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S. Haridas Vs. Official Liquidator, High Court of A.P. and ors.

Court : Andhra Pradesh

Subject : Company

Acts : Companies Act, 1956 - Sections 454, 454(1), 454(5), 454(5A), 483 and 483(1); Companies (Second Amendment) Act, 2002; Government of India Act - Sections 107 and 108; Code of Criminal Procedure (CrPC) - Sections 374(1)

Reported in : [2006]133CompCas34(AP); [2007]78SCL145(AP)

reproduce Section 483 of the Act:Appeals from any order made, or decision given before the commencement of the Companies (Second Amendment) Act, 2002 in the matter of the winding up of a company by the court shall lie to the same … the sentence or order passed or made in exercise of the power of superintendence under the provisions of Section 107 of the Government of India Act, or in the exercise of criminal jurisdiction) of one judge of the

Mohd. Riyazur Rehman Siddiqui Vs. Deputy Director of Health Services

Court : Mumbai

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 110, 110C, 140, 163A, 165 to 174, 175 and 176; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Motor Vehicles Act, 1939; Companies Act, 1956 - Sections 10E, 10F, 397, 398 and 483; Government of India Act, 1915 - Sections 71, 107 and 108; Specific Relief Act - Sections 6 and 6(3); Contempt of Courts Act - Sections 19, 19(1) and 19(2); Limitation Act - Sections 4 to 24; Defence of India Act; General Clauses Act, 1897; Companies (Amendment) Act, 1988; Companies (Second Amendment) Act, 2002; Bombay Municipal Corporation Act, 1888 - Sections 127(1), 217, 217(1), 218D and 218D(1); Kerala High Court Act - Sections 5; Indian Succession Act - Sections

Reported in : 2009ACJ585; 2008(6)MhLj941

under:483. Appeals from orders - Appeals from any order made or decision given before the commencement of the Companies (Second Amendment) Act, 2002, in the matter of the winding up of a company by the Court shall lie to the same … sentence or order passed or made in the exercise of the power of superintendence under the provisions of Section 107 of the Government of India Act, or in the exercise of criminal jurisdiction) of one Judge of, the

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

Court : Supreme Court of India

Subject : Land Acquisition

of Chapters 1-B and 1-C of the Companies Act, 6 (2010) 11 SCC112 PART A1956as inserted by the Companies (Second Amendment) Act 2002 which provided for the constitution of a National Company Law Tribunal7 and the National Company Law Appellate Tribunal8 … than the High Court (which was sought to be replaced) itself. xxx 107. In Union of India v. Madras Bar Assn. [(2010) 11 SCC1 , … demonstrate an apparent disparity in 96 age of superannuation of Members and Chairpersons/Presiding Officers of different Tribunals. Illustratively, Section 14D of the Telecom Regulatory Authority of India Act, 1997 provides a Member of Telecom Disputes Settlement and

P.S. Sathappan (Dead) by Lrs. Vs. Andhra Bank Ltd. and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 3, 4, 4(1), 35A, 96 to 103, 104, 104(1), 104(2), 105, 105(2), 115, 117, 135, 217(1), 218D, 278 and 282 - Order 7, Rules 10 and 11 - Order 10, Rule 3 - Order 16, Rule 2 - Order 18, Rules 1, 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 - Order 20, Rules 1 and 8 - Order 21, Rules 72, 90 and 92 - Order 33, Rule 7 - Order 39, Rules 1 and 2 - Order 41, Rule 35 - Order 43, Rule 1 - Order 49, Rules 1, 2 and 3; Constitution of India - Articles 133, 136, 225, 329 and 372; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 2002; ;Indian High Courts Act, 1861; Legislative Act; Government of India Act, 1935 - Sections 223; India (Adaptation of Existing Laws) Order, 1949; Independence Act, 1947 - Section

Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672

in the Code by reason of Code of Civil Procedure amendment Act, 1976 or Code of Civil Procedure Amendment Act, 2002. In any event the provision of Section 100A of the Code being not retrospective in operation, the right … this Court while construing the provisions of Section 202 of the Indian Companies Act observed as follows : There was no doubt either that most … Patent of the Madras High Court would govern the forum for a second appeal therefrom; the only restriction being that such an order must be … a sentence or order passed or made in exercise of the power of superintendence under the provisions of Section 107 of the Government of India Act, or in the exercise of criminal jurisdiction) of one Judge of the

Vivek Hire Purchase and Leasing Limited Rep. by Its Vice President, Mr ...

