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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 … the same as well as for a declaration that the transfer of 39 lakh shares of Larsen & Toubro Ltd. held by Unit Trust of … 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

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. … In this connection, reference may be made to Annexure 1 at page 39 of the reply affidavit filed in these proceedings by RPL, Thereafter, on … 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)

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 … 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

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 … functional and the decisive test is the nature of the activity with special emphasis on the employer-employee relations." 39. Shri O.P. Dua, learned counsel for the Director-General, argues that in a nutshell "industry", as interpreted by the

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 … mortgage registered in accordance with Section 109 of the Indian Companies Act.- 39. For these reasons, I am of opinion, that the contentions advanced on … 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

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. … ORDERN.M. Miabhoy, J.1. This is a petition under Section 394, read with Section 391, Indian Companies Act, 1956 (No. 1 of 1956),

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 … or Profession. Section 38 deals with building etc., partly used for business etc., or not exclusively so used. Section 39 stands omitted. Then comes section 40 which is titled Amounts Not Deductible. This section reads as under: 40. … 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

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 … enable us to close the matters which are pending since long.As regard the non-receipt of our letter No. 397 dated May 6, 2000 (Ref. Your Letter No. 109 dated August 1, 2001 (Annexure-III)) we are forwarding copy

N.K. Jain Vs. A. Rangaraj and Another

Court : Delhi

Subject : Tenancy

858 dealing with a litigation between a landlord and tenant under Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, this Court relying on its earlier decisions observed as follows :- "If an error of fact, even though … submissions. 7. I have considered the rival contentions and perused the record. 8. Prior to 1st December, 1988 Section 39 existed in the Delhi Rent Control Act which provided for filing of second appeal which can be filed … (iii) He pleaded ignorance to the suggestion that in 1999 the issue capital was Rs. 45,500 shares out of which he was holding 4000 shares, … Road. (iii) He pleaded ignorance to the suggestion that in 1999 the issue capital was Rs. 45,500 shares out of which he was holding 4000

Amitava Bhattacharya and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Subject : Labour and Industrial

under Section 4 of the said Act, all the shares in the capital of every Indian Insurance Company stood transferred to and vested in the … which the employee may be entitled under his contract of service.(5) Notwithstanding anything contained in the Industrial Disputes Act, 1947 or in any other law for the time being in force, the transfer of the services of any … the acquiring company for anything which is in good faith done or intended to be done under this Act.Section 39. (1) The Central Government may, by notification make rules to carry out the provisions of this Act.(2) In … was moved on the 10th May, 1979 wherein a rule nisi was issued by Pyne, J. and ad interim order was also passed for a … . The respondent-Corporation was formed for the superintending, controlling and carrying on the business of general insurance.