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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 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 of

Sharma Realty Pvt. Ltd. and Others Vs. Vinod Muktinath Sharma

Court : Mumbai

Subject : Land Acquisition

person aggrieved by any decision or order of the Company Law Board 2[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 … District Bombay (the detailed description of the property is available at pages 122 and 123 of C.P.) The aforesaid order has been necessitated to safeguard … construction for flats has commenced so far and the site plan is awaiting sanction from the authorities. 2 Section 10F reads as under: 10F. Appeals against the order of the Company Law Board. Any person aggrieved by

M/s Ecl Puyvast (india) Pvt Ltd Vs. Union Of India

Court : Karnataka

Subject : Land Acquisition

appropriate writ or direction declaring the Notification No.44/2011 Customs (N.T.) dated 06.07.2011 enclosed as Annexure C issued by second respondent as ultra vires the provisions of the Customs Act, 1962; d) Issue a Writ of Certiorari or … under Foreign Trade (Development and Regulation) Act : Section 28AAA has been inserted in the Customs Act through Section 122 of the Finance Act, 2012 to provide for recovery of duties from the person to whom an instrument … that jurisdiction to issue notices consequent to Cannon India and the further amendments made rests with the DRI. It is also stated that the petitioners … with which we are concerned is the EXIM Policy for the period 2002-2007, which was substituted by EXIM Policy 2004-2009.10. The EXIM Policy of 2002-2007

M/s. Puyvast Maritime India Pvt Ltd Vs. Union Of India

Court : Karnataka

Subject : Land Acquisition

appropriate writ or direction declaring the Notification No.44/2011 Customs (N.T.) dated 06.07.2011 enclosed as Annexure C issued by second respondent as ultra vires the provisions of the Customs Act, 1962; d) Issue a Writ of Certiorari or … under Foreign Trade (Development and Regulation) Act : Section 28AAA has been inserted in the Customs Act through Section 122 of the Finance Act, 2012 to provide for recovery of duties from the person to whom an instrument … that jurisdiction to issue notices consequent to Cannon India and the further amendments made rests with the DRI. It is also stated that the petitioners … with which we are concerned is the EXIM Policy for the period 2002-2007, which was substituted by EXIM Policy 2004-2009.10. The EXIM Policy of 2002-2007

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

Subject : Right to Information

or decree of the Supreme Court.” 73. Relying on Section 6(2), which was introduced by way of the Amendment Act, 2002 (Act 14 of 2002) that came into force from 6-8-2002, it is submitted by Mr Rohatgi that the … any proprietary technology and is outsourced to foreign entities or entities under the ownership and control of foreign companies and corporations. The entire framework and working of the authentication procedure in terms of Section 8 is an … to be eligible for government subsidies and social safety net programmes. The second error arises because of the inability to cross-verify lists of eligible persons … Bishambhar Nath Kohli & Ors. v. State of Uttar Pradesh & Ors.123. 122 (1963) 2 SCR747123 (1966) 2 SCR158Writ Petition (Civil) No.494 of 2012 &

Krishak Bharti Co-operative Ltd. Vs. Iffco Tokio General Insurance Co. ...

Court : Delhi

Subject : Trusts and Societies

Acts : Multi-State Co-operative Societies Act, 1984; ;Multi-State Co-Operative Societies (Amendment) Act, 2002 - Sections 29, 43(1), 91(1), 115 and 122; ;Arbitration and Conciliation Act, 1996 - Sections 9; Code of Civil Procedure (CPC) - Sections 80 and 151 - Order 7, Rule 11; ;Bombay Cooperative Societies Act, 1925; ;Code of Civil Procedure (CPC) (Amendment) Act, 1976; Companies Act, 1956 - Sections 169 and 286

