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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 … for short) against the Order dated 26-9-2005 of the Company Law Board. 3. This application has taken full circle so to say. It was filed

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

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 … appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of Section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of

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 … Kumar, C.J.Relevant Facts:1. Mohd. Riyazur Rehman Siddiqui met with an accident on 30th September 1986 on Bidar-Udgir road while he was driving a motor-cycle No.

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 … to fifty or more persons would be treated as public issue/offer in terms of the first proviso to Sub-section (3) of Section 67 of the Companies Act and the provisions of the Companies Act governing public issues and

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

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 … appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of Section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of

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 … P. Ltd., a company registered under the Companies Act, 1956, having the authorised share capital as on March 31, 1999, of Rs. 5 lakhs divided into 50,000 equity shares of Rs. 10 each.3. The main object of

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

Court : Allahabad

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 … Arati Dutta v. Eastern Tea Estate (P.) Ltd. : AIR 1988 SC 325 and Maharashtra Power Development Corporation Ltd. v. Dabhol Power Co. [2004] 52

Mr. Vijay Sharma and Mrs. Kirti Sharma Vs. Union of India (Uoi) Throug ...

Court : Mumbai

Subject : Constitution

Acts : Preconception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - Sections 2, 2(1), 3A, 4(5), 6 and 31A; Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 - Sections 2; Medical Termination of Pregnancy Act, 1997 - Sections 3 and 3(2); Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 - Sections 4, 4(2) and 5(2); Constitution of India - Articles 14, 21, 39, 51A and 226

Reported in : AIR2008Bom29; 2007(6)ALLMR336; 2007(5)BomCR710

1994 (for short, 'the said Act') as amended by The Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2002 (for short, 'the Amendment Act, 2002'). 2. Before dealing with the contentions raised in the petition, it must … mother who conceives a female child or a male child for the second or third time. The legislature has not appreciated that such anguish must … The Objects and Reasons of the Medical Termination of Pregnancy Act, 1997 (for short, 'MTP Act') read with Section 3(2)(i) thereof permit termination of pregnancy of a woman by a registered medical practitioner if the pregnancy would involve