Advanced Search Results

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 … etc., a projection of which is given below:Particulars Nature of OFCDs Abode Bond Real Estate Bond Nirmaan BondTenure 120 months 60 months 48 monthsFace Value Rs.5,000/- Rs.12,000/- Rs.5,000/-Redemption Value Rs.15,530/- Rs.15,254/- Rs.7,728/-Early Redemption After 60 months NIL

Smt. Hetal Alpesh Muchhala Vs. Adityesh Educational Institute and ors.

Court : Mumbai

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 33, 34 and 34(3); Central Excise Act, 1944 - Sections 35 and 35(1); Companies Act, 1956 - Sections 10E, 10E(4C), 10E(4D), 10F, 397 and 398; Companies (Amendment) Act, 1963; Companies (Amendment) Act, 1974; Companies (Amendment) Act, 1988; Companies (Second Amendment) Act, 2002; Code of Civil Procedure (CPC) , 1908; Income-tax Act, 1961 - Sections 252; Evidence Act; Limitation Act, 1963 - Sections 3, 4 to 24, 29 and 29(2)

Reported in : [2009]152CompCas75(Bom)

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 … company application, the applicant/appellant seeks condonation of delay of 105 days in lodging the company appeal filed under Section 10F of the Companies Act, 1956. The question which arises for determination in this application is whether the … invoke Section 5 of the Limitation Act for preferring an appeal beyond 120 days.4. Mr. Shailesh Shah, learned advocate appearing for the applicant has submitted

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 … section 8 of the Arbitration Act, 1996 (Company Application No. 116 and 120 of 2012) before the CLB relying upon clause 20.4 of the agreement,

P.Kumar Vs. Secretary to Government

Court : Chennai

Subject : Education

for the petitioner would submit that Chapter IV A of the Companies Act was introduced by means of Companies (Second Amendment) Act, 2002. He would further submit that as per the said amendment, in the place of ".Company Law Board"., ".Tribunal". … Government Arts College, Nandanam. This Court had the benefit of hearing them also. According to them, as per Section 388-E of the Act, which was introduced by means of Companies (Second Amendment) Act, 2002, the ".Tribunal". alone … answers in Commerce subject. The petitioner challenges key answers to Question Nos. 120 and 131 in ".A". Series.24. It is brought to my notice by

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 … rules, the provisions of this Code shall apply to such High Courts. 120. Provisions not applicable to High Court in original civil jurisdiction :- (1)

Pannalal Bhansali versus Bharti Telecom Limited & Ors.

Court : Supreme Court of India

Reported in : [2026] 3 S.C.R. 493

running foul of the mandate declared in 2010-MBA3. The Constitution Bench in 2010-MBA3 considered the challenge against the Companies (Second Amendment) Act, 2002, constituting the NCLT & NCLAT; pointedly for our purpose, with reference to Section 10-FL insofar as the constitution … Members and one Judicial Member. Reliance is placed on Union of India v. Madras Bar Association3 (2010-MBA) (paragraph 120 (xii)) to contend that a Constitution Bench of this Court deprecated the practice of a majority of Technical

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 … on May 15, 2007. There is further delay of 53 days beyond 120 days prescribed under Section 10F of the Act. It is admitted case … 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

Madras Bar Association Vs. Union of India and Anr.

Court : Supreme Court of India

Subject : Company

in Parts 1B and 1C of the Companies Act, 1956 (hereinafter referred to as the 'Act, 1956') by Companies (Second Amendment) Act, 2002. Writ petition, in this behalf, was filed by the petitioner in the High Court of Madras which culminated … in these provisions. These defects were listed by the Court in para 120 of the judgment which reads as under:“120. We may tabulate the corrections … defects in various provisions of Part 1B and Part 1C of the Act, 1956 and, in particular, in Sections 10FD(3)(f)(g)(h), 10FE, 10FF, 10FL(2), 10FR(3), 10FT. Declaring that those provisions as existed offended the basic Constitutional scheme of

M/S. Klen and Marshalls Manufacturers and Exporters Lt Vs. Union of In ...

Court : Delhi

Subject : Land Acquisition

as the RBI was concerned, by a Gazette Notification dated 27.04.1996, an amendment was made to the Second Schedule to the RBI Act, 1934 whereby, … Representatives / Employees / Officials etc. including Respondent no.4 and 5 under Sections 628 and 629 of the Companies Act, 1956; and (a). Pass any or other order(s) as this Honble Court deems fit and proper in … It may be noted, however, at the outset that this is a second round of litigation in this court and a fresh attempt made at … Criminal Procedure, 1973 (in short Cr.PC), for initiation of criminal proceedings after due investigation, under the provisions of section 120 (B), 465, 466, 468, 471 and 477-A of the Indian Penal Code, 1860 (in short IPC).24. The Magistrate,

S. Haridas Vs. Official Liquidator, High Court of A.P. and ors.

Court : Andhra Pradesh

Subject : Company

Acts : Companies Act, 1956 - Sections 454, 454(1), 454(5), 454(5A), 483 and 483(1); Companies (Second Amendment) Act, 2002; Government of India Act - Sections 107 and 108; Code of Criminal Procedure (CrPC) - Sections 374(1)

Reported in : [2006]133CompCas34(AP); [2007]78SCL145(AP)

reproduce Section 483 of the Act:Appeals from any order made, or decision given before the commencement of the Companies (Second Amendment) Act, 2002 in the matter of the winding up of a company by the court shall lie to the same … Full Bench judgment also from the Kerala High Court reported in P. George Philip v. Official Liquidator [2004] 120 Comp Cas 444 : [2004] 4 Comp LJ 193. In this judgment also, the court analysed the provisions