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Sahara India Real Estate Corporation Limited and Others. Vs. Securitie ...

Court : Supreme Court of India

Subject : Companies

Acts : Companies Act, 1956 - Section 55A(b), 55A(c), 56, 57, 58, 60B, 60B(1), (2), 2(19A), 60B(9), 235 to 241, 73, 73(1)(2A), 209-A , 68A(1)(a), 2(45AA), 81(1A), 234(1), 234(4)(a), 67(3), 62, 63, 108A, 109, 110, 117A, 117B, 117C, 56, 62, 63, 642, 642(4), 2(19A); Securities and Exchange Board of India (Disclosure and Investor Protection) Guidelines, 2000 ; Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009 - Regulations 3, 6, 2(zc), 2(p), 2(n), 4(2), 5(1), 6, 7, 16(1), 20(1), 25, 26, 36, 37, 46, 57; Securities and Exchange Board of India(SEBI) Act 1992 - Section 11C, 11A, 15Z, 55A, 68A, 77A, 80A, 108, 109, 110 116, 117, 118, 119, 120, 121, 122, 206, 206A, 207, 59 to 81,; Companies (Central Government's) General Rules and Forms, 1956 - Rule 4CC, Form No. 2A,; Securities Contracts (Regulation) Act(SCR), 1956 - Section 2(h), 21, 73(1)(3), 28, 28(1)(b), 20; Companies (Amendment) Act, 2000 - Section 55A, 67(3); Companies (Second Amendment) Act, 2002 - Section 2(19B), 60B(9), 60B(1)(2)(3), ; Constitution of India - Articles 129, ; Companies Act, 2006 - Sections 755, 760,; Food Safety Modernization(FSMA), Act 2000 - Section 85; Reserve Bank of India Act, 1934 - Section 45I(f) ; Companies Amendment Act 53 of 2000 - Section 81(1A); Insurance Act, 1938 - Section 2; Securities Laws (Amendment) Act, 1995 - Sections 13, 16, 28(1)(b), 28(2); Indian Evidence Act - Section 114 ; Companies (Central Government's) General Rules and Forms, 1956 - Rule 4CC, 4D; Unlisted Public Companies (Preferential Allotment) Rules, 2003 - Rule 2,; UPC (PA) Amendment Rules 2011 ; SCR Rules - Rule 19; Unlisted Public Companies (Preferential Allotment) Amendment Rules 2011

Reported in : (2013)1SCC1

a recognized stock exchange. Section 60B, as already indicated, refers to IM. Section 2(19B) was inserted by the Companies (Second Amendment) Act, 2002, w.e.f. 1.4.2003, which reads as follows:“2(19B) "information memorandum" means a process undertaken prior to the filing of a … a specific reference to Section 108, not Sections 108A to I. So also Section 55A specifically refers to Section 109, not Sections 109A and B. Legislature wanted inclusion of Sections 108A to I, Section 109A etc., then it

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 … Iyer, “Why Stultify Judges’ Status?.”, (2002) 2 LW (JS) 85 (June, 2000) 109 instrument to undermine the order of precedence clearly accorded under the Constitution.197. … 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

Pawan Goel Vs. Kmg Milk Food Ltd. and ors.

Court : Punjab and Haryana

Subject : CompanyLimitation

Reported in : [2008]142CompCas441(P& H); (2008)2CompLJ213(P& H); (2008)149PLR98; [2009]89SCL121(Punj& Har)

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 60 days from the date of communication of the … of filing the appeal, an application (C. M. No. 109 of 2007) was filed by the appellant under Section 5 of the Limitation Act, 1963, seeking condonation of delay of 140 days in preferring the appeal against

Aditya Cement Staff Club Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 17; Income Tax Rules, 1962 - Ruel 3; Finance Act, 2001 - Sections 17(2)

Reported in : RLW2004(1)Raj396; 2003(4)WLC663

so held even without any provision like Clause (vi) as was inserted for the first time vide Taxation Amendment Act of 1984 (Act No. 67 of 1984) w.e.f. 1.4.5, which was never brought into operation as the same … market by prescribing the percentage of salary as basis of its valuation. 109. It is also the contention of the learned counsel for the petitioner … of application of mind by the Rules Framing Authority to the task which has been entrusted to it. Secondly, the basis of computation of income to be taxed for the assessment year 2001-2002 which is earned in … Articles 14, 300A, 301 and 304 of the Constitution of India; (ii) Section 17(2)(vi)* as Parliament has deleged without authority of law and without any

M/S Daiichi Sankyo Company Ltd Vs. Jayaram Chigurupati and ors.

