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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against the Company, against which winding-up order is passed, it stands repealed in view of the Companies (Second Amendment) Act, 2002.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 … 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 … 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 … Court of Metropolitan Magistrate, 21st Court, Bandra, Mumbai, against Respondent Nos.2 and 3 for the offence punishable under Section 138 of the Negotiable Instruments Act,

M. Babu Rao and ors. Vs. Deputy Registrar of Co-operative Societies/Of ...

Court : Andhra Pradesh

Subject : BankingTrusts and Societies

Acts : Andhra Pradesh Co-operative Societies Act, 1964 - Sections 6, 9A, 9B, 9C, 12A, 13, 15A, 16, 17, 19, 21, 21A, 21AA, 23, 32(3), 32, 34, 34A, 56, 58, 60, 61, 61(1), 64, 66, 70, 70(2), 71, 71(1), 71(2), 71(3), 73, 76, 77, 78, 80, 115A, 115B, 117, 121 and 133; Andhra Pradesh Co-operative Societies (Amendment) Act, 1970; Andhra Pradesh Co-operative Societies Rules; Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 - Sections 36, 36A and 37; Andhra Pradesh Protection of Depositors and Financial Establishments Act, 1999; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969; Banking Companies Act, 1949; Banking Laws (Amendment) Act, 1983 - Sections 42; Banking Laws (Application to Co-operative Societies) Act, 1965; Banking Regulation Act, 1949 - Sections 2, 3,

Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)

Act, 1949 was passed with a view to consolidate and amend the law relating to Banking Companies. The Amendment Act 23 of 1965 known as the Banking Laws (Application to Co-operative Societies) Act, 1965 made applicable the Banking … of Presiding Officers of the Tribunal and Appellate Tribunal, terms of Office and staff and the like provisions. Chapter III sets out the jurisdiction, powers and authority of Tribunals constituted under the Act. Section 18 enacts a bar … is the substance of the respondents' case.The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the 2002 Act) ~ brief analysis:25. The slow pace of recovery of defaulting loans and mounting levels of

Wallfort Shares and Stock Brokers Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2005)96ITD1(Mum.)

income received from a mutual fund was exempt under the provisions of section 10(33) of the Act in Chapter III of the Income Tax Act. The heading of Chapter III read "Incomes which do not form part of … was not "dividend", as defined in the Income Tax Act or the Companies Act, 1956. In common parlance such income was being called dividend and … need for Parliament to have inserted clause (vi) in section 17(2) of the Act by the Taxation Laws (Amendment) Act, 1984.The learned counsel addressed us on the reliance placed by the department on the judgment of Honble Supreme … the provision could cause to the tax payers. Hence the proviso above mentioned was inserted by the Finance Act, 2002 with retrospective effect from 11-5-2002. It, therefore, meant that an assessment order already made could not be disturbed

Wallfort Shares and Stock Brokers Vs. Income-tax Officer [Alongwith

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

income received from a mutual fund was exempt under the provisions of Section 10(33) of the Act in Chapter III of the Income-tax Act. The heading of Chapter III read "Incomes which do not form part of total … fund was not "dividend", as defined in the Income-tax Act or the Companies Act, 1956. In common parlance such income was being called dividend and … need for Parliament to have inserted clause (vi) in Section 17(2) of the Act by the Taxation Laws (Amendment) Act, 1984.73. The learned counsel addressed us on the reliance placed by the department on the judgment of Hon'ble … the provision could cause to the tax payers. Hence the proviso above mentioned was inserted by the Finance Act, 2002 with retrospective effect from 11th May, 2002.It, therefore, meant that an assessment order already made could not be

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 … available at: http://www.thecanadianencyclopedia.ca/en/article/administrative-tribunals/ (last visited on 10.09.2019). 11 III. Australia 25. The Australian system of Tribunals is

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

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 … these two contingencies occurs, the corporate debtor is required to be liquidated in the manner laid down in Chapter III. Section 12, construed in the light of the object sought to be achieved by the Code, and in

Fertilizer Corporation Of India Ltd. Vs. M/s. Coromandal Sacks Private ...

Court : Supreme Court of India

Subject : Land Acquisition

industrial company.66. It is pertinent to mention that prior to the coming into force of the Sick Industrial Companies (Amendment) Act, 1993 w.e.f. 01.02.1994, the proceedings in the nature of a suit as mentioned in (iv), (v) and (vi) … (supra) and Maharashtra Tubes (supra) and held thus: “13. On a fair reading of the provisions contained in Chapter III of Act 1 of 1986 and in particular Sections 15 to 22, we are of the opinion that … Court of Telangana at Hyderabad partly allowing the Appeal Suit No.808 of 2002 and Appeal Suit No.913 of 2004 respectively preferred by the original defendants

State Bank of India Vs. V. Ramakrishnan

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 … brought into force. In fact, even the Companies Act, 2013, which repeals the 31 Companies Act, 1956, contains Chapter 19 consisting of Sections 253 to 269 dealing with revival and rehabilitation of sick companies along the lines … Ltd. v. Rajesh Kumar Drolia and Anr.1 They then referred to Part III of the Code, and in particular, to Sections 96 and 101. Although

Ms C Uma Reddy Vs. Directorate Of Enforcement

Court : Karnataka

Subject : Land Acquisition

seminal points in issue in the following terms:- 18 (i) The question as to whether some of the amendments to the Prevention of Money- laundering Act, 2002 could not have been enacted by the Parliament by way … terms:- 18 (i) The question as to whether some of the amendments to the Prevention of Money- laundering Act, 2002 could not have been enacted by the Parliament by way of a Finance Act has not been examined … any proceedings relating to confiscation of such proceeds of crime under this Chapter, he may, by order in writing, provisionally attach such property for a … NO.14 RAMANASHREE29H MAIN ROAD BTM LAYOUT II STAGE BENGALURU - 560 078. 3 . R.H.KASTURI AGED ABOUT54YEARS W/O C.SHIVAKUMAR REDDY RESIDING AT NO.14, RAMANASHREE29H MAIN