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Mar 01 2007

Core Healthcare Limited Vs. Nirma Limited

Court : Gujarat

Decided on : Mar-01-2007

Subject : Company

Acts : Companies Act, 1956 - Sections 35, 43A, 55, 78, 81(1), 81(1A), 100 to 104, 189, 191, 235 to 251, 390, 391, 391 to 394, 395, 395(4A), 425(1), 433, 484, 529(1), 529A, 529A(1), 529A(2), 530 and 643; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 5, 5(1), 13, 13(2), 13(4), 13(6), 13(8), 13(13), 17, 17A, 35 and 37; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15(1); Recovery Act; Companies (Amendment) Act, 2001 - Sections 153; Companies Act, 1913 - Sections 153; Companies Act, 1948 - Sections 206, 207, 208 and 209; Companies (Consolidation) Act, 1908 - Sections 120; Income Tax Act, 1961 - Sections 72A(4); Transfer of Property Act, 1882 - Sections 69 and 69A; Contract Act; Goods Act; Joint Stock Co

Reported in : [2007]138CompCas204(Guj); [2007]79SCL47(Guj)

which an order has been made before the commencement of this Act under Section 153 of the Indian Companies [Amendment] Act,2001, sanctioning a compromise or an arrangement.Information as to compromises or arrangements with creditors and members.393 [1] Where

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May 07 2010

Reliance Natural Resources Ltd. Vs. Reliance Industries Ltd.

Court : Supreme Court of India

Decided on : May-07-2010

Subject : CompanyConstitution

Acts : Companies Act, 1956 - Sections 36, 153A, 193, 194, 195, 235 to 351, 391 to 394, 394(1), 433 and 643; ;Oil Fields (Regulation and Development) Act, 1948; ;Territorial Waters, Continental Shelf, Exclusive Economic Zone and Maritime Zones Act, 1976; ;Contract Act - Section 17; ;Petroleum and Natural Gas Rules, 1959; ;Evidence Act - Sections 17, 18 and 20; ;Constitution of India - Articles 13, 14, 38, 39, 73, 77(3), 297 and 298; ;Companies (Amendment) Act, 2001; ;Companies (Amendment) Act, 1965

Reported in : 2007(Supp.)Bom.C.R.925

apply to a company in respect of which an order has been made before the commencement of the Companies (Amendment) Act, 2001 sanctioning a compromise or an arrangement.393. Information as to compromises or arrangements with creditors and members - (1) … under the PSC.(t) With these details, RNRL on 07.11.2006/08.11.2006, filed a Company application No. 1122 of 2006 under Section 392 of the Companies Act, 1956 (hereinafter referred to as 'the Act') before the High Court of Bombay

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Feb 21 2009

Krishna H. Bajaj Through Her Constituted Attorney Mr. Shailesh Bajaj V ...

Court : Mumbai

Decided on : Feb-21-2009

Subject : Company

Acts : Companies Act, 1956 - Sections 5, 73, 209A, 235 to 351, 391, 391(1), 391(2), 392, 393, 393(1), 394, 394(2), 406, 433, 542 and 643; Companies (Amendment) Act, 2001

Reported in : 2009(111)BomLR1509; [2009]152CompCas43(Bom)

apply to a company in respect of which an order has been made before the commencement of the Companies (Amendment) Act, 2001 sanctioning a compromise or an arrangement.]393. Information as to compromises or arrangements with creditors and members - (1) … is further submitted that the transferor Company has not disclosed the fact in petition about pending investigation under Section 209A of the Companies Act. It is also submitted that as per the proviso to Section 391 of

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Nov 09 2005

Vahid Paper Converters and ors. Vs. Ito and ors.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : Nov-09-2005

Subject : Direct Taxation

Reported in : (2006)98ITD165(Ahd.)

(Amendment and Misc. Provisions) Act, 1986 with effect from 1-4-1988 whereby Section 34 was omitted. Further the Finance Act, 2001 inserted Explanation 5 to Section 32 with effect from 1-4-2002.6. At the time of hearing before us, Shri … individuals and firms because they are not required to prepare profit and loss account as provided for the companies in the Companies Act. As regards the Mahendra Mills's case, he observed is a case relating to Asstt.Year

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Oct 08 2007

In Re: Prudential Capital Markets Ltd. (In Liquidation)

Court : Kolkata

Decided on : Oct-08-2007

Subject : Company

Acts : Reserve Bank of India Act, 1934 - Section 45I, 45IA(4), 45IA(7), 45MB(2) and 45MC; ;Companies Act, 1956 - Sections 53A, 391, 441(2), 446(2), 531, 531(1), 531A, 536(2) and 537(1); ;Companies (Amendment) Act, 1960; ;Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 - Sections 10 and 32; ;West Bengal Premises Tenancy Act, 1956; ;Andhra Pradesh Buildings (Lease, Rent and Eviction) Control (Amendment) Act, 2005; ;Andhra Pradesh Buildings (Lease, Rent and Eviction) Control (Amendment) Act, 2001; ;Limitation Act - Schedule - Article 59; ;Provincial Insolvency Act - Section 54; ;Presidency Towns Insolvency Act - Section 56; ;West Bengal Premises Rent Control (Temporary Provisions) Act, 1950; ;Transfer of Property Act - Section 107; ;Registration Act, 1908 - Section 17(1); ;Rent