Reported in : 125(2005)DLT45; 2005(85)DRJ183

Company Limited (in short 'ITGI'), defendant No. 1 was incorporated under the Companies Act, 1956. It is the case of the plaintiff that before issuing … this provision and Section 80 CPC as it existed before the amendment of the Code of Civil Procedure (Amendment) Act 1976. According to him, the two provisions are parimateria and their compliance is mandatory before filing of a … by the provisions of the said Act until the enactment of the new Act viz. Multi-State Co-Operative Societies Act, 2002 (Act 39 of 2002) (for short the Act). They are primarily engaged in the business of manufacture, sale … Act is also disqualified for being a member of the Board of Directors of the multi-State cooperative society. Section 122 of the Act empowers the Central Government to issue directions to a multi-State cooperative society if the Central … first, disputes touching the constitution of a society; secondly, disputes touching election of the office-bearers of a

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 … Commons Civil Appeal No.151 of 2007 Etc. Page 122 of 241 on a motion moved by Mr. … be committing an offence which is punishable under Section 49 of the aforesaid Act. Therefore, it was

iridium India Telecom Ltd. Vs. Motorola Inc.

Court : Supreme Court of India

Subject : Civil Constitution

Acts : Code of Civil Procedure (CPC) 1908 - Sections 2(18), 4(1), 15(1), 15A, 57, 100, 100A, 116 to 120, 122, 123, 124, 125, 126, 127, 128, 129 and 148 - Order 8, Rule 1; Code of Civil Procedure (CPC) (Amendment) , 1976 - Sections 97 and 97(1); Code of Civil Procedure (CPC) , 1877 - Sections 16, 17, 54, 119, 160, 182 to 185, 187, 190, 191, 192, 198 to 206, 261, 409, 579, 632, 638 and 652; Code of Civil Procedure (CPC) , 1882 - Sections 638 and 652; Code of Civil Procedure (CPC) (Amendment)Act, 1895; Code of Civil Procedure (CPC) (Amendment) , 2002 - Sections 16; Code of Civil Procedure (CPC) , 1859; Central Act; Constitution of India - Article 254; High Court Original Side Rules; Punjab Court Act, 1918 - Sections 41

Reported in : AIR2005SC514; 2005(2)ALD34(SC); 2005(5)ALLMR(SC)191; 2005(2)ALT32(SC); 2005(2)AWC1872(SC); 2005(3)BomCR781; (2005)107BOMLR967; (2005)2CALLT59(SC); 2005(1)CTC304; 118(2005)D; 2005 (2) SCC 145

so interpreted as not to defeat the substantive vested rights created in favour of a litigant under the Amendment Act of 2002. Since the written statement had not been filed within the time prescribed therein, by reason of … order was modified by the High Court on 3.10.2002. On 16.10.2002 a second Notice of Motion was filed by the appellant. The respondent filed an … in the body of the Code until annulled or altered in accordance with the provisions of Part X. Section 122 confers power on a High Court, other than the Court of a Judicial Commissioner, to annul, alter or

Texstyles and ors. Vs. Kiran Overseas Export Ltd. and anr.

Court : Delhi

Subject : Civil

Acts : Sick Industrial Companies Act; Companies Act, 1956; Code of Civil Procedure (CPC) - Sections 122, 123 and 151 - Order 7, Rule 14 - Order 8, Rule 1, 1A, 1(2), 1(5), 3 and 10; Code of Civil Procedure (CPC) (Amendment) Act, 2002;Delhi High Court (Original Side) Rules, 1967 - Rule 3; Delhi High Court Act, 1966

Reported in : AIR2005Delhi162

it is revealed that at least since December 2002 onwards the amendment has been given effect to … being the Managing Director of defendant No. 1. defendant No. 1 is a duly incorporated entity under the Companies Act, 1956. I am satisfied that defendant No. 2 ought to be deleted from the array of parties. … granted to the defendant for filing a written statement provided that a second or any further extension may be granted only on an application made … of summons on the defendant. The relevant provisions prior and post the amendment read as follows :OldPresentR.l. Written statement. (1) The defendant shall, at or … will hold sway over the provisions of the Civil Procedure Code by virtue of the powers conferred by Section 122 and 123 thereof read with Section 7 of the Delhi High Court Act, 1966. The Full Bench of

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 … the anti-ipso facto clause provisions in the US Bankruptcy Code111. J.2.9 Australia 122 Recently in Australia, the Treasury Laws Amendment (2017 Enterprise Incentives No.2) Act, … 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 … 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