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Madanlal Fakirchand Dudhediya Vs. Changdeo Sugar Mills Ltd. and ors.

Court : Mumbai

Subject : Company

Acts : Indian Companies Act, 1956 - Sections 9, 76, 76(1), 78(2), 87, 105 and 309(6); Code of Civil Procedure (CPC), 1908; Capital Issues (Continuation of Control) Act, 1947 - Sections 2; Indian Companies Act, 1913 - Sections 105 and 105(1); Company Law

Reported in : AIR1958Bom491; (1958)60BOMLR254; ILR1958Bom250

(b) of Sub-section (1) of Section 76.18. Mr. Munshi has next contended that since the enactment of the Capital Issues (Continuance of Control) Act, XXIX of 1947, debenture would also be capital of the company. Mr. Munshi has … Section 76 would not apply to this case, and since Section 76 would not apply, the provisions of Section 9 also would not be attracted. We have examined this contention carefully, but we regret we are unable to

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 … 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 … produced would not only be sufficient for processing furfural 10% concentration to 99.9% concentration and rather it would be utilised for the generation of power

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 … reduction was adopted or not, the consolidated post merger paid-up capital of the transferee company will be Rs. 992.88 lakhs, which will be less than Rs. 1,478.75 lakhs being the pre-merger position obtaining as on March 31,

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 … by a third party or entered into jointly with a third party;' 9. Section 13 contemplates penalty for violation of the provisions. It is an … 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

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 … output or supply of any goods or allocate any area or market for the disposal of the goods." 9. Their argument is that in the present case purchase of debentures is being made a condition to the

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. … the role of the Controller of Capital Issues. By an order dated 9th September, 1988 this Court had directed that the four writ petitions and … 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)

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 … - Amendment to.Gentlemen,I am directed to refer to your letter No.SSC/504/KS dated 9-7-1991 on the subject mentioned above and to say that the Conversion terms

United Bank of India Ltd. Vs. United India Credit and Development Comp ...

Court : Kolkata

Subject : Company

Acts : Companies Act, 1956 - Sections 53, 53(3), 173, 372, 372(13), 372(14), 391, 392, 393 and 394; ;Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 - Section 6; ;Banking Regulation Act, 1949; ;Enemy Properties Act, 1968 - Sections 2, 7(3) and 8(1)

Reported in : [1977]47CompCas689(Cal)

para. 8 and the scheme of amalgamation, para. 5. He referred to Sections 3 and 5 of the Capital Issues (Control) Act, 1947, whereunder there is a complete prohibition of issues of shares without permission of the Controller of Capital Issues … at such rate as the Central Government may approve but not exceeding 9% per annum payable annually. (ii) As regards such shares of the transferor-company … Salil K. Roy Chowdhury, J.1. This is an application under Sections 391, 392, 393 and 394 of the Companies Act, 1956, for sanction of a scheme of amalgamation and

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 … 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 … in place of 2 : 15 shares as envisaged in the scheme. 99.64 per cent of ordinary shareholders voted against amendment and 99.72 per cent.