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Nasik Hing Supplying Company Vs. Annapurna Gruh Udyog Bhandar
Gujarat
Mar-04-2003
Intellectual Property RightsCivil
Code of Civil Procedure (CPC) , 1908 - Sections 4, 4(1), 96, 100, 100A, 104, 104(1), 104(2) and 105 - Order 43, Rule 1; Trade and Merchandise Marks Act, 1958 - Sections 97, 109(5) and 109(8); Code of Civil Procedure (CPC) (Amendment) Act, 1999 and 2002
AIR2003Guj275; (2003)2GLR926; (2003)2PLR926; [2003]46SCL118(Guj)
Judge of the High Court in writ proceedings has been done away with, consequently now with the C.P.C. Amendment Act, 2002, abolition of Letters Patent Appeals is confined to appeals against the judgment of a single Judge exercising his … Section 39 of the Arbitration Act, 1940 or Section 202 of the Companies Act and other similar local or special Acts. If these special Acts … of Section 100A of the C.P.C. that it prohibits any kind of second appeal. 7. On the other hand, Mr. G.N. Shah, learned Counsel appearing … ... ... ... ... ... (2) No appeal shall lie from any order passed in appeal under this Section. 105. Other orders - (1) Save as otherwise expressly provided, no appeal shall lie from any order made by
Tag this Judgment! AI Brief & AskSmt. Hetal Alpesh Muchhala Vs. Adityesh Educational Institute and ors.
Mumbai
Sep-17-2009
ArbitrationCompany
Arbitration and Conciliation Act, 1996 - Sections 33, 34 and 34(3); Central Excise Act, 1944 - Sections 35 and 35(1); Companies Act, 1956 - Sections 10E, 10E(4C), 10E(4D), 10F, 397 and 398; Companies (Amendment) Act, 1963; Companies (Amendment) Act, 1974; Companies (Amendment) Act, 1988; Companies (Second Amendment) Act, 2002; Code of Civil Procedure (CPC) , 1908; Income-tax Act, 1961 - Sections 252; Evidence Act; Limitation Act, 1963 - Sections 3, 4 to 24, 29 and 29(2)
[2009]152CompCas75(Bom)
person aggrieved by any decision or order of the Company Law Board (made before the commencement of the Companies (Second Amendment) Act, 2002) may file an appeal to the High Court within sixty days from the date of communication of the … company application, the applicant/appellant seeks condonation of delay of 105 days in lodging the company appeal filed under Section 10F of the Companies Act, 1956. The question which arises for determination in this application is whether the
Tag this Judgment! AI Brief & AskBhenoy G. Dembla Vs. Prem Kutir (P) Ltd.
Mumbai
Jun-30-2003
CivilCompany
Code of Civil Procedure (CPC) , 1908 - Sections 100A; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Companies Act, 1956 - Sections 10F and 111
2003(4)ALLMR575; 2004(2)BomCR280; [2003]117CompCas643(Bom); 2003(4)MhLj883; [2003]47SCL372(Bom)
allowed an appeal filed by the Respondent under Section 10F of the Companies Act, 1956 against an order of the Company Law Board. The maintainability … in certain cases against the decision of a Single Judge in a second appeal. Such an appeal in effect amounted to a third appeal. Consequently, … necessary intendment and not otherwise.6. Section 100A of the Code of Civil Procedure was initially inserted by an Amendment Act of 1976. The Statement of Objects and Reasons indicated that Letters Patents Appeals lie in certain cases against … The amended provisions of Section 100A of the Code of Civil Procedure came into force on 1st July, 2002. Section 100A as amended provides as follows :'No further appeal in certain cases.--Notwithstanding anything contained in any Letters Patent … as well as Sections 96, 100, 104 and 105 of the Cr.PC. preserve a substantive right of
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...
Chennai
Apr-22-2013
Land Acquisition
take note 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, … High Court went to the extent of holding that in the light of Section 35 of the Securitisation Act, 2002, Section 22 of SICA does not survive anymore. (vi) In Nabha Industries Ltd vs. Punjab State Industrial Development Corporation
Tag this Judgment! AI Brief & AskZile Singh Vs. State of Haryana and ors.
Supreme Court of India
Oct-07-2004
CivilElection
Haryana Municipal Act, 1973 - Sections 2, 13A, 13A(1) and 14(1); Haryana Municipal (Amendment) Act, 1994; Customs Act, 1873; Evidence Act, 1872 - Sections 112
AIR2004SC5100; JT2004(8)SC589; (2005)141PLR85; 2004(8)SCALE659; (2004)8SCC1; (2005)1UPLBEC239
intended.4. It took more than six months for the State Legislature to realize its error. The Haryana Municipal (Second Amendment) Act, 1994 (Act No. 15 of 1994) was enacted by the Legislature which received the assent of the Governor … Act deals with composition of municipalities. The Haryana Municipal (Amendment) Act, 1994 (Act No. 3 of 1994) inserted Section 13A in Chapter III of the Principal Act which provision reads as under :-'13A. Disqualification for membership. (1) … and to remedy this omission another Customs Act (53 Geo. 3, c. 105) was passed later in the same year. Between the passing of these
Tag this Judgment! AI Brief & AskCelir Llp Vs. Bafna Motors (mumbai) Pvt. Ltd.
