Advanced Search Results

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 … shall be construed as including a reference to the Appellate Tribunal; (b) the reference to Advocate General in Section 15 of the said Act shall be construed as a reference to such law officers as the Central Government

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, … would result in the automatic abatement of the proceedings before BIFR, in view of the third proviso to section 15(1) of the Sick Industrial Companies (Special Provisions) Act, 1985, inserted by way of amendment under Act 54 of … 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

Kumar Metallurgical Corporation Limited Rep. by Its Director, Sri. M. ...

Court : Andhra Pradesh

Subject : BankingSICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15, 15(1) and 22; ;Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 5, 13, 13(2), 13(4), 13(9), 13(12), 14 and 41; ;Security Interest (Enforcement) Rules, 2002 - Rule 8(1); ;Constitution of India - Article 226

Reported in : 2010(3)ALT412

securities.4. As the petitioner became sick in terms of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short, 'the SICA Act'), the matter was … SARFAESI Act, then the proceedings before the BIFR stands abated as per second proviso to the Schedule to Section 41 of the SARFAESI Act. Accordingly, … SICA Act specified in the schedule has been amended by adding second and third provisos to Section … the petitioner under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act') on 01-11-2004 for taking action for recovery of the monies due for which … to Sub-section (4) of Section 13 of the SARFAESI Act on 17-01-2005, by operation of third proviso to Section 15(1), the proceedings before the BIFR gets abated.9. IDBI gave its consent to SASF for the following:1. Take any

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 … language of the Section that the Supreme Court was of the view that jurisdiction of the Court under Section 15 of the Letters Patent was not ousted and the appeal was consequently, restored to the file of the

Rci Power Limited Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Subject : Electricity

Acts : Constitution of India - Article 226; Andhra Pradesh Electricity Reforms Act, 1998 - Sections 11, 11(1), 12, 12(3), 15(4), 26, 26(5), 54(2), 56(2) and 56(3); Electricity Regulatory Commission Act, 1998 - Sections 22, 22(1) and 29; Transfer Scheme Rules

Reported in : AIR2004AP60; 2003(3)ALD762

generating plants (both Mini Power Plants and non-conventional energy developers) 41 Generating Companies entered into agreements with the Board before the Reforms Act came into … is any hostile discrimination. That is a different 'cup of tea' altogether.The second observation we wish to make is, legislative action, plenary or subordinate, is … 1973 and the Code of Criminal Procedure, as well as the Prevention of Corruption Act and Criminal Law Amendment Act, having surveyed the case law, the Supreme Court enunciated the principles as follows:84. So far as the Concurrent … in Writ Petition Nos. 4770 and 4771 of 2002 are the appellants in CMA Nos. 1351 and … electricity without licence under Section 14, and the Commission is authorised to grant license and impose conditions under Section 15 and also fix charge under Section 15(5) read with Section 26 of the Act.67. The sheet anchor of

Vrajlal Talakshi Gala Vs. Orient Realtors Private Ltd. and Others

Court : Mumbai

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 … has taken out this Application for the following reliefs in pending Appeal (Lodging) No. 27 of 2012 under Section 10F of the Companies Act, 1956. 2 The basic prayers are as under:- “(a) that without prejudice to … and restraining the Respondents from creating any third party rights. 4 On 15 September 2010, the Hon'ble Company Law Board dismissed the matter. On 23

Vrajlal Talakshi Gala Vs. Orient Realtors Private Ltd. and Others

Court : Mumbai

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 … has taken out this Application for the following reliefs in pending Appeal (Lodging) No. 27 of 2012 under Section 10F of the Companies Act, 1956. 2 The basic prayers are as under:- “(a) that without prejudice to … and restraining the Respondents from creating any third party rights. 4 On 15 September 2010, the Hon'ble Company Law Board dismissed the matter. On 23

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 … on 6.10.2009 under Section 60B of the Companies Act with the RoC, Mumbai, Maharashtra, which was registered on 15.10.2009. Later, SHICL issued OFCDs of the nature of Housing Bond; conversion price of Rs.5,000/- for each five bonds,

Kamal Kumar Dutta and anr. Vs. Ruby General Hospital Ltd. and ors.

Court : Supreme Court of India

Subject : Company

Acts : Companies Act, 1956 - Sections 10E, 10F, 53, 81(1A) 189, 193, 283(1), 397, 397(1), 398, 398(1), 399, 402 and 483; Companies (Amendment) Act, 1988; Foreign Exchange Regulation Act, 1973 - Sections 19(1); Companies (Second Amendment) Act, 2002; Code of Civil Procedure (CPC) - Sections 4, 4(1), 100A, 104(1) and 104(2); ;Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 100A; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 100A; Companies (Amendment) Act, 1991

Reported in : [2006]134CompCas678(SC); (2006)5CompLJ511(SC); JT2006(7)SC333; 2006(7)SCALE668; [2006]70SCL222(SC)

: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 … to as CLB).3. Brief facts which are necessary for disposal of these appeals are that an application under Sections 397 & 398 of the Companies Act, 1956 (hereinafter to be referred to as the Act) was filed … of approaching the Division Bench of the Calcutta High Court under Clause 15 of the Letters Patent. Therefore, this Court should not entertain these appeals

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 … any such law." Section 41 of the SARFAESI Act, 2002 provides for amendment in certain enactments as specified in the schedule. Section 41 read with … since 1995. The petitioners' company suffered heavy losses in the financial year 2008-09 and 2009-2010. A reference under Section 15 of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter called the "Act, 1985") was made by 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