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 … In Delhi Judicial Services Association v. State of Gujarat AIR 1991 SC 2176, the expression used in Article 129 of the Constitution i.e. including the power to punish for contempt of itself which was interpreted by the

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 … the legislative intendment; the High Court (Original Side) Rules were framed under the delegated rule making power under Section 129 of the CPC and they could not override the provisions of the amended Order VIII Rule 1, which

Ms Aarti Sponge and Power Vs. Bimal Kumar and Others

Court : Chhattisgarh

Subject : Land Acquisition

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 … (APPEAL UNDER SECTION 10-F OF THE COMPANIES ACT, 1956) Dr. I.M. QUDDUSI, J, 1. The instant appeal has been filed u/s … Rajiv Bimal Agrawal and Mr. Amit Agrawal filed the Company Petition No. 129 of 2007 under Sections 397, 398, 402 and 406 read with Sections

Abraxis Bioscience Llc a Company Organized Under the Laws of Usa of 11 ...

Court : Intellectual Property Appellate Board IPAB

Subject : Intellectual Property

Ferid Allani Vs. UOI and Ors. œRule 129 of the Patents Rules, 2003 was inserted by the Patents (Amendment) Act, 2002 dated 25th June, 2002 with effect from the 20th of May, 2003 which provides thus :- œ129. Exercise … SC 0453 “ Kalyan Singh Chouhan Vs. C.P. Joshi (3) IPAB Order No.96 of 2013 in TRA/3/2007/PT/DEL dated 2nd May, 2013 “ LML Limited vs. Bajaj Auro Limited 7. Mr. S. Majumdar, the learned counsel for the … appellant has been denied an opportunity of hearing as per provision under Section 14 of the Act inspite of making specific request as per letter

iridium India Telecom Ltd. Vs. Motorola Inc. and anr.

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 2002 - Sections 148 - Order 8, Rule 1; Code of Civil Procedure (CPC) , Amendment Act, 2002; Bombay High Court (Original Side) Rules and Code of Civil Procedure (CPC) - Sections 16 and 129

Reported in : 2004(2)BomCR530; 2004(1)MhLj532

the Original Side Rules have been superseded by virtue of Section 16 of the Code of Civil Procedure, (Amendment) Act, 2002. Section 16 reads as follows:'16. Repeal and savings. -- (1) Any amendment made, or any provision inserted in the … company whose equity is substantially held by the financial institutions, Banks, Insurance Companies and their affiliates. Respondent Nos. 1 and 2 i.e. original defendant Nos. … This case has no bearing whatsoever on the point under consideration. The second decision relates to inconsistency between the Central Act and State Act and … would apply to suits on the Original Side or Original Side Rules continue to prevail by virtue of Section 129 of the Code of Civil Procedure.2. The appellant is the original plaintiff. The appellant is a company whose

Shobit Construction and anr. Etc. Vs. T.K. International Ltd.

Court : Himachal Pradesh

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Section 8, 8(1) and 8(2); ;Code of Civil Procedure (CPC) (Amendment) Act, 2002; ;Delhi High Court Act, 1986 - Section 7; ;State of Himachal Pradesh Act, 1970 - Sections 21, 23, 25 and 28; ;Code of Civil Procedure (CPC) , 1908 - Sections 2(18), 4(1), 16, 17, 20, 122, 125, 129, 148 and 151 - Order 7, Rules 9, 11 and 11A - Order 8, Rule 1; ;Constitution of India - Article 225; ;Original Side Rules, 1997 - Rules 1, 2, 2(1), 3, 3(2), 4 and 3(26); ;Constitution of India - Article 225

Reported in : AIR2006HP4,2006(1)ARBLR510(HP)

file written statement as provided under Order 8, Rule 1, as substituted by the Code, of Civil Procedure (Amendment Act, 2002).18.Order 8, Rule 1 may be reproduced for convenience.O. 8, R. 1: Written statement .- The defendant shall, … Court in exercise of its Original Civil Jurisdiction as provided under Section 122 of the Code. This apart. Section 129 of the Code empower,--; the High Courts to make rules as to their original civil procedure. Section 129 … are not 'rules' as defined in the Code of Civil Procedure, 1908. Secondly, it is not possible to accept the contention that the Letters, Patent

Mohd. Riyazur Rehman Siddiqui Vs. Deputy Director of Health Services

Court : Mumbai

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 110, 110C, 140, 163A, 165 to 174, 175 and 176; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 1999; Motor Vehicles Act, 1939; Companies Act, 1956 - Sections 10E, 10F, 397, 398 and 483; Government of India Act, 1915 - Sections 71, 107 and 108; Specific Relief Act - Sections 6 and 6(3); Contempt of Courts Act - Sections 19, 19(1) and 19(2); Limitation Act - Sections 4 to 24; Defence of India Act; General Clauses Act, 1897; Companies (Amendment) Act, 1988; Companies (Second Amendment) Act, 2002; Bombay Municipal Corporation Act, 1888 - Sections 127(1), 217, 217(1), 218D and 218D(1); Kerala High Court Act - Sections 5; Indian Succession Act - Sections

Reported in : 2009ACJ585; 2008(6)MhLj941

under:483. Appeals from orders - 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 … Appeal against judgment of the learned Single Judge in First Appeal No. 129 of 1998. There was no serious objection on behalf of the learned … vehicle rashly and negligently gave a dash to the motor-cycle and resultantly he sustained injuries. A case under Sections 279, 337 and 338 of the Indian Penal Code was registered with the Police Station, Udgir. The Appellant

M/s. Hindustan Petroleum Corporation Ltd. and Another Vs. Union of Ind ...

Court : Karnataka

Subject : Service Tax

while dealing with Section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, which requires making of a deposit in terms of second proviso of that Section, before entertaining an appeal … Aviation Turbine Fuel. Petitioners have a terminal at Mangalore, which is a coordinator for requirements of the other companies such as, M/s. Mangalore Refineries and Petro Chemicals Limited, Mangalore ( ˜MRPLfor short). Pursuant to initiation of proceedings, … are disposed of by this common order. 2. The petitioners have assailed amendment made to Section 35F of the Central Excise Act, 1944 (hereinafter referred … Bombay [(1988) 4 SCC 402], the Hon'ble Supreme Court was considering Section 129-A of Customs Act, 1962, which provides a right of appeal against the

M/S Hindustan Petroleum Corporation Ltd Vs. Union of India

Court : Karnataka

Subject : Service Tax

while dealing with Section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, -:81. :- which requires making of a deposit in terms of second proviso of that Section, before entertaining … OF INDIA AND ETC., ***** IN W.P.NO.54017/2014: BETWEEN: PRESTIGE GARDEN CONSTRUCTIONS PRIVATE LIMITED, A COMPAMY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT "THE FALCON HOUSE" NO.1 MAIN GUARD CROSS ROAD, INFANTRY ROAD, … and are disposed of by this common order.2. The petitioners have assailed amendment made to Section 35F of the Central Excise Act, 1944 (hereinafter referred … (Preventive), Bombay [(1988) 4 SCC402, the Hon’ble Supreme Court was considering Section 129-A of Customs Act, 1962, which provides a right of appeal against the

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 … 37 citing Smith v. North Derbyshire Primary Care Trust (2006) EWCA Civ 1291, per May LJ at (10): “...Probability is not enough. The defendants would