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Mar 30 2004

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

Court : Chennai

Decided on : Mar-30-2004

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 Constitution if Parliament could transfer the jurisdiction previously exercisable by holders of the judicial office named in Chapter VII of the Constitution, to holders of new judicial offices to which some different name was attached, and to

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Jul 04 2014

P.Kumar Vs. Secretary to Government

Court : Chennai

Decided on : Jul-04-2014

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

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Sep 26 2018

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

Decided on : Sep-26-2018

Subject : Right to Information

or decree of the Supreme Court.” 73. Relying on Section 6(2), which was introduced by way of the Amendment Act, 2002 (Act 14 of 2002) that came into force from 6-8-2002, it is submitted by Mr Rohatgi that the … Act.” Writ Petition (Civil) No.494 of 2012 & c onnected matters Page 424 of 567351) Certain acts in Chapter VII are treated as offences and penalties are also provided, from Section 34 to Section 43.352) Section 44 clarifies … to foreign entities or entities under the ownership and control of foreign companies and corporations. The entire framework and working of the authentication procedure in

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Nov 13 2019

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

Court : Supreme Court of India

Decided on : Nov-13-2019

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 … equated in ‘rank’ and ‘status’ with Constitutional functionaries?. VII. Whether direct statutory appeals from Tribunals to the

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Oct 04 2018

Arcelormittal India Private Limited Vs. Satish Kumar Gupta

Court : Supreme Court of India

Decided on : Oct-04-2018

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 … Adjudicating Authority, being the NCLT, Ahmedabad Bench, passed an order under Section 7 of the Code at the behest of financial creditors, being the State

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Apr 11 2014

M/S. Century Central Vs. State of Karnataka, Urban Development Departm ...

Court : Karnataka

Decided on : Apr-11-2014

Subject : Land Acquisition

This Act may be called the Karnataka Industrial Areas Development Act, 1966. (2) XXX (3) This Act except Chapter VII shall come into force at once; Chapter VII shall come into force in such area and from such … of school XXXThis direction is not applicable to KIADB. Acquisition for Educational Institution has been initiated under KIADB Amendment Act CI86 SPQ 96 dated 13/3/1991XXX27The Land of the objector is not Industrial Land and K.I.A.D Act is applicable … objections contending that it was appointed as a Nodal Agency under Section 12 of the Karnataka Industries (Facilitation) Act, 2002 (hereinafter referred to as 'Facilitation Act, 2002') and that SLSWCC has been constituted under that Act, to examine

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May 02 2003

Jindal Drugs Limited, a Company Incorporated Under the Provisions of t ...

Court : Mumbai

Decided on : May-02-2003

Subject : Sales Tax

Acts : Bombay Sales Tax Act, 1959 - Sections 2(13), 2(28), 3, 3(4), 8 and 22; Companies Act, 1956; Maharashtra Tax Laws (Levy) (Amendment) Act, 1998; Transfer of Property Act - Sections 130

Reported in : 2003(3)ALLMR9; 2003(4)BomCR14; (2002)2BOMLR888; 2004(1)MhLj87

Matched in: Citation 2003(3)ALLMR9; 2003(4)BomCR14; (2002)2BOMLR888; 2004(1)MhLj87

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Aug 14 2018

State Bank of India Vs. V. Ramakrishnan

Court : Supreme Court of India

Decided on : Aug-14-2018

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 … debtors and that, as a result, huge outstanding debts to banks and 7 financial institutions had not been repaid. In particular, he pointed out Section

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Jan 10 2019

Carlos Alberto Perez Lafuente vs.uoi & Ors.

Court : Delhi

Decided on : Jan-10-2019

Subject : Intellectual Property

and have considered the respective submissions.15. The deferred examination system was introduced in the Act by the Patents (Amendment) Act, 2002. Prior to that, all patent applications were required to be examined by the Controller of Patents under Section … was no reference to the date of priority in Section 11B. Pertinently, Section 135 - which falls in Chapter XXII of the Act - and deals with International Arrangements, was also amended by Act 15 of 2005 … to Order V Rule 1, as well as the proviso to order VIII Rule 1 were substituted by the following proviso: “Provided further that where

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May 16 2008

Bakemans Industries Pvt. Ltd. Vs. New Cawnpore Flour Mills and ors.

Court : Supreme Court of India

Decided on : May-16-2008

Subject : Company

Acts : State Financial Corporations Act, 1951 - Sections 29 and 31; Arbitration and Conciliation Act, 1996 - Sections 9 and 21; Companies Act, 1956 - Sections 2, 236, 391, 431, 433, 441, 442, 443, 446(1), 446(2), 446(3), 446(4), 447, 448, 450, 450(1), 450(2), 450(3), 456, 457, 456, 457, 529, 529(1), 529(3), 529A, 529A(1), 530 and 538; Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Companies (Amendment) Act, 2002; Insolvency Act, 1986 - Sections 143, 236 and 324(1); Company Rules - Rule 293

Reported in : AIR2008SC2699; 2008(6)ALLMR(SC)463; [2008]144CompCas71(SC); (2008)3CompLJ1(SC); (2008)151PLR670; 2008(9)SCALE566; [2008]84SCL489(SC); 2008AIRSCW4507; 2008(4)Supreme581; 2008(4)KCCRSN302

commence at the time of presentation of petition for winding up. The provision has since been omitted by Companies (Amendment) Act, 2002. Section 442 provides for the power of the court to stay or restrain proceedings against the company, Section … the company's assets.48. The role of the official liquidator in a situation of this nature assumes great importance.49. Chapter II of the 1956 Act deals with winding up of a company by the court. Section 433 provides … legal principles involved in sale of assets of the company in liquidation. vii) As the Company was an ongoing concern, the Company Judge without involving

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