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Jan 20 2005

Vivek Hire Purchase and Leasing Limited Rep. by Its Vice President, Mr ...

Court : Chennai

Decided on : Jan-20-2005

Subject : Company

Acts : Companies Act, 1956 - Sections 433 and 434

Reported in : [2006]129CompCas343(Mad); 2005(1)CTC524; (2005)2MLJ8; [2005]62SCL245(Mad)

to whom the company is indebted in a sum exceeding rupees one lakh (substituted for Rs. 500 by Companies (Second Amendment) Act, 2002) then due, has served on the company, by, causing it to be delivered at its registered office, by … entitled to seize the assets and the same is pending. On 22.6.2002, the petitioner issued a notice under Section 434 of the Companies Act, calling upon the petitioner to pay the sum of Rs. 9,46,503 due as … Woollen Industries Pvt Ltd., Mahendra B. Parikh and Ors., (1972) 42 Comp.cas 125 wherein the Honurable Supreme Court held thus:'Two rules are well settled. First,

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Aug 30 2007

State of Assam and ors. Vs. Chhotabhai Jethabhai Patel Tobacco Product ...

Court : Guwahati

Decided on : Aug-30-2007

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

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Oct 15 2007

Reliance Natural Resources Ltd. Vs. Reliance Industries Limited

Court : Mumbai

Decided on : Oct-15-2007

Subject : Company

Acts : Oil Fields (Regulation and Development) Act, 1948 - Sections 2 and 3; Economic Zone and other Maritime Zone Act, 1976; Companies Act, 1956 - Sections 36, 39, 235 to 251, 391 to 394, 433 and 643; Evidence Act - Sections 57 to 62; Income Tax Act - Sections 2(19AA), 2(19AAA) and 2(41A); Companies (Amendment) Act, 2002; Board of Directors Act; Contract Act - Sections 17; U.K. Act - Sections 206; Constitution of India - Article 297; Petroleum and Natural Gas Rules, 1959; Companies Rules

Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)

to a company in respect of which an order has been made before the commencement of the Companies (Amendment) Act, 2002 sanctioning a compromise or an arrangement.393. Information as to compromises or arrangements with creditors and members. -(1) where … gas under the PSC.39. On 7.11.2006/8.11.2006, a Company Application No. 1122/06 under Section 392 of the Companies Act, 1956 (the Act) has been filed before … Lord Reid in Mc. Cutcheon v. David MacBrayne Ltd. [1964] 1 W.L.R. 125 approving the following quotation from Gloag on Contract:The judicial task is not … and directions given to MDA personally under the MOU to ensure that the gas supply contract is robust. Secondly, what, if any, are the appropriate changes that could be made in order to give meaning and effect

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Sep 26 2018

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

Court : Supreme Court of India

Decided on : Sep-26-2018

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

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Feb 16 2008

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Decided on : Feb-16-2008

Subject : Intellectual Property Rights

Acts : Patents Act, 1970 - Sections 2, 10, 11, 11(2), 11(3), 11B(1), 11B(3), 12, 12(1), 13, 13(1), 13(4), 25, 26(1), 43, 47, 48, 53(1), 64, 104A, 105, 106 and 108; Patents (Amendment) Act, 2002 - Sections 48; Patents (Amendment) Act, 2005; Motor Vehicles Act; Patents Act, 1949; Patents and Designs Act, 1911 - Sections 12; Code of Civil Procedure (CPC) - Order 39, Rules 1 and 2; Designs Act, 1911 - Sections 2(8), 26(1), 51 and 53

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

this stage of interim application, while considering the prima facie case and the balance of convenience, the Patents (Amendment) Act, 2002 (Act 38 of 2002), which has come into effect from 20.05.2003 and Amendment Act 2005, which came into … the cases of large bore engines, where more than one spark plug is employed, the addition of a second spark plug ensures acceptable probability of combustion initiation of at least one of the spark plugs. Therefore, in … of 2007.2. C.S. No. 1111 of 2007 is a suit filed under Section 108 of the Patents Act, 1970 for the relief of permanent injunction … marketing, selling, offering for sale or exporting 2/3 wheelers, including the proposed 125-CC FLAME motorcycle containing an internal combustion engine or any internal combustion engine

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Oct 08 2021

Maharashtra State Electricity Distribution Company Limited Vs. Maharas ...

Court : Supreme Court of India

Decided on : Oct-08-2021

Subject : Land Acquisition

the Appellant and the Respondent Nos.2, 3, 4 and 5, hereinafter collectively referred to as the “Power Generating Companies”, so as to alter the rate of Late Payment Surcharge(LPS) payable by the Appellant to the Power Generating … those of the first set of agreements. The relevant provisions of the second set of agreements (Stage2) are as follows:- “Article 1 : Definitions and … to the Bid Deadline: (i) the enactment, bringing into effect, adoption, promulgation, amendment, modification or repeal or any law or 4 (ii) a change in … DISTRIBUTION COMPANY LIMITED ....Appellant(s) versus MAHARASHTRA ELECTRICITY REGULATORY COMMISSION & ORS. .…Respondent(s) JUDGMENT Indira Banerjee, J.This appeal, under Section 125 of the Electricity Act 2003, is against a judgment and order dated 27th April 2021 passed by the … Generating Company (i) 17.03.2010 GMR Warora Energy Ltd. 2002.88 Warora Project (Respondent No.5) (ii) 22.04.2010 Rattan India

