Advanced Search Results

V.K. Sekhar Vs. Indian Bank, Greamset Branch and anr.

Court : Andhra Pradesh

Subject : BankingCivil

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 13, 13(2), 13(3A), 13(4), 17(1), 31, 35 and 37; Recovery of Debts due to Banks and Financial Institutions Act, 1993 - Sections 2, 19 and 19(1); Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Companies Act, 1956; Securities Contracts (Regulation) Act, 1956; Securities and Exchange Board of India Act, 1992; Code of Civil Procedure (CPC) , 1908 - Sections 60(1); Constitution of India - Article 226

Reported in : 2006(6)ALD778

made thereunder shall be in addition to, and not in derogation, the Companies Act, 1956 (1 of 1956), the Securities Contracts (Regulation) Act, 1956 (42 … of action, wholly or in part, arises.(2)...11. Under the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004 (for short, 'the Amendment Act, 2004), Section 19 of the RDB Act, 1993 was amended with effect … the petitioner under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is arbitrary and illegal.2. It is not in dispute that the writ petitioner having availed a loan from … with establishment of Tribunal and Appellate Tribunal and Chapter-Ill provides for the jurisdiction, powers and authority of Tribunals. Chapter-IV of the Act deals with the procedure for making Applications before the Tribunals. Section 19 of the RDB

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against the Company, against which winding-up order is passed, it stands repealed in view of the Companies (Second Amendment) Act, 2002.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 … to continue with this proceeding under Section 138 of the N.I. Act. 4. This order of the learned Magistrate dated 2nd December 2008 was challenged

P.Kumar Vs. Secretary to Government

Court : Chennai

Subject : Education

there is a decision of the Company Law Board under this Chapter.10. By means of the Companies (Second Amendment) Act, 2002, Chapter IV A was amended and instead of ".Company Law Board"., the ".Tribunal". was substituted. Thus, according to the Amendment

Nuziveedu Seeds Ltd. And Ors. Vs.monsanto Technology Llc and Ors.

Court : Delhi

Subject : Land Acquisition

(GATT), including the Trade- Related Aspects of Intellectual Property Rights (TRIPS) Agreement, India, inter alia, introduced the Patents (Amendment) Act, 2002, in June 25, 2002. This amendment altered the definition of “an invention” under Section 2(1)(j) to include the … Marks Act, 1999, which it is submitted, are in circumvention of the due process of law contained in Chapter IV of the Patents Act, 1970, and beyond the jurisdiction of the learned single judge. Analysis and Conclusions 59. … large number of donor Bt. cotton seeds and distributed them to seed companies, (including Nuziveedu and its subsidiaries under different agreements). The licensees agreed to

Soma Suresh Kumar Vs. Government of Andhra Pradesh and ors.

Court : Supreme Court of India

Subject : Land Acquisition

and Exchange Board of India Act, 1992 (15 of 1992) would also be applicable as amended by the Amendment Act 2002 (59 of 2002). Further, it was also stated that the Andhra Pradesh Cooperative Societies Act, 1964 did not … and above, the provisions under which they were charge-sheeted, even the provisions of Sections 11 to 11-D of Chapter IV of the Securities and Exchange Board of India Act, 1992 (15 of 1992) would also be applicable as … Act, enacted by the Central Government, to regulate the operation of banking companies or organizations, enables the RBI to give licence to banking companies to

Morarjee Goculdas Spg. and Wvg. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Land Acquisition

Reported in : (2005)98TTJ(Mum.)201

at the place of business of lessor and they have been introduced by the lessor or the group companies belonging to the lessor with the sole purpose of closing the financial transaction on the very day on … assessee argued that so far as the Finance Bill was concerned, the amendment was introduced to have prospective effect. Thus, the amendment as passed by … or else the proceedings in question would not have arisen. In relation to the insertion by the Finance Act, 2002, in the provisions of Section 158B(b) with retrospective effect from 1st July, 1995, the learned Counsel for the … been relied upon by the learned AO was beyond the scope of Chapter XIV-B. For the purpose of applying the provisions of Chapter XIV-B, there … that 14 lease transactions as detailed in para 4 of the impugned order alleged by the assessee

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 … the other Courts and Tribunals in the country. IV. United States of America 26. The doctrine of

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 … directors of companies, referred to in clause (i) and his associates; and iv. mutual fund, financial institution, merchant banker, portfolio manager and any investment company … however, becoming increasingly fashionable to start with some theory of what is basic to a provision or a chapter or in a statute or even to our Constitution in order to interpret and determine the meaning of

Valueline Securities (i) Ltd. Vs. Assistant Commissioner

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2007)108ITD639(Delhi)

145 shall, so far as may be, apply Section 158BB as existing prior to amendment by the Finance Act, 2002, provides that the undisclosed income of the block period shall be computed in accordance with the provisions of … provides that the undisclosed income of the block period shall be computed in accordance with the provisions of Chapter IV on the basis of evidence found as a result of search or requisition of books of account or … referred to above, makes it clear that in the case of limited companies the jurisdiction of the assessing officer would be limited only to see

Kakaral Ravikumar, Koppa and Others Vs. the State of Karnataka, Rep. b ...

Court : Karnataka Dharwad

Subject : Land Acquisition

extent of land in which M/s. Aaress Iron and Steel Limited is interested and notified for applicability of Chapter IV, came to be reduced to 874 acres 2 guntas spread over the survey numbers of the three villages. … survey numbers of Halawarthi village was required to M/s. MSPL Limited: both companies are incorporated under the Indian Companies Act. 5. On a reading of … Committee before which the fourth respondent had filed an application under the provisions of the Karnataka Industries [Facilitation] Act, 2002, [for short ‘Facilitation consideration Act] availing the services of Udyog Mithra had given due consideration to the request … the wake of the Constitution of United States of America and several amendments carried out to that Constitution and more so the manner of right