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Reliance Natural Resources Ltd. Vs. Reliance Industries Ltd.

Court : Supreme Court of India

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 … gas agreed between the RNRL and the RIL under the GSMA. On 31.07.2006, RIL forwarded a letter to the RNRL, a copy of letter dated

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

Court : Supreme Court of India

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 … 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 … H.N. Salve, learned senior counsel appearing on behalf of the respondent, on the other hand, would contend:(i) Under Section 3(13) of the Act read with Rule 15 of the Rules which is applicable in this case, the respondent

Shiva Suitings Ltd. (a Company Incorporated Under the Companies Act) a ...

Court : Mumbai

Subject : SICA

Acts : Companies Act; Sick Industrial Companies (Special Provisions) Act, 1985; Sick Industrial Companies (Special Provisions) (Amendment) Act, 1993 - Sections 3, 3(1) and 15; Industries (Development and Regulation) Act, 1951 - Sections 3; Industrial and Financial Reconstruction Regulations, 1987 - Regulation 19

Reported in : 2003(2)ALLMR72; II(2003)BC375; 2003(3)BomCR593; [2005]124CompCas849(Bom)

Sick Industrial Companies (Special Provisions) Act, 1985 (for short 'SICA') was amended by Sick Industrial Companies (Special Provisions) Amendment Act, 1993. The amendment Act came into force on 1st February 1994 whereby the definition of 'sick industrial company' … same. Aggrieved thereby the Petitioners preferred Appeal. The AAIFR on 30th April 2001 rejected the Appeal. The order of AAIFR dated 30th April 2001 and … Company ceased to be an industrial company since March 1993 and it did not fulfil the requirement under Section 3(1)(o) of SICA. Aggrieved thereby the Petitioners preferred Appeal before the Appellate Authority for Industrial and Financial Reconstruction (for

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

Court : Punjab and Haryana

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 … to computation of book profit under 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 shall be allowed as set off … Nos. 200, 201, 232 to 255, 271 to 273, 283 to 298, 303 to 308, 310 to 316, 332 to 334, 356 to 358 and

Bank of Baroda Vs. Official Liquidator of Alpio Finance Ltd. (In Liqui ...

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 48, 125, 126, 536 and 538; Indian Registration Act, 1908 - Sections 28, 30(2), 32A, 51 and 66; Registration (Amendment) Act, 2001; Transfer of Property Act - Sections 3; Registration Rules; Code of Civil Procedure (CPC) - Order 40, Rule 1(2)

Reported in : [2009]149CompCas1(Bom); 2008(6)MhLj457; [2008]85SCL354(Bom)

the Registration Act. Section 30 of the Registration Act prior to its amendment by Act 48 of 2001 read as under:(2) The Registrar of a … between the defendant and the plaintiff. The said charge was registered on 14-6-1999 under Section 125 of the Companies Act. As this fact was not admitted I had by an order dated 14-3-2008 directed the Registrar of … of the said mortgage in Mumbai cannot be imputed to the applicant in view of the provisions of Section 3 of the Transfer of Property Act the relevant portion whereof reads and under:Interpretation clause.-In this Act, unless there

National Hydroelectric Power Corporation Ltd. and anr. Vs. State of Ja ...

Court : Jammu and Kashmir

Subject : CivilConstitution

Acts : Jammu and Kashmir Electricity (Duty) Act, 1963 - Sections 2, 3, 3(1), 3(2), 7, 8, 11 and 11(2); ;Companies Act, 1956; ;Indian Electricity Act, 1910 - Sections 39 and 43A(2); ;Central Sales Tax Act, 1956 - Section 3; ;Madhya Pradesh Electricity Duty Act, 1949; ;Constitution of India - Articles 165, 246, 248, 286(1), 366(12), 370 and 370(1); ;Constitution of Jammu and Kashmir - Sections 5 and 114; ;Constitution (Application to Jammu and Kashmir) Order, 1954; ;Upkar (Amendment) Adhiniyam, 2001 - Section 3

