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Classic Legends Private Limited vs Tide Water Oil. Co. (India) Ltd.,

Court : Karnataka

FOR SRI POORNA CHANDRA B. PATTAR, ADVOCATES FOR R-3) THIS OSA IS FILED UNDER SECTION 483 OF THE COMPANIES ACT, 1956, READ WITH SECTION 4 OF THE KARNATAKA HIGH COURT ACT 1961, PRAYING TO SET ASIDE THE ORDER DATED … FOR R-2; SRI M.N.KUMAR, CGC FOR R-3, R-4 & R-5)THIS OSA IS FILED UNDER SECTION 483 OF THE COMPANIES ACT, 1956 READ WITH SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 AND RULES 1 & 2 OF THE

In Re: Imp Powers Ltd.

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 391 to 394, 442, 443, 446, 529A and 537; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 17(1), 18, 19(19) and 34; Constitution of India - Articles 226 and 227

Reported in : IV(2008)BC183; 2007(4)BomCR761; [2008]142CompCas481(Bom)

the plenary provisions of the enactment of 1993. The Supreme Court, it is urged, held that whereas the Companies Act, 1956, is a general statute, the RDB Act is a special statute which would overrule the former. Alternatively, even … to a scheme of an arrangement in exercise of powers conferred by Sections 391 to 394 of the Companies Act, 1956.2. As on September 30, 2005, 47.2 per cent, of the issued and subscribed share capital of the petitioner

Smt. Hetal Alpesh Muchhala Vs. Adityesh Educational Institute and ors.

Court : Mumbai

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 33, 34 and 34(3); Central Excise Act, 1944 - Sections 35 and 35(1); Companies Act, 1956 - Sections 10E, 10E(4C), 10E(4D), 10F, 397 and 398; Companies (Amendment) Act, 1963; Companies (Amendment) Act, 1974; Companies (Amendment) Act, 1988; Companies (Second Amendment) Act, 2002; Code of Civil Procedure (CPC) , 1908; Income-tax Act, 1961 - Sections 252; Evidence Act; Limitation Act, 1963 - Sections 3, 4 to 24, 29 and 29(2)

Reported in : [2009]152CompCas75(Bom)

seeks condonation of delay of 105 days in lodging the company appeal filed under Section 10F of the Companies Act, 1956. The question which arises for determination in this application is whether the provisions of Section 5 of the … Section 5 of the Limitation Act, 1963, are applicable to an appeal filed under Section 10F of the Companies Act, 1956.2. Admittedly, a certified copy of the order passed by the Company Law Board dated February 2, 2009 (Smt.

Mrs. S. Bagavathy Vs. State of Tamil Nadu, Rep. by Its Secretary, Law ...

Court : Chennai

Subject : Constitution

Acts : Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997 - Sections 2, 3, 4, 4(1), 4(2), 4(3), 4(4), 4(5), 5, 5A, 5A(1), 6, 6(1), 6(2), 6(3), 7, 7(1), 7(2), 7(3), 7(4), 7(5), 7(6), 7(7), 8, 8(1), 9, 10 and 11; Companies Act, 1956 - Sections 3, 58A, 58A(1), 58A(2), 58A(3), 58A(4), 58A(9), 58AA, 58AAA, 109A, 109B, 591 and 617; Reserve Bank of India Act, 1934 - Sections 2, 45I, 45MB, 45S, 45S(1), 58B(5), 58B(5A), 58B(5B), 58C and 58G; Banking Regulation Act, 1949 - Sections 5, 7, 7(2), 10BB, 21, 22, 35, 35A, 36, 36AA and 36AB; Criminal Law (Tamil Nadu Amendment) Act, 1997 - Sections 2(1) and 2(2); Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999; Pondicherry Protection of Interests of Depositors in Financial Establ

Reported in : 2007(2)CTC207

Nadu Act is draconian, excessively harsh, more severe than the existing provisions in the different enactments, such as Companies Act, 1956, Reserve Bank of India Act, 1934, Banking Regulation Act, 1949, as well as the provisions of the Criminal … ultra vires holding that the Maharashtra Act directly conflicts with the provisions of the Central Legislation such as, Companies Act, 1956, Reserve Bank of India Act, 1934 read with Banking Regulation Act, 1949, of course, following Delhi Cloth and

Smt. Sudarshan Chopra and ors. Vs. Vijay Kumar Chopra and ors.

Court : Punjab and Haryana

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 5, 7, 8, 11(6), 11(7), 37, 39, 54 and 57; Companies Act, 1956 - Sections 10E, 10F, 397 and 398; Constitution of India - Article 226

Reported in : [2003]117CompCas660(P& H)

of 1999 before the Company Law Board, Principal Bench, New Delhi, under Sections 397 and 398 of the Companies Act, 1956 praying for relief on account of alleged oppression/mismanagement at the hands of the appellants. During the course of … that for an answer to the issue of jurisdiction, reference must be made to the provisions of the Companies Act, 1956, whereunder a remedy of appeal against an order passed by the Company Law Board stands provided under Section

