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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. … 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 … 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 … rate of duty in terms of their applications.3. Later the respondents in exercise of its powers conferred Under Section 25 of the Customs Act also issued a notification 307/92 on 28-12-1992 in consonance with the Export Import policy

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

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 … 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 propriety be applied to the legal

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 … share capital by reducing the face value of the ordinary share of Rs. 1,000 fully paid to Rs. 250 fully paid, and preference share of Rs. 100 fully paid to Rs. 25 fully paid. The scheme proposed

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

Court : Kolkata

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

State of West Bengal Vs. Motilal Kanoria

Court : Supreme Court of India

Subject : Customs

Acts : Constitution of India - Article 134(1); Imports and Exports (Control) Act, 1947 - Sections 3 and 5; Imports and Exports (Control) (Amendment) Act, 1960; Sea Customs Act, 1878 - Sections 3(2); Defence of India Rules - Rule 84(3); Imports and Exports (Control) (Amendment) Act, 1950

Reported in : AIR1966SC1586; 1966CriLJ1210; [1966]3SCR933

1963 by which the conviction of the respondent Motilal Kanoria under s. 5 of the Imports and Exports (Control) Act, 1947 and the sentence of fine of Rs. 200/- (in default simple imprisonment for one month) imposed by the … licence is granted to you subject to the following conditions :- (a) In case the project involves any capital issue and if such capital issue is not sanctioned the licence is liable to cancellation. (b) That if … 1956 the Company entered into an agreement (Ex. 25) with Shalimar Wood Products (P) Ltd. of Calcutta … Konnaggar, Eastern Railways (Ex. 1). On May 26, 1955 a licence was issued (Ex. 3). The licence read as follows :- 'This licence is issued … may be in force at the time of their arrival. Sd. Illegible Section Officer 26-5-55 for Chief Controller of Imports and Exports. 26-5-1955. Issued from

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 … in suspense for an indefinite period. We also invite attention to our Circular No. CO:PRS: DAD:95-961:159 dated May 25, 1995 on the subject 'Effect of contemplated Disciplinary Action'.2. It has however, been reported that replies so received

The Punjab Distilling Industries Ltd Vs. Biermans Paper Coating Mills ...

Court : Delhi

Subject : Company

Acts : Companies Act, 1956 - Sections 155

Reported in : [1973]43CompCas189(Delhi); ILR1972Delhi431

the Central Government while approving the collaboration agreement and giving consent to the issue of capital under the Capital Issues Control Act, 1947. The said allotment being in contravention of Section 3 of the said Act is punishable under Section 13 … allotted to respondent No. 2. G. H. Dupret, at the Board meeting of the respondent-company held on March 25, 1963. Shri Dupret is a Belgian collaborator of the respondent-company who had supplied machinery for the working of

In Re: Sidhpur Mills Co. Ltd.

Court : Gujarat

Subject : Company

Acts : Companies Act, 1956 - Sections 391, 393, 393(1), 393(4) and 394

Reported in : AIR1962Guj305; (1961)GLR681

11. That resolution stated that, subject to the requisite consent of the Controller of Capital issues under the Capital Issues (Control) Act, 1947, the Board of Directors are empowered to allot such number of shares and/or Fractional Certificates to such persons … ORDERN.M. Miabhoy, J.1. This is a petition under Section 394, read with Section 391, Indian Companies Act, 1956 (No. 1 of 1956), for amalgamating two textile Mills. … 75 lacs divided into 50,000 ordinary shares of Rs. 100/- each and 25,000 preference shares of Rs. 100/- each and its issued, subscribed an paid

i.D.L. Chemicals Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Land Acquisition

Reported in : (1984)9ITD422(Hyd.)

paper compilation. The letter discloses that the Government granted permission to the assessee-company under the provisions of the Capital Issues (Control) Act, 1947, for the creation of a charge ranking next to all other charges whether existing or to be created … assessment year 1977-78. It includes interest paid on deposits of Rs. 20,32,696. The ITO applied the provisions of Section 40A(8) of the Income-tax Act, 1961 ('the Act') and disallowed interest thereon at 15 per cent. Such disallowed … the assessee-company on 1-11-1980 as a reply to the assessee's letter dated 25-9-1980. Copy of the letter is given at page 1 of the paper