Reported in : 2005(2)JKJ5

describing the incidence of tax, namely, sale or supply of electricity, was significant. By the impugned amendment in 2001, Section 3 of the Upkar Adhiniyam was substituted to provide for payment of energy development cess @ 20 paise by … the writ petition, the case of the petitioner is that it is a government company incorporated under the Companies Act, 1956-fully owned and controlled by the Central Government functioning under the administrative control of Government of India,

Arun Kumar and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : ConstitutionDirect Taxation

Acts : Income Tax Rules, 1962 - Rule 3; Income Tax (Twenty-second) (Amendment) Rules, 2001 - Rule 3; Income Tax Act, 1961 - Sections 15, 16, 17(2), 40A(5), 192, 192(2C), 295 and 295(2); Central Boards of Revenue Act, 1963 - Sections 2; Bombay Municipal Corporation Act, 1888 - Sections 314; Code of Civil Procedure (CPC) , 1908 - Order 17; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Constitution of India - Articles 12, 14, 16, 19, 31A, 31B, 31C and 311; Constitution of India (42nd Amendment) Act, 1976 - Article 31C; Delhi Road Transport Authority (Conditions of Appointment and Service) Regulations, 1952 - Regulation 9; Contract Act, 1872 - Sections 23; Land Acquisition Act, 1894 - Sections 17(1)

Reported in : (2006)205CTR(SC)193; [2006]286ITR89(SC); [2007(1)JCR1(SC)]; JT2006(12)SC121; 2006(9)SCALE320

Tax Rules, 1962, as amended by the Income Tax (Twenty-second) Amendment Rules, 2001, (hereinafter referred to as 'the Rules') which amended the method of computing … that a distinction sought to be made between employees of the Government on one hand and employees of Companies, Corporations or other Undertakings on the other hand, is artificial and irrational, neither based on intelligible differentia nor … amendments in Order 17 of the Code of Civil Procedure, 1908 effected by the Code of Civil Procedure (Amendment) Act, 1999 relating to adjournments. One of the amendments provided that no adjournment shall be granted more than three … Cases, the appellants have challenged validity of Rule 3 of the Income Tax Rules, 1962, as amended … 'the Rules') which amended the method of computing valuation of perquisites under Section 17(2) of the Income Tax Act, 1961 (hereinafter referred to as 'the

Maha Ganapati Shankara Devasthana, Sirsi and Others Vs. State of Karna ...

Court : Karnataka Dharwad

Subject : Land Acquisition

date of the commencement of the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011. ? in sub-section (3), - (a) for the words prescribed authority ?, the words the Rajya Dharmika Parishat or the Zilla Dharmika … 227 of the Constitution of India praying to declare that the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Act, 2011 (Karnataka Act No. 27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the … a pleading could be made. No facts are stated, and no instances where the authorities under the principal Act 2001 have failed to decide the alleged complicated questions of law ?. How the independence of judiciary is affected,

Shri Rajesh Patil Vs. Moonshine Films Pvt. Ltd. and ors.

Court : Company Law Board CLB

Subject : Land Acquisition

Reported in : (2008)141CompCas482

of the company to Rs. 1 lakh from Rs. 12,000/- as required by the provisions introduced by the Companies (Amendment) Act, 2000 (53 of 2000). It was informed that since the petitioner was unwilling to contribute funds for further … to a hopeless minority.Further, the petitioner and his nominees were removed from the Board of the company under Section 283(1)(g) on 30.1.2003. Hence, this petition under Sections 397/398 of the Companies Act, 1956.2. The petitioner's case is … on the Board without any shares to their nominees. The respondent No. 3 namely, Shri Jaivant Virchand Shah was the only non-family director inducted into

Sujit Vasant Patil Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Constitution

Acts : Constitution of India - Article 243O and 243ZG; Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificate) Act, 2001 - Sections 1, 6(2) and 10(4); Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2002 - Sections 1

Reported in : AIR2005Bom1; 2004(4)ALLMR537; 2004(5)BomCR497; 2004(4)CTC572; 2004(3)MhLj1109

Certificate) Act, 2001 - S. 1 - Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2002 - Section 1 - No repugnancy in both the Acts.;Perusal of Maharashtra Act No. XXIII of 2001 … De-notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category for the purposes mentioned in Section 3 may make an application, well in time, in such form and in such manner as may be prescribed,