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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

of money by any society or class of societies on the security of any property. Section 50 under Chapter V provides for direct subscription by the State Government to the share capital of a society with limited liability … 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

Reliance Natural Resources Ltd. Vs. Reliance Industries Limited

Court : Mumbai

Subject : Company

Acts : Oil Fields (Regulation and Development) Act, 1948 - Sections 2 and 3; Economic Zone and other Maritime Zone Act, 1976; Companies Act, 1956 - Sections 36, 39, 235 to 251, 391 to 394, 433 and 643; Evidence Act - Sections 57 to 62; Income Tax Act - Sections 2(19AA), 2(19AAA) and 2(41A); Companies (Amendment) Act, 2002; Board of Directors Act; Contract Act - Sections 17; U.K. Act - Sections 206; Constitution of India - Article 297; Petroleum and Natural Gas Rules, 1959; Companies Rules

Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)

apply to a company in respect of which an order has been made before the commencement of the Companies (Amendment) Act, 2002 sanctioning a compromise or an arrangement.393. Information as to compromises or arrangements with creditors and members. -(1) where … without jurisdiction. The parties cannot be rendered remedyless. The Company Court, therefore, considering the Scheme and purpose of Chapter V and basically Sections 391 to 394 has ample power and jurisdiction to supervise the Scheme as sanctioned under

Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...

Court : Chennai

Subject : Land Acquisition

of 3 developments that have taken place, one in the year 2002 in the form of Companies (Second Amendment) Act, 2002, the second in the same year 2002 in the form of Sick Industrial Companies (Special Provisions) Repeal Act, … take care of the interest of the workers. 11.2. Part VII of the Companies Act, comprising of five chapters, the first relating to the modes of winding up and contributories, the second relating to winding up by … :22-04-2013 Coram : THE HONOURABLE SELVI JUSTICE K.SUGUNA THE HONOURABLE MR. JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR. JUSTICE M.DURAISWAMY Writ Petition No.26905 of 2011 M/s.Salem

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 … Bar Association in the country, has, in this petition, questioned the constitutional validity of the amendment effected to the Companies Act by Companies (Second Amendment) … 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

Niphad Sahakari Sakhar Karkhana Ltd. and Others Vs. State of Maharasht ...

Court : Mumbai

Subject : Land Acquisition

Act XX of 2002. He would submit that section 1(2) (a) of this Maharashtra Tax Laws (Levy and Amendment) Act, 2002, Maharashtra Act XX of 2002 refers to the amendments to the Act of 1962. He would submit that … and 28 shall come into force on the dates expressly mentioned in those sections. Mr. Joshi relied upon Chapter V of this Act, which contains amendments to the Maharashtra Purchase Tax on Sugarcane Act, 1962. Chapter V reads

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 … 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 … INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs.9402-9405 OF2018ARCELORMITTAL INDIA PRIVATE LIMITED …APPELLANT VERSUS SATISH KUMAR GUPTA & ORS. ...RESPONDENTS WITH CIVIL APPEAL NO.9582 OF2018CIVIL APPEAL

Indian National Shipowners Association Vs. Union of India (Uoi)

Court : Mumbai

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 5(2), 64, 65, 65(105), 66, 66A, 68, 68(2), 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79 and 94; Companies Act, 1956 - Sections 25; Merchant Shipping Act, 1958; Territorial Waters, Continental Shelf, Exclusive Economic Zone, and other Maritime Zones Act, 1976 - Sections 6(6) and 7(7); Factories Act, 1948; Societies Registration Act, 1860; Central Excise Act, 1944; Finance Act, 2005; Finance Act, 2006; Service Tax Rules, 1994 - Rule 2 and 2(1); Central Excise Rules; Constitution of India - Article 265

Reported in : (2009)222CTR(Bom)234; [2009]16STJ175; 2009[13]STR235

appearing for the Petitioners submitted that though the service tax was introduced for the first time in the Chapter V of the Finance Act, 1994 in the year 1997 the definition of the term 'taxable service' was substantially … the Indian National Ship Owners Association which is registered as a not-for-profit company under Section 25 of the Companies Act, 1956, and whose members are owners of Indian Flag Vessels. Currently, the Petitioner No. 1 has 32 … it is contrary to the scheme of the Act. On 16-6-2005, an amendment was made to the Act also, by which an explanation was added … of the Service Tax Rules, 1994 inserted with effect from 16th August, 2002;2. On the basis of the above provisions the Respondents are seeking to

Indian Bank Association and ors. Vs. Union of India and anr.

Court : Supreme Court of India

Subject : Land Acquisition

for such offence have also been provided to make the provisions effective. Usual provision relating to offences by companies has also been included in the said new Chapter. In order to ensure that genuine and honest bank … finding and not elaborate reasons which otherwise he would have been required to record in regular trials.” 18. Amendment Act, 2002 has to be given effect to in its letter and spirit. Section 143 of the Act, as already … JURISDICTION WRIT PETITION (CIVIL) NO.18 OF2013Indian Bank Association and others … Petitioners Versus Union of India and others … Respondents JUDGMENT K.S. Radhakrishnan, J.1. This

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 … CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3595 OF2018STATE BANK OF INDIA … APPELLANT VERSUS V. RAMAKRISHNAN & ANR. … RESPONDENTS WITH CIVIL APPEAL No.4553 OF2018JUDGMENT R.F.

Adhikarala Jagadeeswara Rao Vs. Gopala Krishna Transport and ors.

Court : Andhra Pradesh

Subject : CivilMotor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 33; Motor Vehicles Act, 1988 - Sections 146, 147, 147(1), 149(2) and 167; Workman's Compensation Act, 1923

Reported in : 2005(1)ALD111

considered the issue elaborately in National Insurance Co. Ltd. v. Nicolletta Rohtagi, 2002 (6) ALD 1 (SC), III (2002) ACC 292 (SC) and in Paras … Hence, for a comprehensive pronouncement on these issues, this Court directed all the Counsel appearing for the Insurance Companies, claimants and the owners of the vehicle to address arguments on the issues framed hereunder for consideration.(I) Without … we have to look at the provisions of the Motor Vehicles Act. Chapter XI of the Motor Vehicles Act deals with Insurance of Motor Vehicles … party or passenger or owner of the goods. As per Section 163-A of the M.V. Act introduced by amending Act 54 of 1994 compensation for no fault liability has to be paid on the basis of structured