Reported in : (2008)1CompLJ314(Cal),[2008]84SCL239(Cal)

after the order for the winding up of the company, or before or after the commencement of the Companies (Amendment) Act, 1960 (65 of 1960).531. Fraudulent preference--(1) Any transfer of property, movable or immovable, delivery of goods, payment, execution … conditions set down under Sub-section (4) of Section 45-IA of the 1934 Act.4. Company Petition No. 217 of 2001 was filed by a creditor on 7 April 2001, for winding up the company. The company was directed

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Jul 22 2015

C.S. Atwal Vs. Commissioner of Income-tax, Ludhiana

Court : Punjab and Haryana

Decided on : Jul-22-2015

Subject : Land Acquisition

registered if they have been executed on or after the commencement of the Registration and Other Related Law (Amendment) Act, 2001. Section 17(1A)further provides that, in case, such a document is not registered, it shall have no effect, for the … of the relevant previous year as if the provisions of clause (6) of the first proviso to sub section (1) of Section 205 of the Companies Act, 1956 are applicable. It was pronounced that there is no reason

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Nov 17 2003

Smt. Geeta Devi Mishra and ors. Vs. Anil Kumar Tiwari and ors.

Court : Madhya Pradesh

Decided on : Nov-17-2003

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 140, 147, 149(2) and 173; Motor Vehicles (Amendment) Act, 1994; Repealing and Amending Act, 2001 - Sections 4

Reported in : 2005ACJ424; 2004(1)MPHT82; 2004(1)MPLJ373

Section 140 of the Act which enhanced the compensation from Rs. 25,000/- to Rs. 50,000/-. The Motor Vehicles (Amendment) Act, 1994 incorporated the amendment in Section 140 of the original Act and thereafter the amending Act lost its … The amount of Rs. 25,000/- instead of Rs. 50,000/- was awarded in view of the Repealing and Amending Act, 2001.4. After hearing the learned Counsel for both the sides, this Court is of the opinion that the view … by the claimants against the order by which their application under Section 140 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as

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Nov 24 2010

Holland (Respondent) Vs. the Commissioners for Her Majesty's Revenue a ...

Court : UK Supreme Court

Decided on : Nov-24-2010

Subject : Land Acquisition

a memorandum of association and complying with the requirements of the Act as to registration: Companies Act 1985, section 1; see now Companies Act 2006, section 7. Among the requirements for registration is a statement of the company's … of directors with any appointment, irregular or otherwise, and without any holding out: for Australia see the Corporations Act 2001, section 9, and eg Gebo Investments (Labuan) Ltd v Signatory Investments Pty Ltd [2005] NSWSC 544; Chameleon Mining NL … de facto directors are within section 212 IA 1986. That section, as amended by para 18 of Schedule 17 to the Enterprise Act 2002, provides

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Sep 24 2004

Snowcem India Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Decided on : Sep-24-2004

Subject : Company

Acts : Companies Act, 1956 - Sections 274(1); Companies (Amendment) Act, 2000; Constitution of India - Articles 14, 19(1) and 21

Reported in : [2005]124CompCas161(Bom); [2005]60SCL50(Bom)

of Section 274(1)(g) of the Companies Act, 1956, as amended with effect from December 13, 2000, by the Companies (Amendment) Act, 2000. The petitioners pray that Section 274(1)(g) be declared illegal, invalid, null, void and unenforceable.2. The brief facts

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Jul 27 2009

State of Maharashtra and ors. Vs. Swanstone Multiplex Cinema (P) Ltd.

Court : Supreme Court of India

Decided on : Jul-27-2009

Subject : ContractCommercial

Acts : Companies Act; Bombay Entertainments Duty Act, 1923 - Sections 2, 3, 3(1), 3(13), 4, 4(2), 5, 5A, 6, 9 and 11B; Contract Act, 1872 - Sections 72; Bombay Entertainments Duty (Amendment) Act, 2001; Bombay Sales Tax Act, 1959 - Sections 37, 37(1), 37(4), 46 and 64(1); Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; Bombay Entertainments Duty Rules, 1958 - Rules 7, 15 and 23; Maharashtra Cinemas (Regulation) Rules, 1966; Constitution of India - Articles 142, 296 and 363

Reported in : AIR2009SC2750; 2010(1)BomCR463; JT2009(10)SC157; 2009(10)SCALE148; (2009)8SCC235; (2009)24VST552(SC); 2009AIRSCW5189

Clause (b), on and with effect from the date of coming into force of the Bombay Entertainments Duty (Amendment) Act, 2001 (Mah. II of 2002), there shall be levied and collected by the State Government from the proprietor of … Court in Writ Petition No. 22 of 2006.Background facts:3. Respondent is a company registered and incorporated under the Companies Act. It inter alia is engaged in the business of operating a multiplex theatre, commonly known as Fame … illegally realized by the assessee from the cinema-goers would be hit by Section 72 of the Indian Contract Act and, thus, the State would have … the said theatre. Indisputably, the provisions of the Bombay Entertainments Duty Act, 1923 (for short 'the Act') are applicable to the said multiplex theatre. The

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