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Jul 26 2010

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

Decided on : Jul-26-2010

Subject : Company

Acts : Companies Act, 1956; ; Indian Telegraph Act, 1885 - Section 4; ; Indian Wireless Telegraphy Act, 1933; ; Uttar Pradesh Entertainment and Betting Tax Act, 1979 - Sections 2, 3, 4, 4A, 4A(4), 4B and 4C; ; Bombay Entertainments Duty Act, 1923; ; Uttar Pradesh Entertainment and Betting Tax (Amendment) Act, 2009; ; Finance Act, 2001 - Sections 65, 65(5), 65(13), 65(63), 65(72) and 137; ; Prasar Bharti (Broadcasting Corporation of India) Act, 1990 - Section 2; ; Finance Act, 2002 - Sections 65, 66(5), 65(14), 65(15), 65(80) and 65(90); ; Finance Act, 2003 - Section 65, 65(16), 65(95), 65(105) and 66(1); ; Finance Act, 2004; ; Finance Act, 2005 - Section 65(16) and 65(105); ; Government of India Act, 1935; ; Cable Television Networks (Regulation) Act, 1995; ; Bengal Amusements Tax Act, 1922; ; We

Petition (M/B) No. 4 of 2010 is a company incorporated under the Companies Act, 1956. The petitioner company has its registered office at Bombay. The … of 2009, the Uttarakhand Legislative Assembly enacted the Uttarakhand (the Uttar Pradesh Entertainment and Betting Tax Act, 1979) (Amendment) Act, 2009 the aforesaid amendment was notified on 16.03.2009.. Through the aforesaid enactment, the term 'Direct-to-Home' (DTH) broadcasting was … fact, that broadcasting was subjected to tax liability as a 'service' for the first time under the Finance Act, 2001. Chapter V. of the Finance Act, 2001 bears the heading 'Service Tax'. Section 65(13) of the Finance Act, … No. 2562 of 2007 and Writ Petition (M/S) No. 353 of 2008, the term 'entertainment' was defined in Section 2(g) of the Entertainment Act, 1979, as under:2. Definitions.- In this Act,-(g) 'entertainment' includes any exhibition, performance, amusement, game,

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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 … R.S. Garg, J.1. This judgement shall dispose of Company Petition Nos. 9 and 10 of 2006. 2. Company Petition No. 10 of 2006 has been filed under Sections 78, 100, 391 and 393 of

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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) … through their Advocates. Learned Asst. Solicitor General is appearing for respondent No. 2 and so far as Registrar of Companies is concerned, in the original … 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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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 … Section 115J of the Income Tax Act, 1961. Section 205 of the Companies Act, 1956 provided that past losses or unabsorbed depreciation, whichever is loss … questions of law:- (i) "Whether the transactions in hand envisage a "transfer" exigible to tax by reference to Section 2(47)(v) of the Income Tax Act, 1961 read with Section 53-A of the Transfer of Property Act, 1882? (ii)

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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 … on the road in which Vikrant Mishra died. Appellant Nos. 1 and 2 are his parents. Jeep No. M.P. 18-B/4175 was involved in this accident. … 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

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Aug 23 2006

Central Coalfields Ltd. Vs. State of Jharkhand and ors.

Court : Jharkhand

Decided on : Aug-23-2006

Subject : Sales Tax

Acts : Bihar Entry Tax Act, 1993 - Sections 2, 2(9), 3 and 6; Jharkhand Entry Tax (Amendment) Ordinance, 2001; Jharkhand Entry Tax (Amendment) Ordinance, 2002; Constitution of India - Articles 255, 301, 302, 303, 303(1), 303(2) and 304; Bihar Finance Act, 1981 - Sections 12(1); Assam Taxation (On Goods Carried By Roads and Inland Waterways) Act, 1954; Rajasthan Motor Vehicles Taxation Act, 1951; Motor Vehicles Act, 1988 - Sections 2(28); Kerala Tax on Entry of Motor Vehicle into Local Act, 1944 - Sections 2 and 3; Motor Vehicles Rules, 1989 - Rules 2 and 92(2)

Reported in : (2007)6VST614(Jharkh)

Goods into Local Areas for Consumption, Use or Sale thereof (Amendment) Ordinance, 2001' [Jharkhand Ordinance No. 02 of 2002- hereinafter to be referred as 'Jharkhand … the roads. It was submitted that the Dozers, Excavators, Road Rollers etc., which are being used by the Companies, who have approached this Court, are being used only within their factories/mines/premises and are not being used on … of Jharkhand, while amending the Bihar Entry Tax Act, 1993, it is necessary to look into the relevant amendment, as made, and the comparative chart, as shown hereunder:Bihar Entry TaxJharkhand Entry TaxSection 2(c)- 'Entry of goods'with all … 1993 'entry tax' was introduced in the erstwhile State of Bihar. While Section 2(c) of the Bihar Entry Tax Act, 1993 defines 'entry of goods',

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Aug 23 2006

Central Coal Fields Ltd. Etc. Etc. Vs. State of Jharkhand and ors.

Court : Jharkhand

Decided on : Aug-23-2006

Subject : Sales Tax

Reported in : [2007(1)JCR94(Jhr)]

Goods into Local Areas for Consumption, Use or Sale thereof (Amendment) Ordinance, 2001' [Jharkhand Ordinance No. 02 of 2002 hereinafter to be referred as Jharkhand … the roads. It was submitted that the Dozers, Excavators, Road Rollers etc., which are being used by the Companies, who have approached this Court, are being used only within their factories/mines/ premises and are not being used … of Jharkhand, while amending the Bihar Entry Tax Act, 1993, it is necessary to look into the relevant amendment, as made, and the comparative chart, as shown hereunder:---------------------------------------------------------------------- Bihar Entry Tax Jharkhand Entry Tax---------------------------------------------------------------------- Section 2(c)-'Entry of

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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 … financial company as defined by Section 45-I(f) of the 1934 Act. On 29 September 1997, the Reserve Bank prohibited the company from accepting any deposit

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Apr 21 2005

Shri S.K. Verma Vs. Official Liquidator, Pioneer Consolidated Co. of I ...

Court : Delhi

Decided on : Apr-21-2005

Subject : Company

Acts : Companies Act, 1913 - Sections 391, 391(1), 433, 439 and 446; Delhi Rent Control Act - Sections 14(1) and 15(1)

Reported in : (2005)5CompLJ260(Del); 119(2005)DLT620; 2005(82)DRJ477

J.1. Company Petition NO. 123 of 1989 was filed by Mr. S.K. Verma under Section 391(1) of the Companies Act. In this petition Mr. Verma has stated that he is the shareholder of the Pioneer Consolidated Co. … Pioneer Consolidated Co. of India Ltd. (in liquidation) (hereinafter called `the company'). This company was incorporated on June 23,1939 under the Companies Act, 1913. Another company, namely, Indian Turpentine and Rosin Company Ltd. (hereinafter referred to as

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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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