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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

society which is functioning or is to function as a Co-operative Agriculture and Rural Multi-purpose Development Bank under Chapter XI. In Section 2(6) of the MCS Act, 1960 - 'Central Bank' means a co-operative bank, the objects 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

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 … brilliantly written article “Piercing the veil of corporate entity” [published in (1912) XII Columbia Law Review 496]. and summarised their central holding in the following

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 … under a decree or order of any Civil Court or Arbitration Award. Chapter-II of the said Act deals with establishment of Tribunal and Appellate Tribunal … was informed to the petitioner by letter dated 11-7-2002 calling upon the petitioner to submit his revised

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 … specified shall not be terminated or suspended or interrupted during moratorium period. 11 (3) The provisions of sub-section (1) shall not apply to such transactions

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 … move Bombay High Court for sanction of the scheme of demerger.17. On 11.8.2005 RNRL (the applicant) acquired by RIL (the respondent) for the purposes of

Carlos Alberto Perez Lafuente vs.uoi & Ors.

Court : Delhi

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 … treat the petitioner‟s application (7318/DELNP/2008) as „Deemed to be Withdrawn‟ under Section 11-B (4) of the Patents Act, 1970 (The Act). A further direction is

The Branch Manager Vs. Pampapapti S/o Shankreppaanr

Court : Karnataka Kalaburagi

Subject : Land Acquisition

to laid down the ratio at paragraphs 12 to 16, which as follows :- 12. The heading of Chapter XI of the Act is - "Insurance Of Motor Vehicles Against Third Party Risks" and it contains Sections 146 … to pass the following :- ORDER The appeals filed by the Insurance Companies are dismissed. The Common order in proceedings in WC(CR) No.730 to 735 … liability, which the insured may incur in respect of death of or bodily injury to any person. By amendment Act 54/1994 which came into effect from 14-11-1994 the injury to any person includes the owner of the goods

The Branch Manager Vs. Naganath S/o Mallayyaanr

Court : Karnataka Kalaburagi

Subject : Land Acquisition

to laid down the ratio at paragraphs 12 to 16, which as follows :- 12. The heading of Chapter XI of the Act is - "Insurance Of Motor Vehicles Against Third Party Risks" and it contains Sections 146 … to pass the following :- ORDER The appeals filed by the Insurance Companies are dismissed. The Common order in proceedings in WC(CR) No.730 to 735 … liability, which the insured may incur in respect of death of or bodily injury to any person. By amendment Act 54/1994 which came into effect from 14-11-1994 the injury to any person includes the owner of the goods

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

Court : Supreme Court of India

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 … or bidders were not permitted to bid (in accordance with the norms). xii) NITCON is a Public Sector Organization with which SITCOM has no concern,

The Branch Manager Vs. Basalingappa S/o Siddalingappa

Court : Karnataka Kalaburagi

Subject : Land Acquisition

to laid down the ratio at paragraphs 12 to 16, which as follows :- 12. The heading of Chapter XI of the Act is - "Insurance Of Motor Vehicles Against Third Party Risks" and it contains Sections 146 … to pass the following :- ORDER The appeals filed by the Insurance Companies are dismissed. The Common order in proceedings in WC(CR) No.730 to 735 … liability, which the insured may incur in respect of death of or bodily injury to any person. By amendment Act 54/1994 which came into effect from 14-11-1994 the injury to any person includes the owner of the goods