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Feb 04 1992

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

Court : Supreme Court of India

Decided on : Feb-04-1992

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 … permission for the shares or debentures to be dealt in on that stock exchange has been preferred under Section 22 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956), such allotment shall not be void until the

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May 03 1989

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

Court : Supreme Court of India

Decided on : May-03-1989

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 Finance. It is also significant to mention that on 25th January, 1988 an application was made under Section 22(3)(d) of the Monopolies & Restrictive Trade Practices Act with the proposal to implement the MEG Project along with

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Apr 16 1991

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

Court : Supreme Court of India

Decided on : Apr-16-1991

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 … C.C.I, forwarding copies of M.R.T.P. clearance with regard to projects awarded to L&T; made by Central Government under Section 22(3)(a) of Monopolies & Restrictive Trade Practices Act_. On 29.8.1989 C.C.I. passed an order approving the issue of convertible

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Jun 02 1989

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

Court : Punjab and Haryana

Decided on : Jun-02-1989

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 … Sekhon, J.1. The sole controversy in this writ petition preferred under Articles 226 and 227 of the Constitution of India is whether through the impugned

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May 15 1987

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

Court : Monopolies and Restrictive Trade Practices Commission MRTPC

Decided on : May-15-1987

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

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Feb 12 1992

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

Court : Delhi

Decided on : Feb-12-1992

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 … shares of the Company.4. Board of Directors of the Company resolved on 22 July 1989 to raise additional funds by issue of 12.5% Full Convertible

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Oct 10 2014

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

Court : Mumbai

Decided on : Oct-10-2014

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 … 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

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Sep 26 1962

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

Court : Mumbai

Decided on : Sep-26-1962

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. … Standard Mills, the assets totalling Rs. 1,56,34,784, and the liabilities totalling Rs. 22,65,212. The net assets taken over therefore, amounted to Rs. 133,69,572. The nominal

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Jun 13 1968

Calcutta National Bank Ltd. (In Liquidation) Vs. Rangaroon Tea Co. Ltd ...

Court : Kolkata

Decided on : Jun-13-1968

Subject : PropertyCivil

Acts : Defence of India Rules, 1939 - Rule 94A(1), 94A(2), 94A(7), 94A(9) and 94A(10); ;Transfer of Property Act, 1882 - Sections 58 and 100; ;Companies Act, 1913 - Section 100

Reported in : AIR1969Cal578

ago but it has lost none of its importance as it still rules from its grave through the Capital Issues (Control) Act 1947. by which its material provisions have been re-enacted with slight modifications.43. The learned trial judge has found, and … was a question as to whether the mortgage was void by reason of non-registration under the provisions of section 109 of the Indian Companies Act.6. The learned Judge came to the following conclusions: First, the property in … the conveyance exhibit B (page 203), secondly, the receipts, exhibit D (pages 227-228). thirdly, the hypothecation agreement, exhibit C (pages 12, 20), fourthly, the certificate

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Jun 18 1973

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

Court : Kolkata

Decided on : Jun-18-1973

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 … Properties Act, 1968, Sections 5, 7, 8, 10, 12, 13, 20 and 22, and he submitted, if necessary, that the petitioner may be given liberty … 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

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