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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 … and the issuance of OFCDs were in compliance with the applicable laws. Following the above, another letter dated 26.2.2010 was also sent by the Merchant Banker to SEBI stating that SIRECL and SHICL had issued the OFCDs

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Oct 04 2018

Arcelormittal India Private Limited Vs. Satish Kumar Gupta

Court : Supreme Court of India

Decided on : Oct-04-2018

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 … to which my Advisor had requested certain clarifications from AM India on 26 February 2018 (Request for Clarification1) and on 14 March 2018 (Request for

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Apr 22 2013

Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...

Court : Chennai

Decided on : Apr-22-2013

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 … 1,062 cases have been disposed of. Out of the cases disposed of, 264 cases were revived, 375 cases were under negotiation for revival process, 741

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Aug 21 2017

Securities and Exchange Board of India Vs. Classic Credit Ltd.

Court : Supreme Court of India

Decided on : Aug-21-2017

Subject : MRTP

and 26 of ‘the SEBI Act’, as they existed prior to the Securities and Exchange Board of India (Amendment) Act, 2002 (hereinafter referred to as ‘the 2002 Amendment Act’). It was the submission of the private parties, that the … not serve as effective deterrents. At present, under section 209A of the Companies Act, 1956, the SEBI can conduct inspection of listed companies only for … maximum punishment that could be awarded was up to seven years. The second entry of this Part II laid down that such offences were triable … Act, 1992 (hereinafter referred to as ‘the SEBI Act’). At the time when the complaints were filed under Section 26(2) of ‘the SEBI Act’, the concerned accused were to be tried by a Metropolitan Magistrate (or, a 1

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Dec 06 2006

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

Court : Supreme Court of India

Decided on : Dec-06-2006

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 … Markandey Katju, J.1. Leave granted.2. This appeal has been filed against the impugned judgment and order dated 26.5.2005 of the Punjab & Haryana High Court in Execution Petition No. 1-L of 1999 by which the execution

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Nov 30 2012

Arunachalam Muthu Vs. Nafan Bv and Others

Court : Mumbai

Decided on : Nov-30-2012

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 … September 2011, 8th November 2011, 14th March 2012, 15th March 2012 and 26th April 2012. 3.3 In view of the transfer of Shri Kanthi Narahari

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Dec 18 2009

U.P. Cement Vetanbhogi Sahkari RIn Samiti Ltd. Vs. Official Liquidator

Court : Allahabad

Decided on : Dec-18-2009

Subject : CivilCompany

Reported in : [2010]97SCL196(All)

provides as follows: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 … in Section 104(1) and incorporated Section 4 in the CPC. Thus now a specific exclusion was provided. After 2002, Section 100A reads as follows:100A. No furtherappealin certain cases.- Notwithstanding anything contained in any Letters Patent for any High … judgment and order of the learned Single Judge of this Court dated 26-5-2009 deciding the Application for Correction in an earlier order dated 27-4-2007 passed

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Nov 06 2012

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

Court : Mumbai

Decided on : Nov-06-2012

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 … to be considered in the present appeal is whether the order dated 26.09.2006 of the CLB refusing to refer parties to arbitration under Section 45

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Aug 06 2015

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

Court : Mumbai Goa

Decided on : Aug-06-2015

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 … clauseImpleadment of FRHL(respondent no.11), Anju Timblo (respondent no.12) and FRPL (respondent no.13) 26. The perusal of the impugned order would show that the amendment/ impleadment … 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

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