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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. … for control of issue of capital. Under Article 14 read with Article 38, it was obligatory to ensure that there was no disproportionate wealth. He … 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)

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 … been left with a very meagre amount available for allocation. Thus Articles 38 and 39(b) and (c) of the Constitution were not kept in mind … 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

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 … an agreement has been approved under Section 33(3) for exemption from registration, it may have some bearing on Section 38 of the Act which provides a gateway for an agreement to pass through even if it contains restrictive

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 … this Act, the assessee in respect of such income tax." (Emphasis Supplied) 38. If the above provision is contrasted with the provisions of Chapter X … 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

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

Court : Kolkata

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 … of Vaughan Williams L. J. in Tillmanns v. S.S. Knutsford. 1908-2 KB 385. that if a common genus was not to be found the necessary

Hindustan Lever Employees Union Vs. Hindustan Lever Ltd. and Others

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 81(1) and (1A), 173, 391, 391(1) and (7), 393(1), 394 and 394A

Reported in : 1994(4)BomCR465; [1995]83CompCas1(Bom); (1995)ILLJ1099Bom

the solitary control on the price of shares, viz., sanction of the Controller of Capital Issues under the Capital Issues (Control) Act, 1947, was abolished by the Government of India by repealing the said Act on May 29, 1992. Consequent on … Companies Act, 1956. This will apply mutatis mutandis to closely held companies.' 38. Thus, under the new industrial policy, shareholders are required to determine the … V.A. Mohta, J.1. These are five appeals under section 391(7) of the Companies Act, 1956 ('the Act'), against a common order dated March 3, 1994, made by

The Commissioner of Income Tax and Another Vs. V.S. Dempo and Co. Pvt. ...

Court : Mumbai

Subject : Direct Taxation

of a licence granted under the Imports and Exports (Control) Order, 1955, made under the Imports and Exports (Control) Act, 1947, cash assistance, drawback or some other form in which any duty of customs or excise is repaid or … salaries, income from house property, profits and gains of business or profession, capital gains and income from other sources. By section 14A expenditure incurred in … shall be allowed in computing the income chargeable under the head Profits or Gains of Business or Profession. Section 38 deals with building etc., partly used for business etc., or not exclusively so used. Section 39 stands omitted. … Rs.12,78,82,552/-. The case was selected for scrutiny and notices u/s. 143(2) were issued to the assessee. Assessee, in response, filed details. The assessee declared other

C.V. Raman and ors. Vs. Bank of India and ors.

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 291; Tamil Nadu Shops and Establishments Act, 1947 - Sections 4(1); Constitution of India - Article 226

Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad

of the State Bank.' Section 4, particularly the proviso dealing with 'Authorised Capital'. Section 6 dealing with 'transfer of assets and liabilities' from Imperial Bank … 3(1)(c), in that case, it was held, the control of the Government over the Nationalised Banks is … J.1. An important question arising in this batch of cases is whether the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Shops Act), is applicable to the Nationalised Banks and to the State Bank … the purpose of giving effect to the provisions of the Act. Disposal of profits is dealt with by section 38 which says that : 'After making provision for bad and doubtful debts, depreciation on assets, equalisation of dividends, … by an order dated 17th April, 1975. For the purpose of the issue involved in these appeals, it is not necessary to go into the

Kalinga Tubes Ltd. and ors. Vs. Shanti Prasad JaIn and ors.

Court : Orissa

Subject : Company

Acts : Companies Act, 1956 - Sections 3, 9, 31, 81, 105C, 166, 172, 173, 255 to 259, 397, 397(1), 398, 399(1), 399(3), 402, 403 and 433; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2; Evidence Act, 1872 - Sections 114; Companies (Amendment) Act, 1960

Reported in : AIR1963Ori189

100.0.0 each was made on 17th September 1956 by the company to the Government of India under the Capital issues (Control) Act, 1947 mentioning that the additional shares would, be issued to the existing Directors, shareholders and tneir nominees. The Company … Misra, J.1. AHO. 13/61-- This appeal arises out of an application by Sri Shanti Prasad Jain under Sections 397, 398, 402 and 403 of the Companies Act, 1956 (hereinafter caned the Act). As there are large … the existing shareholders from taking fresh issue of shares. The votings were 38,165 in favour and 19,083 against the said resolutions. These resolutions were designed

Kothari Industrial Corporation Ltd. and Another Vs. Maxwell Dyes and C ...

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 61, 62, 73, 73(3), 81, 81(1) and (1A), 209A, 397 and 398

Reported in : [1996]85CompCas79(Mad)

for the defendants, would also argue that the only Act which was restricting the capital issues is the Capital Issues (Control) Act of 1947, and this Act has been repealed by the Capital Issues (Control) Repeal Ordinance of 1992 promulgated … in whose name they have been issued to the detriment of others. 38. Learned counsel, appearing for the defendants, would also argue that the only … of the notice dated August 5, 1994, is as follows : 'Resolved that pursuant to the provisions of section 81(1A) and other applicable provisions, if any, of the Companies Act, 1956 (including any re-enactment thereof), and subject