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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

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 … various judgments including Kanishka Trading v. Union of India -AIR 1995 SC 874 in the said judgment. Similar argument as in the present case of

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) … deal with the facts of one of these, i.e., W.P. No. 1791/ 88, which was filed in Delhi High Court in T.C. No. 161/88. The

Government of National Capital Territory of Delhi and Others Vs. Union ...

Court : Delhi

Subject : Education

exercise of legislative power and executive control in the administration of National Capital Territory of Delhi (NCTD). 2. The parties to the writ petitions and … set of facts, the controversy in all the petitions centers on common issues relating to the exercise of legislative power and executive control in the … as to subjects. 93. With the attainment of Dominion status on August 15, 1947 under the Indian Independence Act, 1947, the powers of the Legislature of the Dominion were exercisable by the Constituent Assembly under sub-section (1) of … the powers of the Legislature of the Dominion were exercisable by the Constituent Assembly under sub-section (1) of Section 8. The Constituent Assembly was not to be subject to any limitations whatsoever in exercising its constituent powers. Thus,

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 … Capital Issues for the proposed issue of convertible secured debentures aggregating Rs. 820 crores by Larsen & Toubro Limited insofar as the said issue seeks … 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

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 … arises for consideration. III. High Court order - Vodafone-III Writ Petition : 8. In the above order dated 29 November 2013, this Court made the … 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

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 … relating to goods or services in such manner as to impose on the consumers unjustified costs or restrictions." 8. Reliance of learned counsel for the Director-General and the complainant was on Clause (ii) of the said definition.

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 … of the board of directors of the first respondent and item No. 8 of the resolutions passed reads as follows : 'Resolved that subject to … 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

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 … them. Most of the holders have export commitments to the extent of 80 per cent. The scheme envisages for the proposed project is a comprehensive

Standard Mills Co. Ltd. Vs. Commissioner of Income-tax, Bombay City I

Court : Mumbai

Subject : Direct Taxation

Acts : Indian Finance Act, 1956

Reported in : [1963]49ITR218(Bom)

share capital again, the company had to obtain the consent of the Controller of Capital Issues under the Capital Issues Control Act, 1947. Such a consent was obtained on the 27th July, 1955, and the consent granted was that the company … 1950. The consent granted by the Assistant Controller of Capital Issues (who was the appropriate authority appointed under section 10 of the Act), was for the issue of 8,000 ordinary shares of Rs. 100 each at par.