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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 … growth strategy for undertaking large turnkey projects. At the same time on 26 July 1999 the Company made an application for consent of the CCI

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) … and the same was amended to a certain extent on 19th & 26th July, 1988. He has explained in his affidavit the background of the

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

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

Court : Punjab and Haryana

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 … was duly approved by the Government of India by their letter dated 26th February, 1985 for suppliers credit/buyers credit for the import of equipment and

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

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 … a unanimous resolution was passed at the meeting of the shareholders of both the companies held on April 26, 1995, as follows : 'Resolved that a scheme of amalgamation of Novopan India Limited with G.V.K. Hotels Limited,

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 … 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

In Re: Wood Polymer Limited; in Re: Bengal Hotels Pvt. Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Companies Act, 1956 - Sections 391(1), 391(2), 394 and 396; Income Tax Act, 1961 - Sections 45 and 47

Reported in : [1977]109ITR177(Guj)

debentures by certain public limited companies from the provisions contained in Sections 3, 4 and 5 of the Capital Issues (Control) Act, 1947. There is a long proviso to this clause and sub-para. 4 of the proviso provides for the issue … the assets of the transferor-company as on 2nd January, 1973, at Rs. 26 lakhs. Accepting this report as the basis for exchange of shares, the … 10 and 12 of 1975 are filed by Wood Polymer Limited and Bengal Hotels Private Limited, respectively, under Section 391(2) of the Companies Act, praying for according sanction to a scheme of amalgamation of the afore-mentioned two

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 …     To Shri Nabiruddin Ahmed,Regional Manager.       B.M., Dimapur'.3. The said show cause was replied by the petitioner on May 26, 1999 but the Bank-Respondents did not communicate as regards the appreciation or acceptance of the said reply. On

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 … support of this contention, our attention was drawn to the survey report (Annexure C to the petition) dated 26th November 1965 by one Mr. H. P. Von Friedlein, a German engineer in Delhi which was submitted at