Court : Supreme Court of India

Subject : Land Acquisition

present case. The 1997 Takeover Code underwent further amendments by the SEBI (Substantial Acquisition of Shares and Takeovers) (Second Amendment) Regulations, 2002, with effect from September 9, 2002 in light of the recommendations made by the second Bhagwati … 2009.3. On October 3, 2007 Ranbaxy Laboratories Limited (respondent no.3), a company incorporated and registered under the Indian Companies Act, entered into a Share Purchase and Share Subscription Agreement jointly with Zenotech (respondent no.4) and its promoter, … Takeover) Regulations, 1997 (the Takeover Code or the Takeover Regulations) framed under section 30 of the Securities Exchange Board of India Act, 1992. The Takeover

Nepc Micon Limited, Vs. Sashi Prakash Khemka and ors.

Court : Chennai

Subject : Company

Acts : Companies Act - Sections 10F, 13A, 14, 43A, 111, 111A, 111A(2), 111A(3) and 155; Indian Stamp Act; Income Tax Act; Securities Contract (Regulatory) Act, 1956 - Sections 22A; Depositories Act, 1996; Company Amendment Act, 1998 - Sections 14; Securities and Exchange Board of India Act, 1992; Sick Industrial Companies (Special Provisions) Act, 1985; ;Haryana Municipal Act, 1973; BIFR Act; Depositories Related Laws (Amendment) Act, 1997; Haryana Municipal (Second Amendment) Act, 1994; Customs Act; Limitation Act - Schedule - Article s 82 and 137; Motor Vehicles Act - Sections 110, 110A, 110F and 111; Depositories Act, 1995;

Reported in : [2007]137CompCas917(Mad); [2007]78SCL442(Mad)

Municipal Act, 1973. Chapter III of the said Act deals with the composition of municipalities. The Haryana Municipal (Second Amendment) Act, 1994 (Act 3 of 1994) inserted Section 13-A in Chapter III of the principal Act which provides for … herein as regards the maintainability of the petition filed by the respondents herein under Section 111A(3) of the Companies Act. Important question of law arises in these appeals as to the availability of the jurisdiction of the … In support of this proposition, he relied on the decision reported in 109 CC 913 (Shirish Fin. and Invt. v.M. Sreenivasulu Reddy). Apart from this

Rohit Tandon vs.enforcement Directorate

Court : Delhi

Subject : Land Acquisition

encashment in future. During investigation under PMLA, statements of accounts of various companies i.e. namely Delhi Trading Company, Kwality Trading Company, Mahalaxmi Industries, R.K.International, Sapna … Addl. Solicitor General further urged that Section 4 of PMLA read with Second part of the First Schedule of the Cr.P.C. makes it absolutely clear … under PMLA are non-cognizable in terms of the amendment carried out in the year 2005. It is … Section 439 Cr.P.C. in case ECIR/18/DZ-II/2016/AD (RV) registered under Sections 3 & 4 of Prevention of Money Laundering Act, 2002 (hereinafter referred as ‘PMLA’). Status report is on record.2. I have heard learned Senior Counsel for the petitioner … Page 16 of 18 the CBI under Section 13(2) read with Section 13(1)(e) of the PC Act and Section 109 IPC.32. Reliance placed by the learned senior counsel for the petitioner on various decisions which deal with the

Nasik Hing Supplying Company Vs. Annapurna Gruh Udyog Bhandar

Court : Gujarat

Subject : Intellectual Property RightsCivil

Acts : 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

Reported in : 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 … of Section 100A of the Code of Civil Procedure and about maintainability of appeal under Sub-section (5) of Section 109 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as 'the Act' or 'the T.M. Act')

Aligarh Muslim University versus Naresh Agarwal & Ors.

Court : Supreme Court of India

Subject : Land Acquisition

Reported in : [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

Association of Registration Plates Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Motor Vehicles

Acts : Motor Vehicles (New High Security Vehicle Registration Plates) Order, 2001; Motor Vehicles Act, 1988 - Sections 2, 2(21A), 2(28), 2(32), 3, 4, 10, 39, 41, 41(6), 50, 64, 109, 109(1), 109(2), 109(3) and 212; Central Motor Vehicles Rules, 1989 - Rules 50, 50(1), 50(2), 51 and 126; Central Motor Vehicles (Amendment) Rules, 2001; Constitution of India - Articles 14, 19, 19(1), 19(6) and 39; Constitution of India (First Amendment) Act, 1951; Orissa Kendu Leaves (Control of Trade) Act

Reported in : I(2005)ACC83; [2004(4)JCR163(SC)]; 2004(5)SCALE822; (2004)5SCC364

of 15 years would mean that not only the doors for Indian companies or the Government would be shut for such a long period but … having a Test Approval Certificate from one of the bodies mentioned in second para of Rule 50(1)(v) of the Rules is fully entitled to supply … of the Constitution. 15. Clause 6 of Article 19 of the Constitution was amended by the Constitution (First Amendment) Act, 1951 which came into force on 18^th June, 1951 and it reads as under: "(6) Nothing in Sub-clause … the above specifications. (vi) .....(omitted as not relevant) 3. In Exercise of the power under Sub-section (3) of Section 109 of the Act the Central Government issued an order known as Motor Vehicles (New High Security Registration Plates) … Rs. 50 crores during preceding financial year i.e. 2002-2003 and 25% of this amount should have come