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Mar 23 2007

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

Court : Mumbai

Decided on : Mar-23-2007

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

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Aug 31 2012

Sahara India Real Estate Corporation Limited and Others. Vs. Securitie ...

Court : Supreme Court of India

Decided on : Aug-31-2012

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

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Feb 22 2008

Sumitomo Corporation Vs. Cdc Financial Services (Mauritius) Ltd. and o ...

Court : Supreme Court of India

Decided on : Feb-22-2008

Subject : Civil

Acts : Companies Act, 1956 - Sections 2(11), 10(1), 10F, 397, 398, 399 and 402; Arbitration and Conciliation Act, 1996 - Sections 2, 8, 37, 44, 45, 47, 47(2), 48 and 50; Companies (Second Amendment) Act, 2002; Companies (Amendment) Act, 1988; Code of Civil Procedure (CPC) , 1908 - Sections 16 to 20

Reported in : AIR2008SC1594; 2008(1)ARBLR452(SC); (2008)1CompLJ393(SC); JT2008(3)SC32; 2008(4)MhLj31; 2008(3)SCALE92; (2008)4SCC91; [2008]82SCL495(SC); 2008AIRSCW1766; MANU/SC/1101/2008

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 … the High Court dismissed the appeal filed by the appellant herein for lack of territorial jurisdiction holding that Section 10(1)(a) of the Companies Act, 1956 will take precedence over Section 50 of the Arbitration and Conciliation Act, … P. Sathasivam, J.1. Leave granted. 2. This appeal is directed against the judgment and order dated 21.02.2007 passed

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Sep 25 2008

Mohd. Riyazur Rehman Siddiqui Vs. Deputy Director of Health Services

Court : Mumbai

Decided on : Sep-25-2008

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 … vehicle rashly and negligently gave a dash to the motor-cycle and resultantly he sustained injuries. A case under Sections 279, 337 and 338 of the Indian Penal Code was registered with the Police Station, Udgir. The Appellant … to the motor-cycle and resultantly he sustained injuries. A case under Sections 279, 337 and 338 of the Indian Penal Code was registered with the

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Aug 11 2006

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

Court : Supreme Court of India

Decided on : Aug-11-2006

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 … A.K. Mathur, J.1. Leave granted. 2. These appeals are directed against the order dated 31.3.2005 passed by learned

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Sep 17 2009

Smt. Hetal Alpesh Muchhala Vs. Adityesh Educational Institute and ors.

Court : Mumbai

Decided on : Sep-17-2009

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 33, 34 and 34(3); Central Excise Act, 1944 - Sections 35 and 35(1); Companies Act, 1956 - Sections 10E, 10E(4C), 10E(4D), 10F, 397 and 398; Companies (Amendment) Act, 1963; Companies (Amendment) Act, 1974; Companies (Amendment) Act, 1988; Companies (Second Amendment) Act, 2002; Code of Civil Procedure (CPC) , 1908; Income-tax Act, 1961 - Sections 252; Evidence Act; Limitation Act, 1963 - Sections 3, 4 to 24, 29 and 29(2)

Reported in : [2009]152CompCas75(Bom)

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 … company application, the applicant/appellant seeks condonation of delay of 105 days in lodging the company appeal filed under Section 10F of the Companies Act, 1956. The question which arises for determination in this application is whether the … copy of the order passed by the Company Law Board dated February 2, 2009 (Smt. Hetal Alpesh Muchhala v. Adityesh Educational Institute P. Ltd. [2009]

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Jul 29 2005

Gopalakrishnan Vs. Asianet Satellite Communications Ltd.

