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Madras Bar Association Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

is declared that until the provisions in parts 1B and 1C of the Companies Act introduced by the Companies (Amendment) Act, 2002, which have been found to be defective in as much as they are in breach of the basic … was of the firm opinion that the tribunals should be a real substitute to High Courts. While scrutinizing Chapter II of the Act which dealt with the establishment of tribunals, this Court expressed its view that a short

Indorama Synthetics (I) Limited Vs. State of Maharashtra, Through the ...

Court : Mumbai

Subject : Company

against the Company, against which winding-up order is passed, it stands repealed in view of the Companies (Second Amendment) Act, 2002. Hence, its applicability to proceedings under Section 138 of N.I. Act needs no consideration. Reference to that effect … expression 'suit or other proceedings' in Section 446(1) and the expression 'suit or proceedings' in Section 442, under Chapter II of Part VII of the Companies Act,1956, include criminal complaints filed under Section 138 of the Negotiable Instruments … 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). (3) [***] (4) Nothing in sub-section (1) or sub-section (3) shall apply to any

Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 10, 10A, 10B, 11, 12, 80HHC, 80HHC(3), 80HHF(3), 112, 113, 115A, 115AA, 115AB, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 119(2), 140A, 154, 161(1A), 164, 164A, 167B, 172(4), 174(2), 175, 176(2), 192, 207, 208 to 219, 234A, 234B and 234C; Finance Act, 2002 - Sections 115J, 115J(1), 115JA, 115JB(1) and 115JB; Finance Act, 1987; Finance (No. 2) Act, 1996; Finance Act, 2000 - Sections115B and 115JB; Finance (Amendment) Act, 2000; Finance (Amendment) Act, 2002; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 17(1), 32(2), 32A(3), 72(1), 73, 74, 74A(3), 139(1), 142(1) and 288(2); Finance Act, 2001 - Sections 2(8); Constitution of India - Articles 265 and 300A

Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)

2000-01, the finance bill 2000 and Finance Act 2000 and also the amendment carried out by the Finance Amendment Act 2002 and submitted that in view of the fact that even substantive law can be amended retrospectively and the … XIIB was inserted by the Finance Act, 1987 with effect from 1.4.1988 providing for levy of tax on Companies and such a tax was levied on book profits of the Company and not on the total income … the petition that Minimum Alternate Tax (hereinafter called MAT) was introduced in Chapter XIIB of the Act providing for imposition of MAT in the absence … things viz., i) deeming the book profit to be total income; and ii) providing for tax at 7 1/2% of such book profit. It is

Coca Cola India Inc. Vs. Assistant Commissioner of Income Tax and ors.

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : (2009)221CTR(P& H)225; [2009]309ITR194(P& H); [2009]177TAXMAN103(Punj& Har)

office in India. It is a part of International Coca Cola Corporate Group. The said group has other companies operating in India incorporated under the Companies Act, 1956.3. The petitioner obtained permission under Section 29(1)(a) of the … petition to challenge the notice in respect of asst. yr. 2006-07, which amendment has been allowed by a separate order.6. Main contention raised in the … of tax revenue. The said provisions have been incorporated vide Finance Act, 2001 and further amended vide Finance Act, 2002. Having regard to the object for which provisions have been enacted, applicability of the said provisions has to … Kumar Goel, J.1. This petition questions application of transfer pricing provisions in Chapter X of the IT Act, 1961 (for short, 'the Act') to the … and is, thus, a foreign company under Section 2(23A) of the Act. It has a branch office

Greater Bombay Co-op. Bank Ltd. Vs. United Yarn Tex. Pvt. Ltd. and ors ...

Court : Supreme Court of India

Subject : BankingConstitution

Acts : Recovery of Debts due to Banks and Financial Institutions Act, 1993 - Sections 2, 3, 17, 18, 31 and 34; Recovery of Debts due to Banks and Financial Institutions (Amendment) Act, 1965 - Sections 56; Maharashtra Co-operative Societies Act, 1960 - Sections 2(6), 2(10), 2(20), 18A, 36, 43, 44, 50, 55, 64, 72, 73, 78, 81, 83, 84, 88, 91, 91(1), 92, 94, 95, 97, 98, 101, 101(1), 102, 103, 104, 105, 107, 156 and 161; The Multi-State Co-operative Societies Act, 2002 - Sections 3, 22, 39, 40, 74, 83, 84, 99 and 101; Andhra Pradesh Co-operative Societies Act, 1964 - Sections 2, 9, 19, 30A, 31, 31A, 35, 47, 47(2), 50, 51, 52, 61, 61(1), 62, 63, 64, 65, 70, 70(2), 71, 71(1), 71(2), 72, 73, 75, 76 and 77; Banking Regulation Act, 1949 - Sections 2, 3, 5, 6, 20(2), 56 and 56(1); Banking Regulation (

