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Dec 17 2002

Shamrao Vithal Co-operative Bank Ltd. Vs. Star Glass Works

Court : Mumbai

Decided on : Dec-17-2002

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2; Banking Regulation Act, 1949 - Sections 5 and 56

Reported in : 2003(2)ALLMR583; 2003(3)BomCR347; [2003]114CompCas378(Bom); [2003]42SCL769(Bom)

jurisdiction over the matter as the 1st petitioner-bank is a Co-operative Bank and not a Company under the Companies Act, 1956. Aggrieved thereby the petitioners preferred the appeal before the Debt Recovery Appellate Tribunal. The said appeal was dismissed … Clause (c) of Section 5 of Banking Regulation Act, 1949, the Co-operative Bank is included by virtue of Section 56(a)(i) of Banking Regulation Act which provides that unless context otherwise requires, reference to 'Banking Company' shall be construed

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Mar 26 2007

Smt. Sharda Mahajan Vs. Maple Leaf Trading International (P) Ltd.

Court : Delhi

Decided on : Mar-26-2007

Subject : CompanyContract

Acts : Companies Act, 1956 - Sections 433, 433, 434(1) and 439; Prize Chits and Money Circulation Scheme (Banning) Act, 1978; Foreign Exchange Regulation Act, 1973; Contract Act - Sections 32, 56 and 65; Code of Civil Procedure (CPC) - Sections 60 - Order 37

Reported in : [2007]139CompCas718(Delhi); (2007)2CompLJ455(Del); [2007]78SCL367(Delhi)

Sanjiv Khanna, J. 1. The present petition for winding up under Sections 433(e), 433(f) and 439 of the Companies Act, 1956 (hereinafter referred to as the Act) has been filed against Maple Leaf Trading International (P) Ltd., (hereinafter referred … period after service of notice. 26. I need not dwell further on this aspect as in view of Section 56 read with Section 65 of the Contract Act, a debt is due and payable by the respondent company

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Jan 29 1987

Kisan Mehta and Another Vs. Universal Luggage Manufacturing Co. Ltd. a ...

Court : Mumbai

Decided on : Jan-29-1987

Subject : Company

Acts : Companies Act, 1956 - Sections 6, 56, 62 and 63

Reported in : [1988]63CompCas398(Bom)

contained in the prospectus are false, it can be said that they are issued in violation of the Companies Act, 1956. In particular, they rely on section 56 of the Companies Act and submit that the first defendant-company have

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Feb 09 1965

Punjab Distilling Industries Ltd. Vs. Commissioner of Income-tax, Punj ...

Court : Supreme Court of India

Decided on : Feb-09-1965

Subject : Direct Taxation

Acts : Indian Income-tax Act, 1922 - Sections 2, 2(6A), 12(1A), 16(2), 16(3) and 23A(1); Indian Companies Act, 1913 - Sections 55(1), 56, 60, 61, 61(4), 62 and 100 to 103; Finance Act, 1956; Indian Income-tax (Amendment) Act, 1939 - Sections 2(6A); Government of India Act, 1935 - Sections 100; Income-tax Act, 1961 - Sections 2(22) and 8; Company Law; Income-tax Law

Reported in : [1965]3SCR1; 1965AIR1862

55 (1), 56, 60, 61, 61 (4), 62 and 100 to 103 of Indian Companies Act, 1913, Finance Act, 1956, Section 2 (6A) of Indian Income-tax (Amendment) Act, 1939, Section 100 of Government of India Act, 1935, Sections 2

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Oct 08 2002

Kanwar Deep Singh Etc. Vs. State of West Bengal

Court : Kolkata

Decided on : Oct-08-2002

Subject : CriminalCompany

Acts : Code of Criminal Procedure (CrPC) , 1974 - Section 482; ;Companies Act, 1956 - Sections 56(3), 63, 68 and 624

Reported in : 2004CriLJ1116

a Company named and styled as M/s. Tubrao Infotech and Industries Ltd., a Public Limited Company under the Companies Act, 1956, filed separate applications under Section 482 of the Code of Criminal Procedure, 1973 praying for quashing of the … been filed by the Security Exchange Board of India (hereinafter referred to as SEBI for brevity) under Section 56(3), 63 and 68 of the Companies Act, 1956 and it is still pending before the Court of the

