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R.P. Khosla and anr. Vs. Connaught Plaza Restaurant Pvt. Ltd. and ors.

Court : Delhi

Subject : Company

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 … HON’BLE MR. JUSTICE R.V.EASWAR R. V. EASWAR, J.:1. This is an appeal filed by Mr. Deepak Khosla under Section 10F of the Companies Act, 1956 impugning the orders passed by the Company Law Board (CLB) on 18.12.2013

Shalini Asha Chopra Vs. Chairperson Debts Recovery Appellate Tribunal

Court : Allahabad

Subject : Land Acquisition

entitled to substitution in place of the assignor in proceedings relating to companies in liquidation pending in the Company Court. In this matter before the … assignment deed and the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'Securitisation Act'), the Debts Recovery Tribunal committed no illegality in allowing the application … of the said TP Act has no application. 45. In the alternative, since the borrower(s) has relied on Section 130 of the said TP Act, one needs to analyse the contentions raised in that regard. According to the … is a debt due and payable by the borrower(s) to the bank. Secondly, the bank is the owner of such debt. Such debt is an … 1949 is an Act enacted to consolidate and amend the law relating to banking. Thus, while interpreting

Haryana Financial Corporation Vs. Dev Papers P. Ltd. (In Liquidation) ...

Court : Punjab and Haryana

Subject : Company

Reported in : [2009]150CompCas399(P& H)

misconceived. The present proceedings for winding up have not been initiated under Part VI-A as inserted by the Companies (Second Amendment) Act, 2002, which deals with the revival and rehabilitation of sick industrial companies and thus, the provisions of Section 424G … 638, wherein the hon'ble Supreme Court while interpreting the provisions of Section 446 made the following observations (page 130):It is now well-settled that if any winding up order is passed during the pendency of a suit against

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 … (Civil) No.494 of 2012 & c onnected matters Page 380 of 567 130. The principles as regards reasonable restriction as has been stated by this

Brown Vs. Legal Foundation of Wash.

Court : US Supreme Court

Subject : Land Acquisition

may be that the difference between what a pooled fund earns, and what the individual clients and escrow companies lose, adds up to enough to sustain a valuable IOLTA program while not depriving any of the clients … or a single pooled account with subaccounting to determine how much interest is earned for each client. The second type of account is a pooled interest-bearing account with the interest to be paid directly by the financial … funds in IOLTA accounts violates the Just Compensation Clause of the Fifth Amendment, and that the requirement that client funds be placed in such accounts … Wash. - 538 U.S. 216 (2003) OCTOBER TERM, 2002 Syllabus BROWN ET AL. v. LEGAL FOUNDATION OF … the title company in this case." Id., at 130. 231 of the interest taken, or nothing, depending … Rules applicable to Limited Practice Officers (LPOs), nonlawyers who are licensed to act as escrowees in real estate closings. Petitioners, who have funds that are … charitable and educational purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, as directed

Malbros Investments Ltd. Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2004)90ITD688(Delhi)

of Toto Bubbles India Limited (in short, TBIL) in July, 1991. The said company was incorporated under the Companies Act on 19.3.1981 and carried on business of manufacture and export of finished hand-tools.The management of TBIL submitted … Counsel for the assessee filed a paper book dated 9.12.2002 running into 115 pages and again filed the second paper book in continuation. On behalf of the Department, Smt. Sudershan Parashar, CIT (DR), submitted written submissions. Ld. … the claim of bad debts amounting to Rs. 130 lacs.2. During the course of hearing before us, … guarantee for and on behalf of the Company and agree dot such amendments, modifications or revisions therein as are acceptable to M/s. Basu Associates and … inter alia, on the ground that the requisite conditions as envisaged Under Section 36 (2) of the I.T. Act, 1961 were not satisfied. CIT (A)

Deputy Commissioner of Income Tax Vs. Electropack [Alongwith Misc.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (2005)94TTJ(Ahd.)973

1995, the proceedings initiated are not proper and just. 3. As per the amendment made by the Finance Act, 2002, to Section 158B, the definition of "undisclosed income" is reproduced as under: 158B(b) : 'undisclosed income' includes any … the case under consideration, firstly, there is mistake apparent from record and secondly, there should be the order of Tribunal, whether retrospective amendment amounts to … was made should be treated as patently invalid and wrong by virtue of the retrospective operation of the amendment Act. But, such a result is necessarily involved in the legal fiction about the retrospective operation of the amendment … the case of CIT v. Amritlal Bhogilal & Co. (1958) 34 ITR 130 (SC).7. The learned Authorised Representative further submitted that the order of the

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 … four Civil Appeal No.151 of 2007 Etc. Page 130 of 241 and a half gallons or two … be committing an offence which is punishable under Section 49 of the aforesaid Act. Therefore, it was

Lunarmech Machinenfabric Ltd. and anr. Vs. Usf Filtration Ltd. and anr ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copy Right Act, 1957 - Sections 15(2) and 61; Companies Act, 1956 - Sections 23(3); Transfer of Properties Act, 1882 - Sections 6 and 130; Foreign Exchange and Regulation Act; Code of Civil Procedure (CPC) - Sections 100, 148 and 151 - Order 1, Rule 10 - Order 6, Rules 17 and 18 - Order 7, Rules 10 and 11 - Order 11, Rule 12; Constitution of India - Article 227

Reported in : 132(2006)DLT169; 2006(33)PTC47(Del)

infringing plaintiffs' copyright. On further investigation it revealed that the defendants were supplying the copied equipment to Indian Companies as well. On further probing it came to their notice that defendants were copying the technology of the … petition as if this Court has to treat this petition as a second appeal under Section 100 of the Code of Civil procedure. 22. It … said applications were dismissed vide order dated 14.7.2000 and the application for amendment of the plaint was allowed holding that change in ownership of a … in an attempt to distract the attention from the main issues and has referred to Section 6(e) & Section 130 of the Transfer of Properties Act, 1882. Section 6(e) deals with non-transfer of mere right to sue under

Standard Chartered Bank Vs. Andhra Bank Financial Services Ltd. and or ...

Court : Supreme Court of India

Subject : CivilCompany

Acts : Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 3, 3(3), 5, 10 and 13; Companies Act, 1956 - Sections 2(12), 108, 108(1), 111, 111(1), 111(2), 111(7), 155, 620, 620(1) and 620(2); Companies (Amendment) Act, 1988; Specific Relief Act, 1963 - Sections 34; Specific Relief Act, 1877 - Sections 42; Transfer of Property Act, 1882 - Sections 9, 130 to 136 and 137; Evidence Act, 1872 - Sections 35, 110, 114 and 165; Benami Transactions (Prohibition) Act, 1988 - Sections 3(3) and 4(2); Sale of Goods Act, 1930 - Sections 27; Code of Civil Procedure (CPC) - Sections 11 - Order 12, Rule 1

Reported in : AIR2006SC3626; 2006(5)SCALE384; (2006)6SCC94; [2006]68SCL109(SC); MANU/SC/2534/2006

filed a petition before the Company Law Board (hereinafter referred to as 'CLB') under Section 111 of the Companies Act, 1956 seeking registration of the suit bonds in its name. The original respondents to the petition were … the said Bonds to the Plaintiffs along with interest warrants in respect thereto.b) For a declaration that the second defendants have no right, title and interest whatsoever, in relation to the said Bonds, more particularly described in … Act, 1956 (corresponding to Section 111 of the present Act, before its amendment by Act 31 of 1988) was somewhat summary in nature and that … the TP Act, however, provides that the provisions in Chapter VIII (Sections 130 to 136) would not apply to stocks, shares or debentures. The argument