Supreme Court of India
Sep-21-2023
Land Acquisition
33 of 111 accordance with the provisions of section 529A of the Companies Act, 1956 (1 of 1956): Provided further that in the case of … with the Joint Sub Registrar, Thane 8 having registration No.19283/2023, whereby the second charge that the Tata Motors Finance Solutions Limited had on the second … later on 1st September, 2016, the Enforcement of Security Interest and Recovery of Debt Laws and Miscellaneous Provisions (Amendment) Act, 2016 (“2016 Amendment”) was enacted which inter-alia amended sub-section 8 of Section 13 of the SARFAESI Act, and … demand notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short, ‘the SARFAESI Act’) for repayment of the principal amount along with interest, cost, charges, etc. As … secured asset at a reserve price of Rs. 105 crore. On publication of the auction notice, the
Tag this Judgment! AI Brief & AskVijay Madanlal Choudhary Vs. Union Of India
Supreme Court of India
Jul-27-2022
Land Acquisition
8 of the Suppression Of Unlawful Acts Against Safety Of Maritime Navigation and Fixed Platforms On Continental Shelf Act, 2002; Section 212 of the Companies Act, 2013; and Section 12 of the Anti-Hijacking Act, 2016. State Legislations:- Section 19 … the person charged with the offence of money-laundering under Section 3. The second part [Clause (b)]. concerns any other person. Taking the second part first, … (No.2) Act, 2019. To begin with, Clause (a) in sub-section (1) of Section 44, as existed prior to amendment Act 2 of 2013, stood thus: “44. Offences triable by Special Courts.-(1) Notwithstanding anything contained in the Code of … Section 57A of the (Kerala) Abkari Act, I of 1077; (ii) Sections 105, 106, 113A and 113B of the Indian Evidence Act, 1872; (iii) Section
Tag this Judgment! AI Brief & AskAligarh Muslim University versus Naresh Agarwal & Ors.
Supreme Court of India
Nov-08-2024
Land Acquisition
[2024]11S.C.R.1647
must point towards one member of the minority or a group from the community. [Para 135] 3.2. The second indicia is the purpose for which the educational institution was established - Though it is not necessary that … Studies - referred to. List of Acts Constitution of India; Aligarh Muslim University Act, 1920; Aligarh Muslim University (Amendment) Act, 1951; Aligarh Muslim University (Amendment) Act, 1965; Entry 63 of List I of the Seventh Schedule to the … 1981, Section 4 1686 [2024] 11 S.C.R. Supreme Court Reports 7. In 2002, an eleven-Judge Bench of this Court in TMA Pai Foundation v. State … of Dawoodi Bohra Community v. State of Maharashtra [2004] Supp. 6 SCR 1054 : (2005) 2 SCC 673; TMA Pai Foundation v. State of Karnataka
Tag this Judgment! AI Brief & AskK.M. Chikkathayamma and Others Vs. The State of Karnataka, Urban Devel ...
Karnataka
Mar-10-2016
Land Acquisition
Acquisition Act, 1894 is the general law relating to acquisition of land for public purposes and also for companies and for determining the amount of compensation to be made on account of such acquisition. The provisions of … of India, praying to quash the notification dated 1.4.1981 issued by the second respondent vide Annexure-E and etc; These Writ Petitions filed under Articles 226 … (the "cited statute") into another statute (the referring statute) any repeal or amendment of the "cited statute" is automatically carried over or reflected in the … of the LA Act, 1894, but also with the acquisition under the BDA Act. It is contended that Section 105 of the LA Act, 2013 provides that if the land is not utilized for a period of five
Tag this Judgment! AI Brief & AskG. Mohan Rao Vs. The State Of Tamil Nadu
Supreme Court of India
Jun-29-2021
Land Acquisition
short title: “An Act to amend the law for the acquisition of land for public purposes and for Companies.” The 1894 Act was in force throughout the country. After 1950, when the Constitution came into force, we … the words used must expressly provide or clearly imply retrospective operation.31 The second is that the retrospectivity must be reasonable and not excessive or harsh, … 5 amendment, namely, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Tamil Nadu Amendment) Act, 20147 was effected to the 2013 Act whereby Section 105A came to be inserted in the 2013 Act. … and the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002) inoperative on the date on which the Right to Fair Compensation and
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