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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 {(2010)

Bar Council of India Vs. Union of India

Court : Supreme Court of India

Subject : Service

Acts : Legal Services Authorities Act, 1987 - Sections 22-A, 22-B, 22-C, 22-D, 22-E, 22-E(1), 22-C(8); Legal Services Authorities (Amendment) Act, 2002, 227Constitution of India - Articles 226

the matters wherein the constitutional validity of Parts I-B and I-C of the Companies Act, 1956 inserted by Companies (Second Amendment) Act, 2002 providing for the Constitution of National Company Law Tribunal and National Company Law Appellate Tribunal was under challenge. … by the Legal Services Authorities (Amendment) Act, 2002 (for short, ‘2002 Amendment Act’).2. By 2002 Amendment Act, in Section 22 of the 1987 Act, the words “Lok Adalat” were substituted by “Lok Adalat or Permanent Lok Adalat” and

ICICI Bank Ltd. and Others Vs. S. Kumars Nationwide Ltd.

Court : Mumbai

Subject : Land Acquisition

registered on 10 December, 2015, and therefore, these Petitions cannot proceed in view of the bar contained in Section 22 of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short SICA, 1985 ). 3. In contrast, it … September, 2009 creating a first paripassu charge over its fixed assets and second paripassu charge over its current assets in respect of movable properties of … stipulates that after the commencement of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( SARFAESI Act ), where a reference is pending before the BIFR, such reference shall abate if the … or unsecured. Therefore, the intent of Parliament when it introduced the two amendments to section 15(1) is clear. A special provision has been made in

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

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 … 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 … came up for hearing before a Division Bench of this Court on 22nd February 2008, the learned Counsel appearing for the respective parties relied upon

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 … India granted permission to allot shares in favour of Dr. Dutta on 22.3.1997 but the same was withdrawn on 20.5.1998 at the instance of the

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 … company court in the course of winding up proceedings cannot be converted as a writ court under Article 226 of the Constitution of India or exercise the inherent powers under the Criminal Procedure Code.Wherein Madras High Court

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

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 … respondent at a consideration of Rs.42.09 Crores, which offer was accepted. On 22/12/2003, an agreement was entered into between the first respondent and PT, against

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 … Memo of Parties before the High Court. The High Court issued notice on this Application and then on 22.7.1999 recalled the order dated 1.4.1999.9. On 3.1.2005, the decree-holder Bank filed Company Application No. 55 of 2005 under