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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 … so far as may be, in the same manner as in the case of an application made under Section 19 from the stage which was reached before such transfer or from any earlier stage or de novo as

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 … 2. The applicant has filed an application dated 16-1-2006 for condonation of delay to file an appeal under Section 10F of the Companies Act, 1956 (Act, for short) against the Order dated 26-9-2005 of the Company Law … delay to file an appeal under Section 10F of the Companies Act, 1956 (Act, for short) against the Order dated 26-9-2005 of the Company Law

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 … by learned Company Judge, Calcutta High Court in APO No. 746 of 1999 and APO No. 759 of 1999 whereby learned Single Judge has disposed

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 … investors and the integrity of the securities market, I, in exercise of the powers conferred upon me under section 19 the Securities and Exchange Board of India Act, 1992 and Sections 11(1), 11(4)(b), 11A and 11B thereof, read

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 … validity on the election of the appellant to the Lok Sabha in 1971 after that election had been declared to be void by the High

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 … 104 of the Civil Procedure Code and the Limitation Act are not pari materia to the provisions of Section 19 of the Contempt of Courts Act. Section 19 of the Act reads as under:52. 19. Appeals.- (1) An

Transcore Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Banking

Acts : Debts Recovery Tribunals Act, 1993 - Sections 2, 3(1), 17, 19, 19(1), 19(6), 19(7), 19(8), 19(12), 19(13), 19(18), 19(19), 19(25), 20, 21, 24, 25, 28 and 29; Debts Recovery Tribunals (Amendment) Act, 2004 - Sections 5A, 13(3A) and 17(1); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Sections 2, 5, 5A, 6, 9, 10, 11, 12, 13, 13(1), 13(2), 13(3), 13(3A), 13(4), 13(4A), 13(6), 13(7), 13(8), 13(9), 13(10), 13(11), 13(13), 14, 17, 17(1), 17(2), 17(3), 17(4), 18, 18(1), 22, 31, 35, 36, 37, 40 and 40(1); Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004; Transfer of Property Act, 1882 - Sections 69 and 69A; State Financial Corporations Act, 1951 - Sections 29 and 31; Limitation Act, 1963; Companies

Reported in : AIR2007SC712; 2007(1)ALD109(SC); I(2007)BC33(SC); [2007]135CompCas1(SC); (2007)1CompLJ1(SC); 2006(5)CTC753; 135(2006)DLT151(SC); (2007)1MLJ929(SC); 2006(12)SCALE585; (2008)

an additional Act. The NPA Act is made in addition to the Companies Act, 1956, the SEBI Act, 1992, the DRT Act, 1993 as well … said proviso. According to the learned Counsel, the second proviso to Section 19(1) inter alia states that, … were not repealed by the Indian Income-tax Act but by the Taxation Laws (Extension to Merged States and Amendment) Act 67 of 1949. Owing to this, the depreciation actually allowed under the laws of the merged States could … sub-section (1) of section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 shall be mutatis mutandis as provided for filing of an application to the Debts Recovery Tribunal under Rule … cause notice; that it did not constitute action so as to exclude the applicability of the proviso to Section 19(1) of DRT Act, 1993; consequently, it was urged that, on the facts of the present case, in the

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 … Recovery Tribunal-I, Chennai, against the petitioner for recovery of a sum of Rs.6,28,63,589/-, due as on 31.1.2001, under Section 19 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993, hereinafter referred to the RDDB

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 … declared as sick industrial company under Section 3(1)(o) of the Sick Industrial Companies (Special Provisions) Act, 1985 on 20-12-2002. The State Bank of India was … first year of implementation of DRS. Based on the said report, BIFR formulated the scheme in terms of Section 19(2) read with Section 19(1) of SIC A and circulated to all the parties for their consent by their

M/S United Breweries (Holdings) Limited vs Offilical Liquidator

Court : Karnataka

filed, the provision relevant for that purpose was Section 391(7) of the Act. Although in terms of the Companies (Second Amendment Act) 2002 (‘2002 Amendment’), Section 391(7) stood omitted, the said amendment was to take effect only from date notified by … PETITION NO.57/2012 BETWEEN: M/S UNITED BREWERIES (HOLDINGS) LIMITED A PUBLIC LIMITED COMPANY IN CORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 12TH FLOOR, UB TOWER, UB CITY NO.24, VITTAL MALLYA ROAD BANGALORE-560 001 REPRESENTED