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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 … not debentures which are separate category of securities in the definition contained in Section 2(h) of SCR Act. Section 20 of SCR Act, which was omitted, by Securities Laws (Amendment) Act, 1995, with effect from 25.1.1995, stated that

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 … 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 … 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

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

Court : Supreme Court of India

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, … passed by the High Court of Delhi in F.A.O. No. 305 of 2006 by which the High Court dismissed the appeal filed by the appellant

Haryana Financial Corporation Vs. Dev Papers P. Ltd. (In Liquidation) ...

Court : Punjab and Haryana

Subject : Company

Reported in : [2009]150CompCas399(P& H)

misconceived. The present proceedings for winding up have not been initiated under Part VI-A as inserted by the Companies (Second Amendment) Act, 2002, which deals with the revival and rehabilitation of sick industrial companies and thus, the provisions of Section 424G … in the present case. The present proceedings have been initiated pursuant to the recommendations of the BIFR under Section 20 of the Sick Industrial Companies (Special Provisions) Act, 1985. It may be relevant to refer to the said

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 … preparation and sanction of Schemes under Section 18, (e) rehabilitation under Section 19 and (f) winding up under Section 20. (iii) The divergence of views expressed by various High Courts, appears to have arisen primarily on account of

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. … 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 … reviewed, monitored and operates successfully or in case of failure, result into forwarding opinion by the Board under Section 20 to concerned High Court subject to order if any appeal under Section 25 of the Act before appellate

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 … -1-IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI COMPANY APPLICATION NO. 434 OF 2024 IN COMPANY APPLICATION NO. 3

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 … the Companies Act, 1956 (“the Act”) impugning the order dated 31st May 2012 passed by the Chairman, Company Law Board (“CLB”). By the said order,

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 … 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 … Lakhs. The first respondent holds 5000 equity shares of the Company constituting 20 % of the paid up share capital. AT holds 10000 equity shares,

Masusmi Sa Investment Llc Vs. Keystone Realtors Pvt. Ltd. and Others

Court : Mumbai

Subject : Arbitration

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 … by a common order. FACTS IN COMPANY APPEAL (L) NO. 47 OF 2012: 2. By this appeal under section 10F of the Companies Act, 1956, the appellant challenges the order dated 12th October, 2012 passed by the … by a common order. FACTS IN COMPANY APPEAL (L) NO. 47 OF 2012: 2. By this appeal under section 10F of the Companies Act, 1956,