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 433 and 434

Reported in : [2006]129CompCas343(Mad); 2005(1)CTC524; (2005)2MLJ8; [2005]62SCL245(Mad)

to whom the company is indebted in a sum exceeding rupees one lakh (substituted for Rs. 500 by Companies (Second Amendment) Act, 2002) then due, has served on the company, by, causing it to be delivered at its registered office, by … entitled to seize the assets and the same is pending. On 22.6.2002, the petitioner issued a notice under Section 434 of the Companies Act, calling upon the petitioner to pay the sum of Rs. 9,46,503 due as

Subhash Chander Vs. Fathay Singh

Court : Delhi

Subject : Land Acquisition

defence-appeal dismissed with costs of Rs. 2,00,000/- (B) Transfer of Property Act, 1882-Section 106 (3)-Notice terminating tenancy -By amendment of 2002, by sub-section (3), raising of technical defences as to validity of 15 days notice to terminate … Valmiki J. Mehta, J. (Oral) 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/plaintiff/landlord against … premises on payment of market rent. (E) Transfer of Property Act, 1882-Section 107- Lease-Tenant at sufferance- is one who wrongfully continues in possession after expiry

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)

country, has, in this petition, questioned the constitutional validity of the amendment effected to the Companies Act by Companies (Second Amendment) Act, 2002 whereby provision is made for setting up of a National Company Law Tribunal (Tribunal) as also a National … other matters, are transferred. 2. The jurisdiction of the High Court transferred to the Tribunal are those under Sections 100 to 104, 107, 203, 243, 318(3)(d), 391, 392, 394, 394A, 395, 424, 425, 426, 427, 433, 434(1)(b),

Bakul Debnath and ors. Vs. Oriental Insurance Co. Ltd. and anr.

Court : Guwahati

Subject : Civil

be taken away by any authority except the Parliament by way of amendment of the provisions of Constitution. According to him, in the instant case, … Apex Court considering the case of National Insurance Company v. Nicolleta Rohtagi 2002 ACJ 1950 (SC) held that appeal is a statutory right and where … Article 227 of the Constitution are not original but only supervisory. Article 227 substantially reproduces the provisions of Section 107 of the Government of India Act 1915 excepting that the power of superintendence has been extended by this … (4) State Bank of Bikaner & Jaipur v. Om Prakash Sharma : (2006)IILLJ1046SC (para 13 and 17) respectively.(ii) Secondly, in respect of an award passed by the Motor Accident Claims Tribunal at the instance of the insurer,

U.P. Cement Vetanbhogi Sahkari RIn Samiti Ltd. Vs. Official Liquidator

Court : Allahabad

Subject : CivilCompany

Reported in : [2010]97SCL196(All)

provides as follows:Appeals from orders.- Appeals from any order made or decision given before the commencement of the Companies (Second Amendment) Act, 2002, in the matter of the winding up of a company by the Court shall lie to the same … in Section 104(1) and incorporated Section 4 in the CPC. Thus now a specific exclusion was provided. After 2002, Section 100A reads as follows:100A. No furtherappealin certain cases.- Notwithstanding anything contained in any Letters Patent for any High … appeal from judgment passed in exercise of revisional jurisdiction and in exercise of the power of superintendence under Section 107 of the Government of India Act, 1915. There can be no doubt either that the exercise of revisional

Lord Chloro Alkali Ltd. Vs. Mohinder Pal Singh Khurana and ors.

Court : Delhi

Subject : Land Acquisition

was filed prematurely on 18th February, 1998.34. Section 106 of the TPA was amended by Transfer of Property (Amendment) Act, 2002 (Act No. 3 of 2003) and the substituted Section 106 reads as under: For section 106 of the … PW-1/2) an area of 7647.12 square feet was rented out to three companies, namely, the appellant (5000 square feet), Modi Industries Limited (2000 square feet) … leases unless there is a valid contract to the contrary, i.e., contract as prescribed meets the mandate of Section 107 of TPA and the Registration Act. Section 107 TPA prescribes the procedure for execution of a lease between … Section 106 of the Transfer of Properties Act, 1882 (TPA, for short). Secondly and the main plea was that the tenancy of the appellant was