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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 … the Division Bench and the Division Bench in turn by Order dated 29-8-2006 held that the view taken in Bais Surgical & Medical Institute Pvt.

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

Court : Mumbai

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 … preferring an appeal beyond 120 days.4. Mr. Shailesh Shah, learned advocate appearing for the applicant has submitted that Section 29(2) of the Limitation Act, 1963, provides that:Where any special or local law prescribes for any suit, appeal or

Duroflex Ltd. Vs. Johnny Mathew

Court : Kerala

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 … established under the Code of Civil Procedure especially in view of Section 29(2) of the Limitation Act. Section 29(2) of the Limitation Act reads as

Bank of Maharashtra Vs. Pandurang Keshav Gorwardkar and ors.

Court : Supreme Court of India

Subject : Company

has framed the Debts Recovery Tribunal (Procedure) Rules, 1993.37. The Companies Act has undergone substantial amendments by the Companies (Second Amendment) Act 2002 (11 of 2003) but no notification has been issued so far bringing Act 11 of 2003 into effect. … 529 and Section 529A being a subsequent enactment, the not obstante clause in Section 529A must prevail over Section 29 of the 1951 Act. This Court further said that the statutory right to sell the property by Corporation

Bank of Maharashtra Vs. Pandurang Keshav Gorwardkar and Others

Court : Supreme Court of India

Subject : Company

framed the Debts Recovery Tribunal (Procedure) Rules, 1993. 37. The Companies Act has undergone substantial amendments by the Companies (Second Amendment) Act 2002 (11 of 2003) but no notification has been issued so far bringing Act 11 of 2003 into effect. … 529 and Section 529A being a subsequent enactment, the non obstante clause in Section 529A must prevail over Section 29 of the 1951 Act. This Court further said that the statutory right to sell the property by Corporation

Toubro Infotech and Industries Vs. Securities and Exchange Board of In ...

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Subject : MRTP

Reported in : (2005)3CompLJ305SAT

introduction of Section 11(4) of the Act, which was inserted by the Securities and Exchange Board of India (Amendment) Act, 2002 Section 4(d) and came into force with effect from 29-10-2002? 10. First issue to be addressed to is whether … Annexure A-1 issued a show cause notice to the company under the heading "Violation of the Provisions of Companies Act, 1956 Notice for Prosecution". The first show cause notice of 25th of September 2000 is marked as … dated 25th of March, 2003. The first appellant is the company. The second appellant is the Managing Director. A common order has been passed by

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 … case was remanded back to BIFR. (iv) By a fresh order dated 29.12.2000, BIFR rejected the reference as not maintainable and the petitioner filed an

M/S. Svpcllimited,d. No.11-13-173/11and12 Vs. The State Bank ofindia a ...

Court : Andhra Pradesh

Subject : Land Acquisition

the SARFAESI Act and its Schedule (Act 54 of 2002) provide for amendment of SICA, by insertion of the second and third provisos to Section … Act, having been subsequently enacted, the non obstante clause in Section 529-A of the Companies Act prevailed over Section 29 of the State Finance Corporation Act, 1951. In Solidaire India Ltd.v.Fairgrowth Financial Services Ltd the Supreme Court, after … that the order passed by the DRAT on 17.06.2011 contravened the fiRs.and second provisos to Section 18(1) of the SARFAESI Act. Three weeks, after granting … notice issued under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Act 54 of 2002).(for short the SARFAESI Act).and the notice of the Advocate Commissioner dated 21.03.2014 intimating that

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 … third, that no interest could be awarded on the amount adjudged in the award beyond the provisions of Section 29 of the Arbitration Act. 86. It is seen above that, in Mohindra Supply Co. the court held that

S. Pattabhiraman Vs. Registrar of Companies

Court : Chennai

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