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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 … though the corresponding appendix to this policy is Annexure P-1 to Appendix 23. Even according to the open general licence contained in Appendix 23 to … 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

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Sep 29 1995

In Re: Novopan India Limited;

Court : Andhra Pradesh

Decided on : Sep-29-1995

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 … of Companies for making the name available for adoption. The Registrar of Companies, vide his latter dated June 23, 1995, had made the said name available for adoption. Further according to him, under the provisions of 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. … public is 95%, which in figures comes to about Rs. 563.73 crores. 23. In a democratic set up in country, it was asserted on behalf … 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)

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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 … 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 … valued at Rs. 25 Crores. The U.T.I, basket was valued at Rs. 23.66 crores including 10 lakh Larsen & Toubro Ltd. shares which were sold

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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 … shares to a particular person'. Lord Greene M.R. observed in V.G.M. Holdings Ltd., In re [1942]. 1 Ch 235 ; [1942] 12 Comp Cas 254,'. . , it seems to me that the word "purchase" cannot with

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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

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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 … 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 … investigation proceedings are pending against the petitioners under the provisions of Sections 235 to 251 of the Companies Act, 1956, or any other provisions thereof.

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May 27 2004

NabiruddIn Ahmed Vs. Central Bank of India and ors.

Court : Guwahati

Decided on : May-27-2004

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 … to narrate the factual matrix of the case in a short compass. The Bank-Respondents by Memorandum dated March 23, 1999 issued a show cause to the petitioner who is an employee of the Bank-Respondents working in the

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Dec 15 2003

Gagan Trading Co. Ltd. Vs. the Acit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Dec-15-2003

Subject : Direct Taxation

Reported in : (2005)93ITD426(Mum.)

in the appropriate rent control legislation. In the present case, the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (hereinafter referred to as the 'BRCA') applies. Section 7(1) of the BRCA provides inter-alia that "it shall not … from various Jindal Group of companies and the same is utilised working capital for purchase of shares in those very same lender companies. The details … expense Under Section 36(1)(iii)." 2. Grounds 1 to 3 deal with the issue whether Rs. 14,04,00,000/- being the notional interest worked out on the interest-free … the notional interest on such deposit should be considered to determine the true and correct annual value Under Section 23(1)(a) of the Act. After analyzing the lease agreement, he was of the view that the payment of security

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May 20 1994

Morgan Stanley Mutual Fund Vs. Kartick Das

Court : Supreme Court of India

Decided on : May-20-1994

Subject : Media and CommunicationConsumer

Acts : Consumer Protection Act, 1986 - Sections 2(1), 14

Reported in : (1994)96BOMLR933; (1995)1CALLT18(SC); [1994]81CompCas318(SC); JT1994(3)SC654; 1994(2)SCALE1121; (1994)4SCC225; [1994]Supp1SCR136; MANU/SC/0553/1994

13.1.1992 as stated in Section 1(iii) of the Security & Exchange Control Board of India Act.On 29.5.1992, the Capital Issues Control Act, 1947 was repealed.10. Mutual funds in India are regulated by SEBI pursuant to the Securities & Exchange Board of … period before which the refund would be effective is, it is further urged, a serious irregularity violating Regulation 23.The Calcutta District Forum has, it is claimed power to issued the restraint order under the Act. Such injunctions

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