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May 04 2005

The Akola Oil Industries (Under Liquidation) Vs. State Bank of India

Court : Mumbai

Decided on : May-04-2005

Subject : Company

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 5(1), 13(2), 13(4), 31, 34, 35 and 37; Companies Act, 1956 - Sections 125, 171, 229, 232, 424A, 442, 446, 446(1), 446(2), 446(8), 456, 456(2), 529, 529A, 536, 536(2) and 537; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 31 and 34; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 4, 15, 16, 17, 20, 22(1) and 22(5); Limitation Act, 1963 - Schedule - Article 65; Bombay Village Panchayats Act, 1958 - Sections 129; Indian Contract Act; Land Acquisition Act; State Financial Corporation Act, 1951 - Sections 29, 29(1), 31 and 46B; Life Insurance Corporation Act, 1956; Gujarat Co-operative Society's Act - Sections 71; Transfe

Reported in : 2005(5)BomCR706; [2006]66SCL147(Bom)

misconceived and rejected.O. It may be mentioned here that after Securitisation Act, amendment has been made to Section 15 of Sick Industrial Companies (special provisions) … way of Mortgage in favour of said Bank is not registered with Registrar of Companies as contemplated by Section 125 of companies Act and therefore is void as against Official Liquidator. He invites attention to 2 advertisements on … Committee also suggested some legislative measures to meet the situation.36. In its Second Report, the Narasimham Committee observed that the NPAs in 1992 were uncomfortably … to proceed against the company under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002. (Referred to as Securitisation Act hereafter). Grievance of Official Liquidator is that said orders have been obtained behind

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Mar 24 2021

Jaypee Kensington Boulevard Apartments Welfare Association Vs. Nbcc (i ...

Court : Supreme Court of India

Decided on : Mar-24-2021

Subject : Land Acquisition

into three: one being the holding company of the corporate debtor JIL and the persons/entities related with these companies; second being the dissenting institutional financial creditor of the corporate debtor JIL; and third being the other stakeholders.12. In … the process under the Code. This Ordinance later on took the shape of the Insolvency and Bankruptcy Code (Amendment) Act, 2017 (No.8 of 2018) that came into force with retrospective effect from 23.11.2017. 4822.3. Apart from the above, … under the other investigations. NBCC has retained Prevention of Money Laundering the right to withdraw from its Resolution Act, 2002 (“PMLA”) against JIL. Plan in case the said relief is not granted.3. 858 acres of JIL’s land was … by 13-12-2017. (c) A further sum of Rs 125 crores be deposited by 31-12-2017. (d) Neither the … petition filed by one of the financial creditors, IDBI Bank Limited, under Section 7 of the Code. However, when the Interim Resolution Professional10 invited claims

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Aug 14 2007

Maharashtra Electricity Regulatory Commission Vs. Reliance Energy Ltd. ...

Court : Supreme Court of India

Decided on : Aug-14-2007

Subject : Electricity

Acts : Electricity Act, 2003 - Sections 2(4), 3, 14, 16, 42, 42(5), 42(6), 45(5), 55(2), 57, 61, 62, 76, 76(1), 79, 79(1), 82, 83, 84, 85, 85(1), 86, 86(1), 86(2), 94, 96, 125, 126, 127, 128, 128(1), 128(5), 128(6), 129, 142, 143, 163 and 181; Indian Electricity Act, 1910; Electricity Supply Act, 1948; Electricity Regulatory Commissions Act, 1998 - Sections 17; Maharashtra Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Ombudsman) Regulations, 2003

Reported in : AIR2008SC976; 2007(4)AWC3662(SC); 2008(1)BomCR738; JT2007(10)SC365; 2007(10)SCALE279; (2007)8SCC381; [2007] 9 SCR 9

by the Appellate Tribunal for Electricity whereby the Appellate Tribunal has allowed the appeals filed by the distribution companies and set aside the orders passed by the Maharashtra Electricity Regulatory Commission (hereinafter for short 'The Commission') dated … the company. Thereafter again they applied in June, 2002 for enhancement of their contract demand upto 90 … Civil Appeal No. 2846 of 20061. This appeal under Section 125 of the of the Electricity Act, 2003 (hereinafter for short 'the Act') is directed against the judgment and … 5th April, 2006 in Appellant's appeal No. 191/2005 and the order dated 2nd June, 2006 passed by the Appellate Tribunal in Review Petition No. 3/2006 … action. However, billing on a basis other than recorded consumption, and raising amended bills accordingly (often after several years later, and without giving reasons), is

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Mar 08 2021

Gujarat Urja Vikas Nigam Limited Vs. Amit Gupta

Court : Supreme Court of India

Decided on : Mar-08-2021

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 … 2 July 2018) accessed 18 February 2021. 105 PART J J.2.10 Singapore 125 In Singapore, ipso facto clauses are prohibited in accordance with Section 440115 … 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

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