Reported in : AIR2007SC1584; 2007(3)ALT1(SC); [2007]137CompCas63(SC); JT2007(5)SC201; 2007(3)KLT302(SC); 2007(3)MhLj434; 2007(5)SCALE366; (2007)6SCC236; 2007AIRSCW2325; 2007(3)AIRKarR406

be notified by the Government from time to time, which gives financial or other aid to a society'. Chapter II of the Act deals with Registration of Societies. A society which has, its main object, the promotion of … in Clause (b) of Sub-section (1) of Section 5 of the Banking Companies Act, 1949 and includes any society which is functioning or is to … of a Co-operative Society into a Multi-State Co- operative Society by an amendment in its bye-laws with the approval of the Central Registrar who shall … under the Maharashtra Co-operative Societies Act, 1960 [for short 'the MCS Act, 1960']; The Multi-State Co- operative Societies Act, 2002 [for short ''the MSCS Act, 2002'']; and the Andhra Pradesh Co-operative Societies Act, 1964 [for short 'the APCS

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Subject : Land Acquisition

and National Company Law Appellate Tribunal (NCLAT) were challenged. Interestingly, while examining Chapter XXVII of Companies Act, 2013 i.e. Sections 407 to 434, this Court … ill-equipped to deal with technically specialised trade disputes arising from monopolistic railway companies. Such inexpert adjudication also resulted in dissatisfaction of the litigants. Consequently, a … tax law, company law or environment law, etc. LEGISLATIVE DEVELOPMENT OF TRIBUNALISATION :38. In India, the Constitution (42nd Amendment) Act, 1976 paved way for tribunalisation of the justice dispensation system by introduction of Articles 323A and 323B in … Section 13 (5- A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest (SARFAESI) Act, 2002 which permits secured creditors to participate in auction of immoveable property if it remained unsold for want of … Parliament and streamline the functioning of the same. ii. A writ of mandamus directing the Ministry of

Thiru. R. Gandhi President, Madras Bar Association Vs. Union of India ...

Court : Chennai

Subject : Company

Acts : Constitution of India - Articles 14, 19(1), 50, 226 and 323; Companies Act 1956 - 10FB, 10FD(2), 10FD (3), 10FD(3), 10FE, 10FF, 10FK(2), 10FO, 10FR(3), 10FX, 79(1), 79(3), 117B, 118(3), 144(4), 163(6), 167, 188(5), 196(4), 219 (4), 225(3), 284(4), 304 (2)(b), 307 (9) and 621A; Companies (Amendment) Act, 2002

Reported in : [2004]120CompCas510(Mad); (2004)2CompLJ274(Mad); 2004(2)CTC561; [2004]52SCL79(Mad)

appointed as Members of the Consumer Forums under the Consumer Protection Act, 1986.67. It is only in the Companies (Amendment) Act, 2002 and in the Competition Act, both enactments being of the year 2002, the term of office is specified … the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).10G. Power to punish for contempt.-The Appellate Tribunal … analysis fails to provide any real protection against the erosion of Article III jurisdiction by the unilateral action of the political Branches. In short, to

State of Tamil Nadu Vs. State of Kerala and anr.

Court : Supreme Court of India

Subject : MRTP

referred to nor relied upon by Kerala at the time of hearing in Mullaperiyar Environmental Protection Forum1. 2006 (Amendment) Act 14. On 18.03.2006, in less than three weeks of the decision of this Court in Mullaperiyar Environmental Protection … concerned with the validity of Haryana Civil Services (Executive) Branch and Allied Services and other Services, Common/Combined Examination Act, 2002 (for short, ‘the Act’). The contention of the petitioners in that case was that the Act amounted to … all legislative entries in all the three lists including Entry 17 List II. (c) The impugned legislation, in its application to the Mullaperiyar dam, violates … the legislature exercises the power under Articles 245 and 246 and other companion articles read with the entries in the respective lists in the Seventh

Arcelormittal India Private Limited Vs. Satish Kumar Gupta

Court : Supreme Court of India

Subject : Land Acquisition

the provisions of Sections 15 to 21 of the Sick Industrial Companies (Special Provisions) Act, 1985. Interestingly, the Companies Amendment Act, 2002 omitted a provision similar to Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985. Consequently, creditors … pass an order requiring the corporate debtor to be liquidated in the manner as laid down in this Chapter; (ii) issue a public announcement stating that the corporate debtor is in liquidation; and (iii) require such order to

S. Haridas Vs. Official Liquidator, High Court of A.P. and ors.

Court : Andhra Pradesh

Subject : Company

Acts : Companies Act, 1956 - Sections 454, 454(1), 454(5), 454(5A), 483 and 483(1); Companies (Second Amendment) Act, 2002; Government of India Act - Sections 107 and 108; Code of Criminal Procedure (CrPC) - Sections 374(1)

Reported in : [2006]133CompCas34(AP); [2007]78SCL145(AP)

483 of the Act:Appeals from any order made, or decision given before the commencement of the Companies (Second Amendment) Act, 2002 in the matter of the winding up of a company by the court shall lie to the same … appeal under Section 483 of the Companies Act. There are various matters concerning winding up dealt with in Chapter II. Some of them are part of the winding up process, others are incidental to winding up. Whether Section