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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 … in sections 55 to 58, 59 to 81, (including Sections 68A, 77A and 80A)108, 109, 110, 112, 113, 116, 117, 118, 119, 120, 121, 122, 206, 206A and 207, so far as they relate to issue and

Masusmi Sa Investment Llc Vs. Keystone Realtors Pvt. Ltd. and Others

Court : Mumbai

Subject : Arbitration

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 sixty days from the date of communication of the … by a common order. FACTS IN COMPANY APPEAL (L) NO. 47 OF 2012: 2. By this appeal under section 10F of the Companies Act, 1956, the appellant challenges the order dated 12th October, 2012 passed by the … application under section 8 of the Arbitration Act, 1996 (Company Application No. 116 and 120 of 2012) before the CLB relying upon clause 20.4 of

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 … Judge or a Larger Bench under 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 could, without affecting the jurisdiction of … 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 … to the High Courts not being the court of a Judicial Commissioner 116. Part to apply only to certain High Courts :- This Part applies

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 … R.V.Kinsington Income Tax Commissioners (1917) 1 KB 486: 86b LJ KB 257: 116 LT 136, in the following words:It has been for many years the

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Subject : Environment

Acts : Aircrafts Act; Bombay Municipal Corporation Act 1888 - Sections 354A; Bombay Town Planning Act, 1954 - Sections 3(1), 4(1), 9 and 10(1); Cantonment Act, 1910; Code of Civil Procedure (CPC) - Order 5; Constitution (42nd Amendment) Act, 1976 - Sections 57; Constitution of India - Articles 14, 21, 48A, 51A, 141, 226, 227, 245, 246, 246(1), 300A and 372(1); Development Control Regulations, 1991;Evidence Act - Sections 114; Forest Act, 1865 - Sections 34A and 38; Forest Act, 1878; Forest Conservation Act, 1980; Government of India Act 1935; Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945; Indian Forest Act, 1927 - Sections 1, 2, 2A, 3 to 26, 34., 34A, 35, 35(1), 35(3), 35(4), 36, 36A, 36B, 36C, 37 and 38; Land Acquisition Act, 1894 - Sections 11A; Limitat

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

list' (List III). Entry 17A reads thus:'Entry 17A:- (F) Forest' This has been inserted by the Constitution (Forty Second Amendment) Act, 1976, Section 57 ( with effect from 3rd January, 1977). The net result of this is that by … of the villages stipulated therein. A reference is made to this Court's order in PIL No. 17 of 2002 and it is stated that the area which has been stipulated in the notice against the village and … must see both enactments, namely, 1927 Act and the Private Forest Act. 116. Indian Forest Act 1927 has been promulgated on 21st September, 1927. It

Rci Power Limited Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Subject : Electricity

Acts : Constitution of India - Article 226; Andhra Pradesh Electricity Reforms Act, 1998 - Sections 11, 11(1), 12, 12(3), 15(4), 26, 26(5), 54(2), 56(2) and 56(3); Electricity Regulatory Commission Act, 1998 - Sections 22, 22(1) and 29; Transfer Scheme Rules

Reported in : AIR2004AP60; 2003(3)ALD762

the licensee, out of 61 power generating plants (both Mini Power Plants and non-conventional energy developers) 41 Generating Companies entered into agreements with the Board before the Reforms Act came into force and 20 Generating Companies entered … is any hostile discrimination. That is a different 'cup of tea' altogether.The second observation we wish to make is, legislative action, plenary or subordinate, is … 1973 and the Code of Criminal Procedure, as well as the Prevention of Corruption Act and Criminal Law Amendment Act, having surveyed the case law, the Supreme Court enunciated the principles as follows:84. So far as the Concurrent … Swamy, J. 1. Petitioners in Writ Petition Nos. 4770 and 4771 of 2002 are the appellants in CMA Nos. 1351 and 1356 of 2001. These … Andhra Pradesh following suit issued G.O. Ms. No. 116, Energy (Power-I) Department for the first time on … the supply and use of electrical energy.18. Under Section 3 of the Act, the State Government is

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 … supposed to make their submissions. Transfer Case (C) No.229 of 2020 Page 116 of 17958. In the present case, there is violation of the Section … 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

A.P. State Co-operative Societies, Secretaries and Employees Union Vs. ...

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Andhra Pradesh Co-operative Societies Act, 1964 - Sections 60, 116C and 116C(1); Andhra Pradesh Co-operative Societies (Amendment) Act, 2001; Andhra Pradesh Co-operative Societies Rules - Rule 28(4); Constitution of India - Articles 136 and 141

Reported in : 2003(1)ALD197

direction to the respondents not to apply in any manner the provisions of the Andhra Pradesh Co-operative Societies Second Amendment Act, 2001 (Act 22 of 2001) (for short 'Amended Act') to the actions already taken prior to the Amended … petitioners, against the said judgment, they preferred SLP (Civil) No. 250-251 of 2002 before the Supreme Court and the same was dismissed at the admission … Paid Secretaries are appointed under Half a Million Job Scheme and governed by the statutory regulations made under Section 116-A of the A.P. Co-operative Societies Act and it is stated that they are statutory employees. In pursuance of

Government of National Capital Territory of Delhi and Others Vs. Union ...

Court : Delhi

Subject : Education

read with Delhi Electricity Reforms (Transfer Scheme) Rules, 2001 appointing the Nominee Directors on Board of Electricity Distribution Companies without placing before the Lieutenant Governor for his views/concurrence.5.W.P.(C) No.8382/2015M.A. Usmani vs. UOI and AnrNotification dated 11.08.2015 issued … comprises the territories of the States that forms the Union and the second part of the First Schedule comprises the Union Territories . Delhi is … the First Schedule; and (c) such other Territories as may be acquired. 41. Prior to the Constitution (Seventh Amendment) Act, 1956 the States which formed the Union of India were classified into four categories and enumerated in Parts … enacting Articles 29 and 30 of the Constitution. 116. For the aforesaid reasons, we are of the … Ors.Policy Directions dated 12.06.2015 issued by the Department of Power, GNCTD under Section 108 of Electricity Act, 2003 without placing before the Lieutenant Governor for

District of Columbia Vs. Heller

Court : US Supreme Court

Subject : Land Acquisition

a handgun he wished to keep at home, but the District refused. He filed this suit seeking, on Second Amendment grounds, to enjoin the city from enforcing the bar on handgun registration, the licensing requirement insofar as it … founding-era sources. See, e.g. , Webster (“The militia of a country are the able bodied men organized into companies, regiments and brigades … and required by law to attend military exercises on certain days only, but at … Essential Antifederalist 251, 253 (W. Allen & G. Lloyd eds., 2d ed. 2002). Moreover, the other instances of “state” in the Constitution are typically accompanied … 542 , 553, nor Presser v. Illinois , 116 U. S. 252 , 264-265, refutes the individual-rights … of the operative clause. The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal … the Freedmen’s Bureau Act on July 16, 1866. Section 14 stated: “[T]he right … to have full