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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 … 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 and non-payment

National Securities Depository Ltd. Vs. Securities and Exchange Board ...

Court : Supreme Court of India

Subject : Land Acquisition

aggrieved,- (a) by an order of the Board made, on and after the commencement of the Securities Laws (Second Amendment) Act, 1999, under this Act, or the rules or regulations made thereunder; or (b) by an order made by … and the manner in which such matters shall be disclosed by the companies under section 11A; (ca) the utilisation of the amount credited under sub-section … by way of appeal before the Appellate Tribunal for Electricity under Section 111 of the said Act. (iv) Section 121 of the 2003 Act does not confer power of judicial review on the Appellate Tribunal. The words “orders”,

Aligarh Muslim University versus Naresh Agarwal & Ors.

Court : Supreme Court of India

Subject : Land Acquisition

Reported in : [2024]11S.C.R.1647

must point towards one member of the minority or a group from the community. [Para 135] 3.2. The second indicia is the purpose for which the educational institution was established - Though it is not necessary that … Studies - referred to. List of Acts Constitution of India; Aligarh Muslim University Act, 1920; Aligarh Muslim University (Amendment) Act, 1951; Aligarh Muslim University (Amendment) Act, 1965; Entry 63 of List I of the Seventh Schedule to the … 1981, Section 4 1686 [2024] 11 S.C.R. Supreme Court Reports 7. In 2002, an eleven-Judge Bench of this Court in TMA Pai Foundation v. State … 14; St. Stephen’s College v. University of Delhi [1991] Supp. 3 SCR 121 : (1992) 1 SCC 558; State of Kerala v. Very Rev. Mother

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

State of Gujarat Vs. Shahnawaz Abdulgafur Bhatti

Court : Gujarat

Subject : Criminal

Acts : Arms Act - Sections 25(1), 25(1AA), 25(1B) and 39; Foreigners Act, 1964 - Sections 13(2) and 14; Explosive Substances Act, 1908 - Sections 4, 5, 6 and 7; Evidence Act - Sections 25 and 27; Prisoners Act; Indian Wireless and Telegraphs Act, 1933 - Sections 3 and 6(1); Indian Penal Code (IPC) - Sections 120B, 121, 121A, 122 and 123, 124A, 196, 313, 374(2); Indian Passport Rules, 1950 - Rules 3 and 5, 6; Foreigners Order, 1948 - Rules 3(5) and 5(2); Indian Foreigners (Report to Police) Orders, 1971; Criminal Law Amendment 1961; Code of Criminal Procedure (CrPC) - Sections 366(1); Constitution of India - Articles 17, 29, 18, 19, 22 to 30 32 to 37 to 60, 309, 347 and 362

Reported in : (2008)1GLR346

emphatically submitted by him that the prosecution has relied upon the so-called second discovery-cum-recovery of the muddamal on 17-12-2001. The prosecution wants to prove this … Passport Rules, 1959 (Entry into India), Paragraph 3 of the Criminal Law Amendment 1961, Paragraph 3 of the Indian Foreigners (Report to Police) Orders, 1971 … the proceedings of Sessions Case Nos. 11 of 2002 and 18 of 2003 made under Section 366(1) … Sessions Case No. 18 of 2003, ('the accused' for short) to death for commission of offence punishable under Section 121 read with Section 120B of the Indian Penal Code ('I.P.C for short) whereas Criminal Appeal No. 2317 of … against the Government of India by bringing the said articles to Indian territory along with his three other companions who are absconding and thereby to terrorize the people and to create anarchism, and therefore, he attempted to … I.P.C; Sections 25(1)(d), 25(1)(a), 25(1AA) of the Arms Act; Sections 13(2) and 14 of the Foreigners Act;

Madhya Pradesh Power Generation Company Ltd Vs. Madhya Pradesh Electri ...

