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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

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 … Section 220(3) of the Act.27. The Calcutta High Court in Tapan Kumar Chowdhury v. Registrar of Companies [2003] 114 Comp Cas 631, has laid down the principles governing the exercise of powers of the court under Section

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 … Bench of the Company Law Board, New Delhi, in C. P. No. 114 of 2006 and C. A. No. 428 of 2006, has been questioned … 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

Bikana Foods Pvt. Ltd. Vs. Bikanerwala Foods Pvt. Ltd. and ors.

Court : Delhi

Subject : CivilIntellectual Property Rights

Acts : Code of Civil Procedure (CPC) - Sections 114, 151 and 153 - Order 23, Rule 3; Code of Civil Procedure (CPC) (Amendment) Act, 1976

Reported in : 114(2004)DLT389; 2004(77)DRJ426; 2004(29)PTC414(Del)

Matched in: Citation 114(2004)DLT389; 2004(77)DRJ426; 2004(29)PTC414(Del)

Mrs. Tahera Yousuf Kadri W/O Yousuf Shah Kadri and Dr. (Mrs.) Qudsia S ...

Court : Andhra Pradesh

Subject : Property

Acts : Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 - Sections 6(1), 8(1), 9, 10(1), 11, 14, 14(1) and 14(6); Urban Land (Ceiling and Regulation) Act, 1976 - Sections 4, 4(1), 6, 6(1), 6(2), 8, 9, 16, 17(2) and 26; Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950; Evidence Act - Sections 114; Muslim Law; Constitution of India - Articles 14, 32, 46, 136, 142, 226 and 300A; Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Rules - Rules 7(1), 7(4), 8, 8(1), 8(2), 8(3) to 8(7), 12, 12(1), 12(2) and 16(9); Urban Land (Ceiling and Regulation) Rules, 1976 - Rules 3 and 4; Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Ordinance, 2008; Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) (Amendment) Act

Reported in : 2009(1)ALT708

Kowkur and Bachupalli from reputed developers/firms/consortium on 22.05.2007, and pursuant to the same, they received proposal from various companies, including respondent No. 6 through an evaluation process done by CRISIL Infrastructure Advisory. Thereafter, vide letter dated 24.08.2007, … Begum on 30.10.1990. In the Deed of Family Settlement, the First and Second Parties have stated that her mother, namely Rabia Begum, who was the … on 26.08.2008. He has also filed copies of the said Ordinance and amendment. The newly incorporate Clause (iii) empowers the government to utilize/sell such lands … with the matter in relation to the proceedings under the Land Reforms Act, and performed certain acts. Under Section 114 of the Evidence Act, the Court may presume the existence of any fact, which it thinks likely to

Laxminivas Agarwal Vs. Andhra Semi Conductors Pvt. Ltd. and ors.

Court : Andhra Pradesh

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 87, 118, 138 and 139; Evidence Act - Sections 114; Code of Criminal Procedure (CrPC) - Sections 251 and 313

Reported in : 2006CriLJ2643

not return the deposited amount and that after persuasion the accused issued three cheques one for Rs. 1,90,000/-, second for Rs. 1,10,000/- and third cheque for Rs. 1,30,000/- drawn on Dena Bank, Bank Street in his favour. … the malignant trade practice of indiscriminately issuing cheques without sufficient funds. The amendment is introduced with a view to curb instances of issuing such cheques … is not proper.(2) In I.C.D.S. Ltd. v. Beemna Shabeer and Anr. AIR 2002 SC 3014 : 2002 Cri LJ 3935 wherein the Apex Court held … Division Bench of Kerala High Court considered the Sections 87 and 118(b) of the Negotiable Instruments Act and Section 114 of the Indian Evidence Act and held as follows:When a cheque is issued for valid consideration, with no

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

Indra Vs. B.G. Giri

Court : Chennai

Subject : Education

with the appellant since she is from a poor family and in the society to which she belongs second marriage is not permissible. Statement of DW3 Manoj Deshmukh, brother of the respondent also indicates that the behaviour … a neighbour's son. Subsequently the husband sought to withdraw those allegations by amendment of the written statement. The amendments were allowed and were actually carried … the Hon'ble Supreme Court Savitri Pandey V. Prem Chandra Pandey reported inAIR 2002 SC 591, wherein at paragraphs 18 to 20 it is observed and … the Appellant, the trial Court had failed to appreciate that mere assumption of an 'existence of facts' under Section 114 of the Indian Evidence Act, 1872 could not be equated to the proof of the same in terms

Rajeev Suri Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

particularly on two grounds - (i) violation of the constitution; and (ii) violation of the enabling act. The second ground includes not only cases of violation of substantive provisions of the enabling act but also cases of … administrative orders or executive instructions without any statutory backing.14. It has been argued before us that formulation or amendment/ modification of a city’s Master Plan is not an administrative but a legislative exercise. Relying on the decisions … Authority of India and Others,20the dictum in Cynamide India Ltd. was followed. Section 11(4) of the Telecom Regulatory Authority of India Act, 1997, it was … rules while enacting delegated legislation. Transfer Case (C) No.229 of 2020 Page 114 of 179 Elected executive certainly has constitutional and people’s mandate to choose,

India Farmers Private Ltd. Vs. State of Maharashtra and anr.

Court : Mumbai

Subject : CivilProperty

Acts : Maharashtra Land Revenue Code, 1966 - Sections 257

Reported in : 2004(3)ALLMR790; 2004(5)BomCR231; 2004(3)MhLj112

cause notice came to be issued by the Collector on 19th March, 2002 calling upon the petitioners to show cause why the lease granted in … reclamation lease in respect of lands admeasuring about 114 Acres, 18 Gunthas and 4 Annas situated at … not use the lands sanctioned to them by the Government for the purpose for which it was sanctioned. Secondly, the Additional Commissioner erroneously assumed wrong date as the commencement of lease period. Thirdly, the Additional Commissioner did … Minister (Revenue) on 18th May, 1998. In the circumstances, the petitioners with the liberty granted by this Court amended the writ petition so as to challenge the order passed by the Minister dated 18th May, 1998. When … the order passed by the Additional Commissioner should not be cancelled. The action of the State Government was based on the report submitted by the … of the State Government that the order under Section 257 of the Maharashtra Land Revenue Code has