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Duroflex Ltd. Vs. Johnny Mathew

Court : Kerala

Subject : Company

Acts : Companies Act - Sections 10, 10E(1), (1A), (4B) to (4D), 10F, 18, 111, 111(1), 111(2), 111(3), 111(4), 111(5), 111(7), 111(10), 113(4), 155 and 155(1); Limitation Act, 1963 - Sections 3, 4 to 24, 29(2) and 137 - Article 137; Maharashtra Rent Control Act - Sections 18; Telangana Area Tenancy and Agricultural Lands Act; Kerala Private Forests (Vesting and Assignment) Act, 1971 - Sections 8A; Kerala Buildings (Lease and Rent Control) Act, 1965; Companies (Amendment) Act, 1988; Companies (Second Amendment) Act, 2002; Securities Act, 1992; Special Court Act - Sections 9A; Code of Criminal Procedure (CrPC) , 1973 - Sections 195 and 196; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Code of Civil Procedure (CPC) , 1908 - Order 21

Reported in : (2008)2CompLJ314(Ker); [2007]75SCL569(Ker)

exercise and discharge such powers and functions as may be conferred on it before the commencement of the Companies (Second Amendment) Act, 2002 by or under this Act or any other law, and shall also exercise and discharge such other powers … An application (appeal) was filed by the first respondent before the Company Law Board, South Region Bench under Section 111(2) of the Companies Act (for short 'the Act') as the company refused to register the transaction of … is not maintainable it can be treated as an application under Section 113(4)for which no time-limit is prescribed. In Citi Bank NA case (supra), it

New Bridge Holdings B.V. Vs. Ttk-lig Limited and ors.

Court : Chennai

Subject : Criminal

Acts : Companies Act - Section 406; Contempt of Courts Act, 1971 - Section 10; Land Revenue Act - Section 40; Constitution of India - Article 227; Code of Criminal Procedure (CrPC) - Section 195(1)(b); Code of Civil Procedure (CPC) - Order 39 Rule 2(3)

gain. [Provided that the provisions of this section shall not apply on and after the commencement of the Companies (Second Amendment) Act, 2002.]” 11. Section 10 of the Contempt of Courts Act, 1971 confers a power on the High Court to

S. Pattabhiraman Vs. Registrar of Companies

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 5, 43A, 159, 160, 161, 162, 166, 167, 167(1), 168, 169, 220, 220(1), 220(2), 220(3), 222, 397, 398, 610, 621A(1), 633, 633(1) and 633(2); Companies (Second Amendment) Act, 2002

Reported in : [2009]148CompCas705(Mad); [2009]96SCL305(Mad)

a mandatory duty cast on every company. Under Section 167 of the Companies Act, as amended by the Companies (Second Amendment) Act, 2002 See [2003] 113 Comp Cas 201, the Central Government on the application of any of the members of

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 … and low of Rs. the closing prices of shares of the Target 113.62 Company on BSE during the 26 weeksperiod preceding the date of public

S. Kanthimathy, S. Lakshmi, S. Vs. the Woodlands Estates Limited and

Court : Company Law Board CLB

Subject : Land Acquisition

Reported in : (2008)144CompCas830

10/2005) is filed under Section 111A read with Section 111 of the Companies Act. 1956 ("the Act") - (i) to rectify the register of members … 4. 6 & 10 to 1 3 in the place of the second respondent; and (b) 9081 shares of TWEE acquired by (late) S. Sivaramakrishna … proviso to Sub-section (2). The proviso of Sub-section (2) came to be introduced by the Depositories Related Law Amendment Act, 1997 with effect from 15.01.1997, thereby a remedy is conferred on the shareholder, where the company refuses to … By virtue of Section 36 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. 2002. the provisions of Limitation Act are applicable to the Debts Recovery Tribunal, whereas there is no such specific … limitation. The first division covering Article 1 to 113 deals with the limitation for a suit. The

Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...

Court : Chennai

Subject : 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 … 17 28 ==================================================================”233. 2”57. 26 124 ==================================================================”370. 1”19. 61 272 ==================================================================”413. ”2. 113 295 ==================================================================”201. - - ”177. =================================================================== Total 3,06”264. 74”1. 062 =================================================================== 27.

State of Assam and ors. Vs. Chhotabhai Jethabhai Patel Tobacco Product ...

Court : Guwahati

Subject : Sales Tax/VAT

May 12, 2005, on publication in the official gazette, which, however, was replaced by the Assam Entry Tax (Second Amendment) Act (in short, 'the Second Amendment Act') giving the effect from May 12, 2005, i.e., the date on which … added to Section 3(2) of the Act. The said Act was further amended by the Assam Entry Tax (Amendment) Act, 2002, which came into effect from May 9, 2002, amending the definition of 'motor vehicle' under Section 2(1)(f), 'purchase … the notice of the Government that many bulk consumers such as tea companies, oil companies, etc., take recourse to inter-State purchase of several items required

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2007)288ITR226(Hyd.)

belonging to" a member-society. Immediately thereafter, in 1999 the provisions of Section 80P(2)(a)(iii) were amended by the Income-tax (Second Amendment) Act, 1998 (No. 11 of 1999) with retrospective effect from April 1, 1968, by substituting Sub-clause (iii) to read … issue in this appeal is whether the levy of surcharge in terms of the provisions of the Finance Act, 2002, is valid in a block assessment made under Section 158BC of the Income-tax Act. The tax has to … to be charged in a block assessment in terms of Section 159BA(2) of the Income-tax Act read with Section 113 of the said Act. .1. The undisclosed income of the Block Period is charged to tax at the … Acts of 1996 to 1998 provide for levy of surcharge on non-domestic companies.8.5. Furthermore, it is one of the elementary rules of interpretation that there

Commr.of Income Tax-i,new Delhi Vs. Vatika Township P.Ltd.

Court : Supreme Court of India

Subject : Land Acquisition

thereof. However, initially, this surcharge was levied only on the income of companies i.e. corporate entities incorporated under the Indian Companies Act by specified surcharge … assessment under Chapter XIV-B and accordingly surcharge was leviable.23. Adverting to the second question formulated by the Bench, namely, whether insertion of the proviso in … may note that under certain circumstances, a particular amendment can be treated as clarificatory or declaratory in … Income Tax Act (hereinafter referred to as 'the Act') which was inserted in that Section by the Finance Act, 2002 is to operate prospectively or is clarificatory and curative in nature and, therefore, has retrospective operation. The Background … assessees, the question of law which has fallen for consideration is as to whether the proviso appended to Section 113 of the Income Tax Act (hereinafter referred to as 'the Act') which was inserted in that Section by

K.l. Swamy Vs. The Commissioner Of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

search was made. It is submitted that even bereft of clarificatory amendment brought in vide Finance :18. : Act, 2002, Section 158BD provided that provision of Chapter­XIV­B of the Act would apply accordingly and therefore the provision of Section … arise out of search conducted on 13.02.1997 in the Khoday Group of companies. All appeals raised one common question regarding the levy of interest under … by its nature which prescribes the taxable event attracting the levy, the second is a clear indication of the person on whom the levy is … for belatedly filing the return of income for the block period and also the levy of surcharge under Section 113 of the Income Tax Act.3. For the sake of convenience Civil Appeal No.3706 of 2012 arising out of