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Feb 27 2004

Patel Engg. Co. Ltd. Vs. Official Liquidator

Court : Mumbai

Decided on : Feb-27-2004

Subject : Company

Acts : Companies Act, 1956 - Sections 460; Maharashtra Rent Control Act, 1999 - Sections 56

Reported in : 2004(4)BomCR898; [2005]127CompCas645(Bom); [2004]52SCL603(Bom)

of this order for four weeks. Stay granted, as prayed for. Company - possession - Section 460 of Companies Act, 1956 and Section 56 of Maharashtra Rent Control Act, 1999 - applicant owner of property - prayed that official

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Jul 17 2007

B.R. Bajaj and ors. Vs. State of Maharashtra and anr.

Court : Mumbai

Decided on : Jul-17-2007

Subject : Company

Acts : Companies Act, 1956 - Sections 56, 58, 60(3), 63, 63(1) and 63(2); Securities and Exchange Board of India Act, 1992 - Sections 3; Negotiable Instruments Act, 1881 - Sections 138, 141 and 141(1); Code of Criminal Procedure (CrPC) - Sections 482; Constitution of India - Article 227

Reported in : [2009]148CompCas636(Bom)

11,1994 and the issue opened for subscription on May 16,1994, with the earliest closing date was May 19,1994. Section 56 of the Companies Act, 1956, stipulates that all material facts specified in Part-I of Schedule-II and the report … learned Additional Chief Metropolitan Magistrate, 37th court, Esplanade, Mumbai, for an offence punishable under Section 63 of the Companies Act, 1956.2. M/s. Omega Ag-Seeds (India) Ltd. and M/s. Punjab Agro Industries Corporation (PAIC) signed a financial collaboration agreement on

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Aug 10 2000

Kothari Orient Finance Ltd. Vs. Tele Data Informatics Ltd. and ors.

Court : Chennai

Decided on : Aug-10-2000

Subject : Company

Acts : Companies Act, 1956 - Sections 56; Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 1

Reported in : [2002]108CompCas863(Mad)

first respondent is also entitled to costs of Rs. 5,000. Company - public issue - Section 56 of Companies Act, 1956 - applicant was creditor of respondent company - respondent launched public issues - public issue challenged - appellant

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Jun 05 2007

Andritz Oy, Rep. Through Power of Attorney Agent, Mr. Siraj Ahmad Vs. ...

Court : Chennai

Decided on : Jun-05-2007

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 2, 2(1), 7, 7(1), 7(2), 7(3), 7(4), 7(5), 8, 11(6), 16, 16(1), 44 to 52, 53 and 54 - Schedule - Article 11(2) and 11(3); Companies Act, 1956 - Sections 2(35), 3, 3(1), 26, 28, 31, 36, 39, 40, 79 and 82; Transfer of Property Act; Arbitration Act, 1940 - Sections 7, 8(2) and 47(1); Contract Act, 1872 - Sections 2, 19, 19A, 20, 23 to 30, 35, 36 and 56; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 2 and 4 - Order 7, Rule 14(1); United Nations Commission on International Trade Law, 1985; United Nations Commission on International Trade Law Conciliation Rules, 1980; Arbitration of the International Chamber of Commerce Rules

Reported in : 2007(3)ARBLR545(Madras)

respondent/plaintiff is that the second defendant being a private limited company, is governed by the provisions of the Companies Act, 1956 and its own Memorandum and Articles of Association and that, therefore, no agreement can be enforced de hors … void ab initio. Dealing with a case where a contract got frustrated and became impossible of performance, attracting Section 56 of the Contract Act, the Supreme Court held in Naihati Jute Mills Ltd. v. Khyaliram Jagannath (1968) 2

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Feb 04 1992

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

Court : Supreme Court of India

Decided on : Feb-04-1992

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

2038 of 1991 is, when does a company become liable to pay interest under Section 73(2A) of the Companies Act, 1956 (the 'Act'). The answer to it depends on the answer to the more fundamental and far more difficult … (3) it is provided that the Registrar shall not register a prospectus unless the requirements of Sections 55, 56, 57 and 58 and Sub-sections (1) and (2) have been complied with. Section 62 deals with civil liability

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