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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 … 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 transfer of

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 … use to the Central Vista Transfer Case (C) No.229 of 2020 Page 118 of 179 Committee. The list of members attending the meeting is at … 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

Tata Consultancy Services Limited Vs. Cyrus Investments Pvt Ltd

Court : Supreme Court of India

Subject : MRTP

of CPM as the Executive Chairman of Tata Sons Limited and consequently as a Director of the Tata Companies for the rest of the tenure; (iii) declaring as illegal the appointment of someone else in the place … least 10% of the issued share capital of Tata Sons. By the second order dated 17.04.2017, NCLT rejected the application for grant of waiver filed … Committee, is completely amiss; 69 (viii) NCLAT failed to appreciate in the right perspective, the effects of the Amendment Act 53 of 2000 on a ‘deemed to be a public company’ under Section 43A and the provisions of … made a Party 36 and the transaction happened somewhere in the year 2002, but the allegation is raised in the year 2016. (ii) As to … Association, particularly Articles 121, 121A, 86, 104B and 118, to enable the trusts and its nominee Directors

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 … of 2015); (xxiii) Section 62 and 182 of Insolvency and Bankruptcy Code, 2016 (31 of 2016); and (xxiv) Section 118 of the Central Goods and Services Tax Act, 2017 (12 of 2017).205. Such statutory appeals take away the

Gujarat Urja Vikas Nigam Limited Vs. Amit Gupta

Court : Supreme Court of India

Subject : Land Acquisition

Courts.4. It is stated that the recommendations of the Eradi Committee were accepted by the Government and Company (Second Amendment) Act, 2002 was passed providing for establishment of NCLT and NCLAT to take-over the functions which are being performed by … provides that the State Commission shall discharge the function of adjudicating ―the disputes between the licensees, and generating companies and to refer any dispute for arbitration‖. Therefore, any issue in relation to the PPA must be raised … this decision may have been appeal in Republic of Korea. J.2.8 Canada 118 Legislatively, in Canada, Sections 65.1102, 66.34103 and 84.2104 of the Bankruptcy & … JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into sections to facilitate analysis. They are: A The appeal B The genesis of

Carrara Marbles and Granite Industries Vs. Simplex Enterprises

Court : Delhi

Subject : MRTP

15 days, as the case relates to the period prior to the amendment of the NI Act in 2002. She submits that the return memos … dated 23.04.1998, whereas the return memo is dated 03.04.1998. Thus, the notice was held to be time barred. Secondly, the Ld. MM concluded that the transactions were bogus, as the complainant did not produce any evidence “ … for the appellant/complainant has submitted that the respondent/accused has not been able to rebut the presumption raised by Section 118(a) in Section 139 of the NI Act. He submits that the accused did not even step into the

State Of U.p. . Vs. M/s. Lalta Prasad Vaish And Sons

Court : Supreme Court of India

Subject : Land Acquisition

In the State of Bihar vs. Industrial Corporation (P) Ltd., (2003) 11 SCC465(“Industrial Corporation (P) Ltd.”), the respondent companies were engaged in the manufacture of rectified spirit from molasses allotted to them by the Controller of Molasses … the appellant therein, who had composite and multiple licences to manufacture potable liquor, was outside the sweep of second part of Rule 9 of the aforesaid Rules. That to such distilleries the first part of the Rule … State of Andhra Pradesh had prohibited the manufacture of liquor by an amendment in the Andhra Pradesh Prohibition Act, 1995. The appellants therein who were … denuded of its power to enact the Kerala Finance Act 7 of 2002. 18.7 Thus, when the State of Kerala intended to amend the State … Union. Civil Appeal No.151 of 2007 Etc. Page 118 of 24111.4 However, the sum and substance of … be committing an offence which is punishable under Section 49 of the aforesaid Act. Therefore, it was

Celir Llp Vs. Bafna Motors (mumbai) Pvt. Ltd.

Court : Supreme Court of India

Subject : Land Acquisition

33 of 111 accordance with the provisions of section 529A of the Companies Act, 1956 (1 of 1956): Provided further that in the case of … with the Joint Sub Registrar, Thane 8 having registration No.19283/2023, whereby the second charge that the Tata Motors Finance Solutions Limited had on the second … later on 1st September, 2016, the Enforcement of Security Interest and Recovery of Debt Laws and Miscellaneous Provisions (Amendment) Act, 2016 (“2016 Amendment”) was enacted which inter-alia amended sub-section 8 of Section 13 of the SARFAESI Act, and … demand notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short, ‘the SARFAESI Act’) for repayment of the principal amount along with interest, cost, charges, etc. As … of redemption will be extinguished. xxx xxx xxx 118. It is further relevant to note that this

Commissioner of Income Tax Delhi-Xi and Another Vs. Indian National Co ...

Court : Delhi

Subject : Direct Taxation

Section 13A of the Act. Referring to Section 29B of the RP Act and Section 293A of the Companies Act 1956, he submitted that a wider meaning has to be given to the expression voluntary contributions . … exemption from income tax remains the same. To strengthen the provision, the second proviso was added to make it mandatory for a political party to … of income in terms of Section 139 (4B) of the Act which was introduced by the Taxation Laws (Amendment) Act, 1978 with effect from 1st April 1979. This was simultaneous with the insertion of Section 13A of the … on remand 44. Initially when these appeals were heard on 3rd January 2002, certain questions of law were framed by the Court both in the … Harprasad and Company Private Limited (1975) 99 ITR 118 (SC) and Parimisetti Seetharamamma v. Commissioner of Income

State of Uttaranchal Vs. M/S. Kumaon Stone Crusher

Court : Supreme Court of India

Subject : Right to Information

by this Court in State of U.P. vs. Sitapur Packing Wood Suppliers, 2002 (4) SCC 566. The Court upheld the 2004 Amendment. The High Court … writ petitions filed by the different writ petitioners for quashing the levy of transit fee were allowed. The second group of appeals consists of appeals filed by the State of U.P. challenging the judgment of Allahabad High … say differently, incidental encroachment is not altogether forbidden. 118. In A.S. Krishna and others vs. State of … occasion to consider a pre­constitutional law, i.e., Travancore­Cochin High Court Act in the context of Code of Civil Procedure(Amendment) Act, 1976. In the above case an earlier judgment of this Court, namely, Kulwant Kaur and 79 others vs. … of Madhya Pradesh is in question. 3. In exercise of power under Section 41 of Indian Forest Act , 1927 (hereinafter referred to as “1927