Shri Vijay C. Puljal Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Company

Acts : Maharashtra Protection of Interests of Depositors (In Financial Establishments) Act, 1999; Companies Act, 1956 - Sections 3, 4, 5, 6, 7, 10E, 45I, 45JA, 45MC(1), 45Q, 45QA, 58A, 58A(3A), 58A(5), 58AA and 58AAA; Securities and Exchange Board of India Act, 1992; Banking Regulation Act, 1949 - Sections 4, 5 and 5(3); Industrial Development Bank of India Act, 1964 - Sections 6A; Reserve Bank of India Act, 1934; Companies (Amendment) Act, 1974; Companies (Amendment) Act, 1988; Companies (Amendment) Act, 2000; Government of India Act, 1931; Defence of India Act, 1962; Ajmer (Sound Amplifiers Control) Act, 1953; Orissa Freedom of Religion Act, 1967; Tamil Nadu Protection of Interests of Depositors (in Financial Establishments) Act, 1997; Kerala Abkari Act; Constitution of India - Ar

Reported in : 2005(5)BomCR481; (2005)107BOMLR983; [2005]128CompCas196(Bom); 2005(4)CTC705; 2005(4)MhLj5; [2005]64SCL589(Bom)

5186 of 2001, was a whole time Director of Pennar Paterson Securities Limited, a company incorporated under the Companies Act, 1956 with a registered office at Hyderabad. The Company was a non-banking finance company and is stated to have … of its legislative power, the Parliament has enacted the provisions of Sections 58A, 58AA and 58AAA of the Companies Act, 1956 to regulate the repayment of deposits, empower the company Law Board to direct repayment and constitute offences out

Southern Petrochemicals Industries Corporation Limited Vs. Administrat ...

Court : Mumbai

Subject : Banking

Acts : Companies Act, 1956 - Sections 4A, 4A(1) and 4A(2); Unit Trust of India Act, 1963; Unit Trust of India (Transfer of Undertaking and Repeal) Act, 2002 - Sections 18; Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Debt Recovery Tribunal Act, 1993 - Sections 2, 19 and 19(1); Inidan Companies Act, 1913; Industrial Finance Corporation Act, 1948 - Sections 3; Industrial Development Bank of India Act, 1964 - Sections 3; Lifer Insurance Corporation Act, 1956 - Sections 3; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 20002; Banking Regulation Act - Sections 6; Constitution of India - Article 226

Reported in : AIR2005Bom65; I(2005)BC557; 2004(6)BomCR557; [2005]127CompCas920(Bom); 2005(1)MhLj813

Act reads as under:-'2(h) 'financial institution' means--(i) a public financial institution within the meaning of Section 4A of Companies Act, 1956 (1 of 1956);(ii) such other institution as the Central Government may, having regard to its business activity and … virtue of the said Section 18 of the UTI Act, 2002 the provisions of Section 4A of the companies Act, 1956 stand amended and, therefore, the respondent Nos. 1 and 2 both are required to be treated as financial

Rajasthan Financial Corporation Vs. Commissioner of Income-tax

Court : Rajasthan

Subject : Direct Taxation

Acts : Finance Act, 1964; Finance Act, 1965; Companies Act, 1956 - Sections 85; Income Tax Act, 1961 - Sections 2(17), 2(26) and 154

Reported in : [1987]163ITR278(Raj)

contending that the shares were in any sense preference shares according to the criteria laid down in the Companies Act, 1956, or according to the criteria which were judicially accepted earlier as distinguishing preference shares from other shares and, … expression 'Indian company' has been defined in Section 2(26) to mean a company formed and registered under the Companies Act, 1956, and includes a company formed and registered under any law relating to companies formerly in force in any

Laljibhai C. Kapadia and anr. Vs. Lalji B. Desai and ors.

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 172, 172(1), 173, 173(1), 173(2), 256, 257, 258, 260, 264, 264(1), 264(2) and 396(1); ;Code of Civil Procedure (CPC), 1908 - Sections 100 - Order 6, Rule 4

Reported in : AIR1972Bom276; (1972)74BOMLR85; ILR1972Bom917

consider the various points urged before me, it is desirable to refer to the relevant provisions of the Companies Act, 1956 and the Articles of Association of Respondent 3 company.11.Section 2(13) of the companies Act defines 'director', as any … Board of Directors on 10th April 1969 and who ceases to hold office under Section 260 of the Companies Act, 1956 on the date of this meeting in respect of whom a notice as required by S. 257 of

i.F.C.i. Limited and ors. Vs. Sidco Leathers Ltd. (In Liquidation) and ... Overruled

Court : Allahabad

Subject : CompanyProperty

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 18, 31 and 34; Transfer of Property Act, 1882 - Sections 48 and 100; Companies Act, 1956 - Sections 125 and 529; Provincial Insolvency Act, 1920 - Sections 47 and 61; Code of Civil Procedure (CPC) , 1908 - Order 34, Rules 1, 5 and 6; Companies (Courts) Rules, 1959, Rules 148 and 149

Reported in : [2006]131CompCas429(All); (2006)5CompLJ492(All); (2004)3UPLBEC2512

Company. Their charges were registered with the Registrar of the Company at Kanpur under Section 125 of the Companies Act, 1956. The details of the loans advanced by IFCI, IDBI and ICICI as fully secured by creating first charge … ICICI filed affidavits of proof of debts before the Official Liquidator, U.P. Allahabad under Section 529A of the Companies Act, 1956 read with Rule 149 of the Companies (Court) Rules, 1959. In the affidavit of Sri Balbir Singh, Deputy