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

under Section 6.2 (2) as under; “Power Purchase Agreement should ensure adequate bankable payment security agreements to Generating Companies. In case of persisting default in spite of the available payment security mechanisms like letter of credit, escrow … basis of statements made by the appellant in a petition proposing for amendment of such regulations. b) The Commission’s order dated 26th May, 2010 passed … which are appealable under section 111 of the Act. There is another power of the Tribunal located in Section 121 according to which this Tribunal may after hearing the appropriate Commission or any other party, issue such orders … Due to the ongoing renovation and modernization activities, the higher consumption of secondary oil is inevitable and an improvement can be expected only after the … No. 1 SGTPS Unit No.2 All India Average 2002-03 62.64% 62.57% 50.56% 2003-04 62.55% 62.92% 61.50% 2004-05

M. Babu Rao and ors. Vs. Deputy Registrar of Co-operative Societies/Of ...

Court : Andhra Pradesh

Subject : BankingTrusts and Societies

Acts : Andhra Pradesh Co-operative Societies Act, 1964 - Sections 6, 9A, 9B, 9C, 12A, 13, 15A, 16, 17, 19, 21, 21A, 21AA, 23, 32(3), 32, 34, 34A, 56, 58, 60, 61, 61(1), 64, 66, 70, 70(2), 71, 71(1), 71(2), 71(3), 73, 76, 77, 78, 80, 115A, 115B, 117, 121 and 133; Andhra Pradesh Co-operative Societies (Amendment) Act, 1970; Andhra Pradesh Co-operative Societies Rules; Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 - Sections 36, 36A and 37; Andhra Pradesh Protection of Depositors and Financial Establishments Act, 1999; Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969; Banking Companies Act, 1949; Banking Laws (Amendment) Act, 1983 - Sections 42; Banking Laws (Application to Co-operative Societies) Act, 1965; Banking Regulation Act, 1949 - Sections 2, 3,

Reported in : 2005(4)ALD582; 2005(4)ALT327; [2005]126CompCas708(AP); [2005]63SCL339(AP)

Act, 1949 was passed with a view to consolidate and amend the law relating to Banking Companies. The Amendment Act 23 of 1965 known as the Banking Laws (Application to Co-operative Societies) Act, 1965 made applicable the Banking … is known as the 'pith and substance' of the challenged law. The second step is to assign the matter or the substance of the impugned … is the substance of the respondents' case.The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the 2002 Act) ~ brief analysis:25. The slow pace of recovery of defaulting loans and mounting levels of … Chapter XIV includes other miscellaneous provisions for effectuating the purposes of the Act. Included in this chapter is Section 121 excluding the jurisdiction of courts to adjudicate upon the validity of orders, decisions or awards passed or directions

Deutsche Morgan Grenfell Group Plc (Respondents) Vs. Her Majesty's Com ...

Court : House of Lords

Subject : Land Acquisition

the 1995 and 1996 ACT payments appeared in the pleadings until an amendment made on 19 August 2002 and there is an issue, to which … of Justice for the European Communities decided that that United Kingdom revenue law, which had since 1973 allowed companies whose parents were resident in the United Kingdom to elect to pay dividends free of advanced corporation tax … mistake: see Kelly v Solari (1841) 9 M and W 54. The late Professor Birks argued, in the second edition of his book on Unjust Enrichment (2005), that the trend of recent English decisions meant that, for … Restitution in Respect of Mistakenly Paid Tax (2005) 121 LQR 540, 542, Professor Andrew Burrows said: "The … dividend was paid to a parent company in the same group. Under section 247 of the Income and Corporation Taxes Act 1988 the company and

Manish Kumar Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

creditor would be deemed withdrawn.” (Emphasis supplied) 41 34. In the Statement of Objects and Reasons to the Second Amendment Bill, 2019, promulgated as an Ordinance, and thereafter, as the impugned Act, it was, inter alia, stated that … in default", as defined in clause (60) of section 2 of the Companies Act, 2013, or was in any manner incharge of, or responsible to … which is challenged. She drew our attention to Section 2(u) and 20 of the Prevention of Money Laundering Act, 2002. She would submit but for Section 32A, the properties 5 (2019) 11 SCC6336 (2019) 4 SCC1726 which are … (Bombay) (P) Ltd. v. Union of India, (1985) 1 SCC641:1985. SCC (Tax) 121]. stated that it was settled law that subordinate legislation can be challenged

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 … flavour. Civil Appeal No.151 of 2007 Etc. Page 121 of 241 A Historical Perspective:12. 4 A historical … be committing an offence which is punishable under Section 49 of the aforesaid Act. Therefore, it was