Advanced Search Results

Raghunath Rai Bareja and anr. Vs. Punjab National Bank and ors.

Court : Supreme Court of India

Subject : BankingLimitation

Acts : Limitation Act, 1963 - Schedule - Article 136; Companies Act, 1956 - Sections 446, 446(1) and 446(3); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19, 24, 31, 31(1) and 34; Companies (Second Amendment) Act, 2002; Code of Civil Procedure (CPC) , 1908 - Order 34, Rule 11; Companies (Court) Rules, 1959 - Rule 9, 10 and 117; Constitution of India - Articles 226 and 227

Reported in : 2007(2)ALT114(SC); 2007(1)AWC507(SC); [2007]135CompCas163(SC); (2007)1CompLJ108(SC); 2007(5)CTC642; 2007(3)MhLj83; 2007MPLJ306(SC); 2006(13)SCALE511; (2007)2SCC230; 2006AIRSCW6446

16. In this connection, it may be mentioned that Section 446(3) of the Companies Act was omitted by Companies (Second Amendment) Act, 2002 and evidently the High Court has overlooked this Amendment. As a result in our opinion the High Court … Court exercising jurisdiction under Articles 226 and 227 of the Constitution) in relation to the matters specified in Section 17.24. Limitation. - The provisions of the Limitation Act, 1963, shall, as far as may be, apply to an

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 … issue adjudicated upon, pertained to the constitutional validity of the Constitution (Forty-second Amendment) Act, 1976, and more particularly, Sections 4 and 55 thereof, whereby Articles 31C and 368 of the Constitution, came to be amended. The majority … was widely canvassed in Sankalchand Himatlal Sheth v. Union of India, (1976) 17 Guj LR1017(FB), and in Union of India v. Sankalchand Himatlal Sheth (supra).

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 … Mardia Chemicals Ltd. v. Union of India (AIR 200.SC 2371). While upholding the provisions of the Act, except Section 17(2), the Supreme Court pointed out that there must be some fine tuning. Therefore, Act 54 of 2002 was

Anju Timblo, Managing Director of Fomento Resorts and Hotels Ltd. and ...

Court : Mumbai Goa

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 … being CA.No.5/2013, which is an application for amendment, under order VI, rule 17 of C.P.C., read with Regulations 44 and 46 of the Company Law … respondents. 4. Heard finally with the consent of the learned Counsel for the parties. 5. These appeals under Section 10F of Companies Act, 1956 (the Act, for short) arise out of the order dated 18/05/2015, passed by

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 … of the provisions of Section 55A(c) of the Act. MCA, it is seen, had sent a letter dated 17.6.2010 to SIRECL stating that the matter was being examined under the relevant provisions of the Companies Act, 1956.

Arcelormittal India Private Limited Vs. Satish Kumar Gupta

Court : Supreme Court of India

Subject : Land Acquisition

provisions of Sections 15 to 21 of the Sick Industrial Companies (Special Provisions) Act, 1985. Interestingly, the Companies Amendment Act, 2002 omitted a provision similar to Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985. Consequently, creditors … and Bankruptcy Code (Amendment) Act, 2017, together with the amendment made by the Insolvency and 40 Bankruptcy Code (Second Amendment) Act, 2018. Section 29A, as introduced by the Insolvency & Bankruptcy Code (Amendment) Ordinance, 2017, on 23.11.2017, reads as … i.e., the date of admission of the application under Section 7 by the Adjudicating Authority. . .(ii) Under Section 17, the corporate debtor’s affairs are to be 109 managed by the Interim Resolution Professional so appointed, and the

Archana Spinners Ltd. Vs. Board for Industrial and Financial Reconstru ...

Court : Chennai

Subject : Company

Acts : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 5(1), 13, 13(1), 13(2), 13(3), 13(4), 17, 17(1), 17(2), 32, 35 and 41; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3(1), 15, 15(1), 17, 18, 19, 19(1), 19(2), 19(3) and 19(4); Companies Act; State Financial Corporations Act, 1951 - Sections 29 and 46; Foreign Exchange Regulations Act; Transfer of Property Act, 1882 - Sections 69 and 69A; Prevention of Food Adulteration Act, 1954; Constitution of India - Article 226

Reported in : [2009]147CompCas387(Mad); [2007]76SCL280(Mad)

also the case of the second respondent that in view of the amendment effected to Section 15(1) of the SICA, 1985, any reference pending before … dated 30-6-2005 under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and praying for a declaration that i he action of the second and third respondents namely the Tamil … 20-12-2002. The State Bank of India was its operating Agency to examine the viability for rehabilitation as per Section 17 of the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) by the Board for Industrial and Financial Reconstruction

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 … Kar, Sr. Adv. 13 &14 For the respondent nos. : Mr. Joy Saha, Sr. Adv. 15, 16, & 17 Mr. Subhojit Saha, Adv. Heard On :23. 08.2016, 10.11.2016, 17.11.2016, 30.11.2016, 03.01.2017, 25.01.2017 CAV On :14. 02.2017 Judgment

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 … the present appeal filed by Mr. Gopal Krishan against an order dated 17th December, 2012 passed by the learned Single Judge in CA No.730/2002 in

Arunachalam Muthu Vs. Nafan Bv and Others

Court : Mumbai

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 … 1. The Appellant has filed the above Appeal under Section 10F of the Companies Act, 1956 (“the Act”) impugning the order dated 31st May 2012 passed by the … arguments in sur-rejoinder for which dates were also fixed i.e. 16th and 17th July 2012. 3.2 However, on 4th May 2012, the learned Member of