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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 … 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 securities

Transcore Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Banking

Acts : Debts Recovery Tribunals Act, 1993 - Sections 2, 3(1), 17, 19, 19(1), 19(6), 19(7), 19(8), 19(12), 19(13), 19(18), 19(19), 19(25), 20, 21, 24, 25, 28 and 29; Debts Recovery Tribunals (Amendment) Act, 2004 - Sections 5A, 13(3A) and 17(1); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 5, 5A, 6, 9, 10, 11, 12, 13, 13(1), 13(2), 13(3), 13(3A), 13(4), 13(4A), 13(6), 13(7), 13(8), 13(9), 13(10), 13(11), 13(13), 14, 17, 17(1), 17(2), 17(3), 17(4), 18, 18(1), 22, 31, 35, 36, 37, 40 and 40(1); Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Transfer of Property Act, 1882 - Sections 69 and 69A; State Financial Corporations Act, 1951 - Sections 29 and 31; Limitation Act, 1963; Companies

Reported in : AIR2007SC712; 2007(1)ALD109(SC); I(2007)BC33(SC); [2007]135CompCas1(SC); (2007)1CompLJ1(SC); 2006(5)CTC753; 135(2006)DLT151(SC); (2007)1MLJ929(SC); 2006(12)SCALE585; (2008)

an additional Act. The NPA Act is made in addition to the Companies Act, 1956, the SEBI Act, 1992, the DRT Act, 1993 as well … the DRT under the said proviso. According to the learned Counsel, the second proviso to Section 19(1) inter alia states that, the application made by … were not repealed by the Indian Income-tax Act but by the Taxation Laws (Extension to Merged States and Amendment) Act 67 of 1949. Owing to this, the depreciation actually allowed under the laws of the merged States could … sub-section (1) of section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 shall be mutatis mutandis as provided for filing of an application to the Debts Recovery Tribunal under Rule … Even according to Snell's Equity (Thirty-first Edition, page 119), the doctrine of election of remedies is applicable

Shri Chandreshwar Bhuthanath Devastan of Paroda by Its Special Attorne ...

Court : Mumbai

Subject : Civil

Reported in : (2003)105BOMLR915

100A of the Code of Civil Procedure, 1908, which has been amended by the Code of Civil Procedure (Amendment) Act, 2002 will be prospective in operation or retrospective in operation. The aforesaid Amendment was brought into force on 1st … decisions cited above the following principles clearly emerge:(i) That the legal pursuit of a remedy, suit, appeal and second appeal are really but steps in a series of proceedings all connected by an intrinsic unity and are … learned Advocate General to assist us on the issue as to whether Section 100A of the Code of Civil Procedure, 1908, which has been amended

Novartis AG Vs Venkata Narayana Active Ingredients Pvt Ltd

Court : Chennai

to the provisions of this Act, the term of every patent granted, after the commencement of the Patents (Amendment) Act, 2002 (38 of 2002), and the term of every patent which has not expired and has not ceased to … the answers to questions 12 to 14 and 31 to 58 regarding supplies made by the defendant to companies in Egypt. Referring to the Advocate Commissioner’s reports (Exs.P11 and P20), he pointed out that the defendant had … that the above mentioned products are best selling pharmaceutical products of the second plaintiff, which is a subsidiary of the first plaintiff and the user … paragraphs 88, 93, 96,100, 102,103, 107, 111 and 119 thereof. He also relied on the judgment of … VII Rules 1 and 2 of CPC read with Proviso 1 to Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of

Haryana Financial Corporation Vs. Dev Papers P. Ltd. (In Liquidation) ...

Court : Punjab and Haryana

Subject : Company

Reported in : [2009]150CompCas399(P& H)

misconceived. The present proceedings for winding up have not been initiated under Part VI-A as inserted by the Companies (Second Amendment) Act, 2002, which deals with the revival and rehabilitation of sick industrial companies and thus, the provisions of Section 424G … apex court in the case of Harihar Nath v. State Bank of India : [2006] 131 Comp Cas 119 : [2006] 143 PLR 638, wherein the hon'ble Supreme Court while interpreting the provisions of Section 446 made

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

8 of the Suppression Of Unlawful Acts Against Safety Of Maritime Navigation and Fixed Platforms On Continental Shelf Act, 2002; Section 212 of the Companies Act, 2013; and Section 12 of the Anti-Hijacking Act, 2016. State Legislations:- Section 19 … the person charged with the offence of money-laundering under Section 3. The second part [Clause (b)]. concerns any other person. Taking the second part first, … (No.2) Act, 2019. To begin with, Clause (a) in sub-section (1) of Section 44, as existed prior to amendment Act 2 of 2013, stood thus: “44. Offences triable by Special Courts.-(1) Notwithstanding anything contained in the Code of … but also by producing documents or making intelligible gestures as in the case of a dumb witness (See section 119 of the Evidence Act) or the like. “To be a witness” is nothing more than “to furnish evidence”,

Kisan Discretionary Family Trust Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2008)113TTJ(Ahd.)918

that pursuant to the impugned order of Tribunal if any claim is made by each of the payer companies in any of the subsequent years on the basis of proportionate payment in accordance with the order of … that there was no provision in the IT Act, 1961 allowing an amendment in the return without a revised return. The Tribunal as well as … (2004) 82 TTJ (Panaji) 869 where Tribunal held as under: Law is trite that a circular, even under Section 119, cannot be thrust upon the assessee. The assessee can derive advantage from a circular but it does not … against which these charges have been claimed does not require such expenditure. Secondly the income from other sources which has been offered by the assessee … made.2.3 The return of income for asst. yr. 2002-03 accompanied with audited accounts was furnished on 9th

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 … 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 … 103 of the InsO. Hence, any contractual provision excluding or limiting this right is invalid in accordance with Section 119 of the InsO. Therefore, this would be obstructed if the contractual partner of the insolvent debtor, just because

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

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 … The said part of the notification dated 20.03.2020 is as under: “S.O. 1192(E).-Whereas, certain modifications which the Central Government proposed to make in the Master