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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 … purview of the scheme. Further, according to him, the transferee company had to comply with the requirements under section 21 of the Act, and was also required to take steps to obtain a fresh certificate of incorporation from

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 … Series). The consent was challenged on the ground that no M.R.T.P clearance for the issue of capital under Section 21 or under Section 22 of the Monopolies and Restrictive Trade Practices Act, 1969 was given. It appears from

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 … to be manufactured or produced or acquired by the seller after the making of the contract of sale." 21. Obviously, the aforesaid argument does not hold any water. Firstly, the definition of future goods as given in

Transgene Bio-tech Ltd. Vs. Securities and Exchange Board of India

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Subject : Land Acquisition

Reported in : (2005)4CompLJ166SAT

filing the appeals. It has already been noticed that the Registrar under Section 21 of the Punjab University Act, 1947 is authorised to represent the University in all legal proceedings, except where there is a decision of the … No. 2 and 3 exchanges. The Appellant submitted that the Appellant No. 1 is at present having Authorised Capital of Rs.10,00,00,000/-divided into 1,00,00,000 equity shares of Rs.10/- each with Issued, Subscribed and Paid up Capital of Rs.8,94,00,000/-divided … are framed with an objective of full disclosure of to all public issues, all offers for sale and rights issues and for protection of investors. … that the factors for avoiding this violation were very much within the control of the company and it has thus violated provisions of SEBI (DIP)

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 … of Capital Issues : [1991]2SCR329 , where the original consent order dated 21 August 1989 of the CCI was upheld. We may also note at … 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

The Industrial Finance Corporation of India Vs. Delhi Administration a ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Constitution of India - Article 12

Reported in : [1973(27)FLR207]; ILR1973Delhi29; 1974LabIC223

particularly in circumstances where normal banking accommodation is inappropriate or recourse to capital issue methods is impracticable. It is a body corporate having a perpetual … in circumstances where normal banking accommodation is inappropriate or recourse to capital issue methods is impracticable. It is a body corporate having a perpetual succession … within the territory of India or under the control of the Government of India.'(14) The question, thereforee, … a managerial function and is not, thereforee, covered by the definition of 'industrial dispute' under the Industrial Disputes Act, 1947, are involved in the appeal. The Division Bench considered that there was some conflict in the various decisions … provisions which can be found in the Articles of Association of any company under the Companies Act. (56) Section 21 deals with powers to borrow, and sub-section (2) thereof provides that bonds and debentures of the Corporation shall

Vodafone India Services (P.) Ltd. Vs. Union of India

Court : Mumbai

Subject : Land Acquisition

was determined by the Petitioner in accordance with the methodology prescribed by the Government of India under the Capital Issues (Control) Act, 1947. However, according to the Assessing Officer (AO) and Transfer Pricing Officer (TPO), the Petitioner ought to have valued … company during the financial year 2008-09 i.e. Assessment Year (AY) 2009-10. On 21 August 2008, the Petitioner issued 2,89,224 equity shares of the face value … by the Petitioner was to the order dated 28 January 2013 of the TPO passed in terms of Section 92CA of the Act and the consequent draft assessment order dated 22 March 2013 passed by the AO

Commissioner of Income-tax, Gujarat I Vs. Rajkot Seeds, Oil and Bullio ...

Court : Gujarat

Subject : Direct Taxation

Reported in : [1975]101ITR748(Guj)

Plowman J., sitting singly, was regarding the interpretation of the words 'borrow' and 'lend' inspection 1 of Exchange Control Act, 1947. In that case in the winding up of H. Ltd., a company in voluntary liquidation, the executors of … paid by the members of the association as deposits amounted to borrowed capital in the hands of the assessee-company ?(2) if so, whether the Tribunal … the forward contracts business of the assessee-company was suspended by the directions issued by the Forward Markets Control Commission on December 17, 1955, and, thereafter, … charge on the port fund, which was composed of all the receipts of the authority, but which, by section 21, was to be applied in a particular order. If the interest was in default for three months, holders

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 … SCC 99 wherein in the last part of the paragraph 8, the Apex Court observed:'While interpreting the provisions Section 21 of the Act, the High Court has lost sight of the general principle of the service jurisprudence that

Sri Annapurna Cotton Mills Ltd. Vs. Commissioner of Income-tax, West B ...

Court : Kolkata

Subject : Direct Taxation

Reported in : [1964]54ITR592(Cal)

the issue of capital without such sanction was prohibited by section 3(2)(a) of the capital Issues (Continuance of Control) Act, 1947, and as the issue and creation of the debentures and mortgage was an issue of capital within the … dated 10th December, 1951. In pursuance of the agreement with the company, it paid a sum of Rs. 21,798 during the assessment year to the said Sunil Kumar Pal and Amar Krishna Poddar. The company claimed the