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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 … vacated the interim order dated 13.12.2010. SIRECL took up the matter before this Court in S.L.P. (Civil) No. 11023 of 2011.17. SIRECL, in the meanwhile, claimed that it had furnished a separate CD along with the password

Mineria Nacional Limitada, a Partnership Firm and Shri Anil Vasudeva S ...

Court : Mumbai

Subject : CompanyLimitation

Acts : Companies Act, 1956 - Sections 2(11), 4(2), 10F, 10(3), 10(12), 13, 14 and 260A; Companies(Second Amendment) Act, 2002; Limitation Act, 1963 - Sections 4 to 24, 29(2), 34 and 34(2); Uttar Pradesh Sales-Tax Act, 1948 - Sections 3B and 10; Sales Tax Act - Sections 10 and 10(3B); Income Tax Act, 1961 - Sections 260A; Special Court(Trial of Offences Relating to transactions in Securities) Act, 1992; Arbitration and Conciliation Act, 1996 - Sections 43

Reported in : (2007)109BOMLR789

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 … 2. The applicant has filed an application dated 16-1-2006 for condonation of delay to file an appeal under Section 10F of the Companies Act, 1956 (Act, for short) against the Order dated 26-9-2005 of the Company Law … it has been stated that it was filed with a delay of 110 days. The opposition to the application started with the note that 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 … except the Supreme Court under Article 136. Later, in L. Chandrakumar (supra), 110 this court very aptly held that judicial review by High Courts under … 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

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 … The question before the High Court in that case was whether a claimant before the Tribunal constituted under Section 110 of the 'Act' is entitled to the benefit of Order 33, Rule 1 Civil Procedure Code. The Tribunal

Vodafone International Holdings B.V., a Company Incorporated Under the ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 1(2), 2, 2(17), 2(23A), 2(31), 2(37), 2(47), 4, 4(1), 4(2), 5(2), 9, 9(1), 23(1), 23(3), 24, 26, 64, 64(2), 173, 191, 192(1A), 194, 194C(1), 195, 195(1), 195(2), 195(3), 197, 199, 200, 201, 203A, 221, 221(1), 201(1A), 245S, 246A and 271C; Foreign Contribution Regulation Act; Indian Official Secrets Act; Constitution Act; Information Technology Act; Indian Passport Act; Indian Income Tax Act, 1922 - Sections 18, 19 and 42; Finance Act, 2008; Indian Telegraph Act, 1885; MRTP Act - Sections 33; Finance Act, 2002 - Sections 201; Companies Act; Income Tax (Amendment) Act, 2008 - Sections 191 and 201; Income Tax (Amendment) Act, 2002; Income Tax (Amendment) Act, 2003; Income Tax Rules - Rules 30 and 31A, 41E; Constitution of India - Articles 14, 19(1

Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

construed the provisions of Section 201 of the Act as they stood before the amendment of the Finance Act, 2002. Therefore, the same would not enable the Respondents to urge that after the 2002 amendments made in Section … indicate a nexus. The question is one of substantial importance, specially as it concerns collaboration agreements with foreign companies and other such arrangements for the better development of industry and commerce in India. In view of the … without jurisdiction.II. Section 195 has no extra territorial operation:10. With regard to second proposition that Section 195 has no extra territorial operation, Mr. Chagla, the

Pacific Convergence Coproation Ltd. Vs. Data Access (India) Limited

Court : Delhi

Subject : CompanyCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 9; Companies Act, 1956 - Sections 391 to 394, 433, 434 and 531; Foreign Exchange Management Act - Sections 6 and 47(2); Foreign Exchange Management (Borrowing or Lending in Foreign Exchange) Regulations, 2000 - Regulation 3; Foreign Exchange Management Rules

Reported in : I(2006)BC288; 125(2005)DLT337; 2005(85)DRJ701

evident from the Recital F to the Amendment Agreement dated 5th January, 2002 and Recital E to the Second Amendment Agreement dated 10th April, 2002. The security presently available to the petitioner, post the dilutions inducted by the … commenced operation in July, 2002. The company has also Interconnect Agreements with 110 leading ILD operators and these partners hand over/takeover calls for over 210 … its registered office in New Delhi, praying for its winding up under Sections 433(e) and 434 of the Companies Act 1956 (for short `the Act'). The ground for winding up is the debt allegedly owed by the … its registered office in New Delhi, praying for its winding up under Sections 433(e) and 434 of the Companies Act 1956 (for short `the Act').

Fazal Ali Vs. Amna Khatun and ors.

Court : Rajasthan

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100A; Code of Civil Procedure (CPC) 2002; Motor Vehicles Act, 1988

Reported in : II(2004)ACC655; 2005ACJ29; AIR2004Raj39; 2005(1)KLT828; RLW2004(3)Raj1454; 2004(1)WLC339

Motor Vehicles Act is not maintainable in view of Section 100A introduced by the Code of Civil Procedure (Amendment) Act, 2002 with effect from 1-7-2002?2. The impact of Section 100A with respect, to special appeals preferred under Section 18 … withdrawal of business is not vested in the High Court but in the State Government.23. In Associated Cement Companies Ltd. v. P.N. Sharma, AIR 1965 SC 1595 making distinction between the civil Court and the Tribunal, the … been introduced to minimize the delay and, as such, to curtail the second appeal in the third Forum, the non-obstante clause has been appended to … 1 WLC (Raj) 750, reading the expression used 'an appeal' under Section 110-B (173 of the New Act) held that against the judgment and award

Videocon International Ltd. Vs. Securities and Exchange Board of India

Court : Supreme Court of India

Subject : Company

Board of India (Amendment) Ordinance, 2002. The Ordinance was replaced by the Securities and Exchange Board of India (Amendment) Act, 2002. Section 15Z, as amended is reproduced hereunder:- "15Z. Appeal to Supreme Court- Any person aggrieved by any decision or … (emphasis is ours) A perusal of Section 15Z reveals, that when the second appellate remedy was made available to an aggrieved party for the first … any right, privilege, obligation or liability already acquired, accrued or incurred under any such law....." By this Order section 110, Civil PC was adapted to the new situation but the requirement as to value was raised from 10,000

Subhash JaIn Vs. Pioneer Shopping Complex (P.) Ltd.

Court : Kerala

Subject : Company

Acts : Companies Act, 1956 - Sections 10F, 397, 398, 402 and 634A; Companies (Amendment) Act, 1988; Companies (Amendment) Act, 2002; Companies (Court) Rules, 1959 - Rule 9; Code of Civil Procedure (CPC)

Reported in : [2008]142CompCas533(Ker); [2007]79SCL289(Ker)

for gain:Provided that the provisions of this section shall not apply on and after the commencement of the Companies (Second Amendment) Act, 2002.Section 634A has conferred power on the Company Law Board to enforce its orders. Section 634A says that … decision of the Madras High Court in Kuki Leather (P.) Ltd. v. TNK Govindaraju Chettiar & Co. [2002] 110 Comp. Cas. 474 : 39 SCL 1. That was a case where the petitioner was seeking an order

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

Court : Supreme Court of India

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 … any proprietary technology and is outsourced 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 terms of Section 8 is an … to be eligible for government subsidies and social safety net programmes. The second error arises because of the inability to cross-verify lists of eligible persons … biometric accuracy is 99.76%. It was, however, submitted that where more than 110 crores of persons have enrolled themselves, even 0.232% failure would be a