scheme at a concessional rate … said policy provided for importing capital goods by Companies with a licence issued under EPCG (Export Promotion Capital Goods) Scheme at a concessional rate of … this appeal aggrieved by the order passed in WP No. 33537/94 dated 2-8-1999.2. Facts : The Govt. of India, in exercise of its power under