Court : Kerala

Decided on : Jul-29-2005

Subject : Company

Acts : Companies Act, 1956 - Sections 433, 433(1), 433(2), 434(1) and 439(1); Companies (Second Amendment) Act, 2002

Reported in : [2006]129CompCas698(Ker); 2005(3)KLT957; [2006]68SCL484(Ker)

of the creditor;(Rupees Five hundred mentioned in the above section was amended as Rs. One lakh by the Companies (Second Amendment) Act, 2002 (Act 11 of 2003).'3. By winding up, life of a company is put to an end. Therefore, winding … raising the share capital of Asianet Satcom, he told me that in consonance with your Board decision of 23rd June, 1993, I must get my consultancy service charges from you for raising Rs. 13.25 crores from M/s.Hathway

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Jan 23 2009

S. Pattabhiraman Vs. Registrar of Companies

Court : Chennai

Decided on : Jan-23-2009

Subject : Company

Acts : Companies Act, 1956 - Sections 5, 43A, 159, 160, 161, 162, 166, 167, 167(1), 168, 169, 220, 220(1), 220(2), 220(3), 222, 397, 398, 610, 621A(1), 633, 633(1) and 633(2); Companies (Second Amendment) Act, 2002

Reported in : [2009]148CompCas705(Mad); [2009]96SCL305(Mad)

a mandatory duty cast on every company. Under Section 167 of the Companies Act, as amended by the Companies (Second Amendment) Act, 2002 See [2003] 113 Comp Cas 201, the Central Government on the application of any of the members of … to relieve the petitioner wholly or partly from the liabilities as shown in the show-cause notice dated July 23, 2005, issued by the respondent-the Registrar of Companies.2. The petitioner was one of the directors of Logix Electronics

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Nov 09 2006

Duroflex Ltd. Vs. Johnny Mathew

Court : Kerala

Decided on : Nov-09-2006

Subject : Company

Acts : Companies Act - Sections 10, 10E(1), (1A), (4B) to (4D), 10F, 18, 111, 111(1), 111(2), 111(3), 111(4), 111(5), 111(7), 111(10), 113(4), 155 and 155(1); Limitation Act, 1963 - Sections 3, 4 to 24, 29(2) and 137 - Article 137; Maharashtra Rent Control Act - Sections 18; Telangana Area Tenancy and Agricultural Lands Act; Kerala Private Forests (Vesting and Assignment) Act, 1971 - Sections 8A; Kerala Buildings (Lease and Rent Control) Act, 1965; Companies (Amendment) Act, 1988; Companies (Second Amendment) Act, 2002; Securities Act, 1992; Special Court Act - Sections 9A; Code of Criminal Procedure (CrPC) , 1973 - Sections 195 and 196; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Code of Civil Procedure (CPC) , 1908 - Order 21

Reported in : (2008)2CompLJ314(Ker); [2007]75SCL569(Ker)

exercise and discharge such powers and functions as may be conferred on it before the commencement of the Companies (Second Amendment) Act, 2002 by or under this Act or any other law, and shall also exercise and discharge such other powers … An application (appeal) was filed by the first respondent before the Company Law Board, South Region Bench under Section 111(2) of the Companies Act (for short 'the Act') as the company refused to register the transaction of

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Feb 21 2008

Shri V.S. Krishnan and ors. Vs. Westfort Hi-tech Hospital Ltd. and ors ...

Court : Supreme Court of India

Decided on : Feb-21-2008

Subject : Company

Acts : Companies Act, 1956 - Sections 10F, 53(1) to 53(4), 81(1A), 84(2), 157(1)A, 172, 283, 397, 398, 399, 402 and 403; ;Companies (Second Amendment) Act, 2002; Constitution of India - Article 136

Reported in : [2008]142CompCas235(SC); (2008)2CompLJ1(SC); (2008)2MLJ1192(SC); 2008(3)SCALE184; (2008)3SCC363; [2008]83SCL44(SC)

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 … who filed Company Petition No. 63 of 2005 before the Company Law Board, Additional Principal Bench, Chennai under Sections 397 and 398 read with Sections 402, 403 and Schedule XI of the Companies Act, 1956 are the … were filed against the order dated 5.7.2006 in Company Petition No.63 of 2005 of the Company Law Board, Additional Principal Bench, Chennai and order dated

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