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Supercom India Ltd. Vs. Directorate General Foreign Trade, Ministry of ...

Court : Delhi

Subject : Customs

Acts : Imports and Exports (Control) Act, 1947 - Sections 4(1); Foreign Trade (Development and Regulation) Act, 1992 - Sections 20(2); Imports (Control) Order, 1955

Reported in : 2003(66)DRJ294; 2003(87)ECC577; 2003(160)ELT69(Del)

not be taken against the petitioners by imposition of penalty under Section 4(1) of the Imports and Exports (Control) Act, 1947 read with Section 20(2) of the Foreign Trade (Development and Regulation) Act, 1992. The case of the respondents … had imported raw material valued at Rs. 196.56 lacs during the period 1989-90 to 1994-95 and also imported capital goods valued at Rs. 24.56 lacs during 1989-90 to 1990-91. It exported goods only to the value of … Pollution Control Board prior to commencement of production.3. The respondents on 27.2.1996, issued a show cause notice calling upon the petitioner to show cause within

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 … applications were made to C.C.I. for (1) the right issue of Rs. 200 crores and (II) the public issue of Rs. 720 crores. The application

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) … 1988, of about 3 crores debentures of the face value of Rs. 200 each which was the largest convertible debentures issue in India. It was

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 … 1, 1955. There was no observation at all that the ordinary shares could come into existence before allotment 20. Shri S.S. Kumar, advocate and learned counsel for the Director-General and the complainant, contended that even if it

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 … 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 … Rs. 920 crores, namely, (1) Right Issue to the extent of Rs. 200 crores and (2) Public Issue of Debentures to the extent of Rs.

M/S Optina Impex Pvt. Ltd. Vs. Union of India and Others

Court : Delhi

Subject : Commercial

Acts : Import and Export (Control)) Act, 1947 - Sections 4-M and 4I(1); Foreign Trade (Development and Regulation) Act, 1992 - Sections 20(2)

Reported in : 2001IVAD(Delhi)125; 91(2001)DLT566; 2001(75)ECC758; 2003(151)ELT493(Del)

Show cause notice was issued by the respondent under Sections 4-M and Section 4I(1)(a) of Import & Export (Control) Act, 1947 read with Section 20(2) of the Foreign Trade (Development & Regulation) Act, 1992 to the petitioner. Adjudication order … of the said Letter of Intent Mr. Hazarika has contended that there was shortfall in the export, the capital goods were imported by the petitioner without payment of import duty under said license and the petitioner enjoyed … order to successfully compete in the world market.3. Show cause notice was issued by the respondent under Sections 4-M and Section 4I(1)(a) of Import &

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 … on the interest of the director and managing director and others need be set out in the statement.....' 20. Rule 85 of the Companies (Court) Rules, 1959, provides that where a proposed compromise or arrangement involves a

Modipon Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : MRTP

Reported in : (1995)54ITD433(Delhi)

(a) the requisite sanction or approval, if any, of the Controller of Capital Issues under the Capital Issue (Control) Act, 1947, and of any other appropriate authorities being obtained and granted in the matters in respect of which such … as if instead of INDOFIL, MODIPON had been a party thereto.11. Clause 20 of the scheme provides that the scheme is conditional on the subject … Approval of any such governmental or other authorities as may be required. The said resolution was passed Under Section 391 and 394 of the Companies Act, 1956. By virtue of this resolution the appointed date for the

Director-general of Vs. Universal Luggage Manufacturing

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Subject : MRTP

Reported in : (1987)62CompCas275NULL

(Investigation and Registration), that the approval of the Controller of Capital Issues (Department of Economic Affairs) under the Capital Issues (Control) Act, 1947, is no bar to the institution of enquiry proceedings by virtue of Section 37(3)(b) of the Act because … New Delhi.4. As per the terms and conditions contained in the prospectus, the investors are required to purchase 20 debentures of Rs. 100 each worth Rs. 2,000 in order to subscribe for 100 equity shares of Rs.

Abdul Wahab Vs. Phiraya Lal

Court : Punjab and Haryana

Subject : Civil

Acts : Delhi and Ajmer Rent Control Act, 1952 - Sections 34(1); Punjab Courts Act, 1918 - Sections 37 and 39(3); Code of Civil Procedure (CPC) , 1908 - Sections 99

Reported in : AIR1959P& H586

Rent Control law is concerned light is thrown by the Rules made under the Delhi and Ajmer-Merwara Rent Control Act, 1947. In these Rules the terms 'Senior Subordinate Judge' was defined. Rule 2(4) reads as follows :' 'Senior Subordinate … the word 'senior' is being used as an adjective, and sometimes the capital 'S is used which may mean that the term 'Senior Subordinate Judge' … l6-5-1935 in which the expression 'Senior Subordinate Judge' is mentioned. On page 7 there is a notification under Section 20 of the Workmen's Compensation Act. On the same page are two more notifications in which Senior Subordinate Judges … empower another Court with authority to hear them, Accordingly a notification was issued by the Punjab High Court under Section 39 (3) of the Punjab