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Unit Trust of India and Others Vs. Om Prakash Berlia and Others

Court : Mumbai

Subject : Company

Acts : Capital Issues (Control) Act, 1947 - Sections 3(2) and 4(2); Companies Act, 1956 Sections 2(12), 8(1A), 45, 47, 75, 81, 81(A), 81(1), 81(1A), 81(3), 85, 108, 108D, 144, 155, 187C, 187D, 247, 293, 293(1) and 408(1)

Reported in : [1983]54CompCas723(Bom)

to continue till the 25th June, 1983. Company - waiver - Sections 3 (2) and 4 (2) of Capital Issues (Control) Act, 1947 and Sections 2 (12), 8 (1A), 45, 47, 75, 81, 81 (A), 81 (1), 81 (1A), 81 (3), … company. Explanation. - In this sub-section, 'equity share capital' and 'equity shares' have the same meaning as in section 85. (1A) Notwithstanding anything contained in sub-section (1), the further shares aforesaid may be offered to any persons

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 … him for the allegations stated therein. The said Memorandum is extracted as under:'Ref. No. R.O/UPAS : PRS:DAD: 98-99: 415March 23, 1999While posted to work as Branch Manager, Central Bank of India, Thanachariali Branch, Sri Nabiruddin Ahmed gave

Raymond Synthetics Ltd. and Others Vs. Union of India and Others

Court : Supreme Court of India

Subject : Company

Acts : Companies Act, 1956 - Sections 2(31), 3(2), 4, 5, 51, 55, 56, 57, 58, 60, 69(5), 73(2-A, 3 and 4), 530, 641, 642 and 732(A); Securities Contracts (Regulations) Act, 1956 - Sections 22; Capital Issues (Control) Act, 1947; Companies (Amendment) Act, 1988; Companies (Amendment) Act, 1974; Companies (Central Government's) General Rules and Forms (Second Amendment), 1991; Constitution of India - Article 226; Transfer of Property Act - Sections 60; Uttar Pradesh Sugarcane Cess Rules, 1956 - Rule 4

Reported in : AIR1992SC847; [1992]73CompCas762(SC); JT1992(1)SC463; 1992(1)SCALE264; (1992)2SCC255; [1992]1SCR481

100 each at par. This Order was, made by the Government in exercise of its power under the Capital Issues (Control) Act, 1947. One of the conditions attached to the order reads: The company shall scrupulously adhere to the time limit … extended by the Madhya Pradesh Stock Exchange. But this argument is clearly contrary to the provisions contained in Sub-section (4) of Section 73 of the Act which reads:-Section 73(4). Any condition purporting to require or bind any applicant

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 … thus could be challenged if it violated any fundamental right. In that case, a notification was issued under Section 4 of the Securities Contracts (Regulation) Act, 1956.Learned counsel emphasised that this law was not confined to mere statutes

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

conditions were laid down and condition (a) stipulated that in any prospectus or other document referred to in Section 4 of the Capital Issues (Control) Act, 1947, relating to this issue, the statement required by that section must … 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 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 … D.H. Nasir, J.1. Company Application No. 46 of 1995 has been made by Novopan India Limited (hereinafter referred to as 'the transferor company') and Company

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. … and was made effective from 1-4-1992 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 Goods) Scheme at a concessional rate … 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

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 … 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

industrial Development Bank of India and ors. Vs. B. Ananthaswami and ...

Court : Chennai

Subject : Company

Acts : Capital Issues (Control) Act, 1947 - Sections 2, 3 and 3(2); Companies Act, 1956 - Sections 75(1) and 155

Reported in : [1986]60CompCas99(Mad)

the petition may be delineated as follows : On March 15, 1974, the first respondent applied under the Capital Issues (Control) Act, 1947 (XXIX of 1947), of the consent of the Central Government for its proposal to issue 13 lakhs equity … to the parties as they stood arrayed in the company petition. The company petition was one presented under section 155 of the Companies Act, 1956 (1 of 1956) (hereinafter referred to as 'the Act'), for rectification of … V. Birla (director) 500 Further resolved that share certificates Nos. 33 to 40 be issued under the common seal of the company to the seven

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 … time, the value of 39 lakh shares would cost less than Rs. 45 crores.8. On the very day of the registration of the shares in