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Mineria Nacional Limitada, a Partnership Firm and Shri Anil Vasudeva S ...

Court : Mumbai

Subject : CompanyLimitation

Acts : Companies Act, 1956 - Sections 2(11), 4(2), 10F, 10(3), 10(12), 13, 14 and 260A; Companies(Second Amendment) Act, 2002; Limitation Act, 1963 - Sections 4 to 24, 29(2), 34 and 34(2); Uttar Pradesh Sales-Tax Act, 1948 - Sections 3B and 10; Sales Tax Act - Sections 10 and 10(3B); Income Tax Act, 1961 - Sections 260A; Special Court(Trial of Offences Relating to transactions in Securities) Act, 1992; Arbitration and Conciliation Act, 1996 - Sections 43

Reported in : (2007)109BOMLR789

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 … a delay of 110 days. The opposition to the application started with the note that the provisions of Section 14(2) of the Limitation Act were unavailable to the applicant and this submission was made placing reliance on the

M/S. Uniword Telecom Ltd. and Another Vs. State of U.P. and Others

Court : Allahabad

Subject : Education

the Bank under Section 13(4) of the Act, 2002 has filed the second writ petition. We have heard Shri R.Venkatramani, learned Senior Advocate, assisted by … 41 of the SARFAESI Act, 2002 provides for amendment in certain enactments as specified in the schedule. … petition No.6853/2013, filed by the petitioners in this Court is considered. The respondent Bank filed an application under Section 14 of the Act, 2002 before the District Magistrate Gautam Budh Nagar for taking physical possession of the mortgaged … writ petitions are: The petitioner no.1 is a registered company under the Companies Act, 1956, and has been carrying out its activities since 1995. The … dated 01/8/2012, under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter called the "Act, 2002") to the petitioners to discharge in full all liabilities to the consortium of

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 … declaration to the company to that effect in terms of the RHP. MCA then sent a reply dated 14.10.2010 stating that the points 1 to 3, 5 to 10, 12 to 16, 18 to 22 had been

Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...

Court : Chennai

Subject : Land Acquisition

take note of 3 developments that have taken place, one in the year 2002 in the form of Companies (Second Amendment) Act, 2002, the second in the same year 2002 in the form of Sick Industrial Companies (Special Provisions) Repeal Act, … High Court went to the extent of holding that in the light of Section 35 of the Securitisation Act, 2002, Section 22 of SICA does not survive anymore. (vi) In Nabha Industries Ltd vs. Punjab State Industrial Development Corporation … as are vested in a Civil Court under the Code of Civil Procedure in respect of certain matters. Section 14 declared the Board and the Appellate Authority to be a Civil Court for the purpose of Section 195

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

Subject : Direct Taxation

1B and 1C of the Companies Act, 1956. These parts were inserted into the Companies Act, by the Companies (Second Amendment) Act, 2002. Thereby, provision was made for the constitution of the National Company Law Tribunal and the National Company Law … duly qualified persons could be appointed to a High Court and at the highest reading the article with Section 14 of the General Clauses Act it can be said that the power conferred by that article may be

Gopal Krishan vs.super Cassettes Industries Ltd. & Ors.

Court : Delhi

Subject : Company

since in fact the repeal of the said provision had not been notified till April 2015. (b) The Companies (Second Amendment) Act 2002, the Press Note No.2/2003 dated 4th April 2003, the notification dated 10th July, 2012 of the Ministry of … the Applicant. According to the contesting... RESPONDENTS at the time that the application was filed on 22nd July 2002 Section 391 (7) of the Act had not been repealed and an appeal could have been filed thereunder. This … Scheme of Amalgamation of Tony Electronics Co. App. No.15/2013 Page 1 of 14 Limited (TEL) (Respondent No.2) and Mandakini Aqua Minerals Limited (MAML) (Respondent No.3)

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Subject : Land Acquisition

of Chapters 1-B and 1-C of the Companies Act, 6 (2010) 11 SCC112 PART A1956as inserted by the Companies (Second Amendment) Act 2002 which provided for the constitution of a National Company Law Tribunal7 and the National Company Law Appellate Tribunal8 … under Article 226 of the Constitution of India against an order passed by the Armed Forces Tribunal under Section 14 or Section 15 of the Act bypassing the machinery of statute i.e. Sections 30 and 31 of the

Madras Bar Association Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

powers relating to winding up vested in the High Courts. The Government accepted the recommendations and passed the Companies (Second Amendment) Act, 2002. The reason for the said amendment was to avoid multiplicity of litigation before various fora and to reduce … Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 as ultra vires Articles 14, 21 and 50 of the Constitution of India inasmuch as these are … JUDGMENT L. NAGESWARA RAO, J.1. The Madras Bar Association has filed this Writ Petition seeking a declaration that Sections 12 and 13 of the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 and Sections 184 and

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 … 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 … contractual rights by the appellant, which does not include this termination: (i) Except for the moratorium stipulated under Section 14 of IBC, there is no other bar in the scheme of the IBC to intervene in contractual arrangements

Vs. India Steam Laundry(P) Ltd.Defendant/Re

Court : Kolkata

Subject : Land Acquisition

Secs. 10FA and 647A of the Companies Act, 1956 which were inserted by way of amendment by the Companies (Second Amendment) Act, 2002. Mr. Mookherjee also referred to Taxmann’s guide to Companies Bill, 2011 in which in the section captioned as … to stand.”. (13) Mr. Jaydip Kar, Learned Sr. Counsel appearing on behalf of the respondent nos. 13 and 14 at the outset referred to Sec. 465 of the Companies Act, 2013 which states inter alia that the