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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 … The remaining enquiries bear Restrictive Trade Practices Enquiry Nos. 158 to 185 of 1986 (except 178 of 1986) 72, 149, 148, 49 and 138 of 1986. A copy of the judgment is being placed in every file

Birla Jute Manufacturing Co. Ltd. Vs. Commissioner of Wealth Tax, West ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Indian Companies Act, 1956 - Sections 211; Capital Issues (Control) Act, 1947 - Sections 3; Wealth Tax Act - Sections 7 and 7(2)

Reported in : AIR1971SC2458; [1971]82ITR142(SC); (1971)3SCC583; [1972]1SCR104; 1971(III)LC756(SC)

issuing bonus shares for which the consent of the Central Government was necessary under Section 3 of the Capital Issues (Control) Act, 1947. The same was not granted. The assessee, however, did not produce the order of the Central Government showing … assessment year 1957-58 the relevant valuation date being March 31, 1957 the Wealth Tax Officer proceeded under Section 7(2) of the Wealth Tax Act, hereinafter called the 'Act' and took the valuation of the assets at Rs.

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 … explain as to why necessary action should not be initiated against him departmentally for his abovesaid lapses, within 7 days failing which, it will be construed that he has nothing to offer as explanation and the Bank

Harprasad Ghashiram Gupta and anr. Vs. State

Court : Mumbai

Subject : Criminal

Acts : High Denomination Bank Notes (Demonetisation) Ordinance, 1946 - Sections 4, 6, 6(5), 7, 7(1), 7(2) and 7(3); Evidence Act, 1872 - Sections 3, 105, 114 and 133; Cotton Cloth and Yarn Control Order, 1943; Government of India Act, 1935 - Sections 17(2), 40 and 40(1); India (Provisional Constitution) Order, 1947; Indian Penal Code (IPC), 1860 - Sections 109

Reported in : AIR1952Bom184; (1951)53BOMLR938; ILR1952Bom427

signature of Mr. K. A. Master, Deputy Secretary to the Government of India and the Deputy Controller of Capital Issues. Mr. Master did not sign it for and on behalf of the Central Government. From this an argument … is drawn by him between clause (23), Cotton Cloth and Yarn Control Order, 1943, and Sub-section (3) of Section 7 of Ordinance III of 1946. Clause (23), Cotton Cloth and Yarn Control Order, 1913, provided as under :'No … of India Act, 1935, as adapted by the India (Provisional Constitution) Order, 1947. Now, turning to Sub-section (2) of Section 17, Government of India Act, … Ordinance III of 1916, has no individual personality of its own. It acts, and can only act, through its officers and its functions, duties and

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 … 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 … It also preserved the rights of any alienation or appointment of an heir made by a family. After Section 7 was inserted in Act of 1920 by the Punjab Amendment Act of 1973 right of contest being contrary … 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

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 … October 19, 1974, there was a return of allotments pursuant to section 75(1) of the Act. Putting forth a plea that the allotment of shares

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) … allowed to retain over-subscription to the tune of 15% amounting to Rs. 77. crores. It was alleged that the respondent No. 3 was a new

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 … The amendment order which is impugned may be reproduced here:-No. M. 582/ 7/ CCI/ 89Government of IndiaMinistry of FinanceDepartment of Economic AffairsOffice of the Controller

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 … are the decisions in Subramonian v. Lutchman, reported in 50 Ind App 77 = (AIR 1923 PC 60), Sundarachariar v. Narayan Ayyar, reported in and