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Mineria Nacional Limitada, a Partnership Firm and Shri Anil Vasudeva S ...
Mumbai
Mar-23-2007
CompanyLimitation
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
(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 … the Act. 9. In State of Goa v. Western Builders : AIR2006SC2525 the Apex Court was dealing with Section 43 of Arbitration and Conciliation Act, 1996 which inter alia provided that the Limitation Act, 1963 shall apply to
Tag this Judgment! AI Brief & AskGopal Krishan vs.super Cassettes Industries Ltd. & Ors.
Delhi
May-10-2019
Company
since in fact the repeal of the said provision had not been notified till April 2015. (b) The Companies (Second Amendment) Act 2002, the Press Note No.2/2003 dated 4th April 2003, the notification dated 10th July, 2012 of the Ministry of … the Applicant. According to the contesting... RESPONDENTS at the time that the application was filed on 22nd July 2002 Section 391 (7) of the Act had not been repealed and an appeal could have been filed thereunder. This … review. (iv) In terms of Order 47 Rule 7 read with Order 43 Rule 1 (w) of the Code of Civil Procedure, 1908 (CPC) an
Tag this Judgment! AI Brief & AskM/S United Breweries (Holdings) Limited vs Offilical Liquidator
Karnataka
Jun-16-2025
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 … 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 OF 2017 IN COMPANY PETITION NO.57/2012 BETWEEN: M/S UNITED BREWERIES (HOLDINGS)
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State Bank of India Vs. V. Ramakrishnan
Supreme Court of India
Aug-14-2018
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 … of sick companies before the National Company Law Tribunal. xxx xxx xxx 43. Close on the heels of the amendment made to the Companies Act … separately in the case of personal guarantors against whom insolvency resolution processes may be initiated under Part III. Secondly, the protection of the moratorium under these Sections is far greater than that of Section 14 in that
Tag this Judgment! AI Brief & AskC.Mangala Vijayalakshmi vs K.S.Kasimaris
Chennai
Aug-29-2025
‘Any person aggrieved by any decisionor 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 … CKJ) Prayer in O.S.A.No.430 & 431 of 2001: Appeals filed under Clause 15 of Letters Patent read with Section 483 of Companies Act 1/1956 to set aside the order passed in C.P.Nos.274, 199 of 1998 dated 19.10.2001 … HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR O.S.A.Nos.430 & 431 of 2001, Com.Appeal No.17 of 2009 and CMA No.403 of 2007 And
Tag this Judgment! AI Brief & AskCommissioner of Income Tax Vs. Woodward Governor India Pvt. Ltd.
Delhi
Apr-30-2007
Direct Taxation
Income Tax Act, 1961 - Sections 28, 33, 37, 43, 43A, 43(1), 43(2), 145, 145(1) and 145(2); Companies Act - Sections 209(3); Income Tax Act, 1922 - Sections 10(2) and 10(5); Finance Act, 1967; Finance Act, 2002
(2007)210CTR(Del)354; 142(2007)DLT650; [2007]294ITR451(Delhi)
is whether the Appellant is right in contending that amendment to Section 43-A brought about by the Finance Act, 2002 with effect from 1-4-2003 is merely clarificatory and, thereforee, retrospective. One reason for this contention is that the … the income is reflected even where there is no actual receipt of money. Moreover, Section 209(3) of the Companies Act makes it mandatory for companies to keep accounts on accrual basis only.11. The concept of 'accrual' has … be taken into account to modify the figure of actual cost and secondly that such adjustment should be made in the year in which the
Tag this Judgment! AI Brief & AskMadras Bar Association Vs. Union Of India
Supreme Court of India
Jul-14-2021
Land Acquisition
powers relating to winding up vested in the High Courts. The Government accepted the recommendations and passed the Companies (Second Amendment) Act, 2002. The reason for the said amendment was to avoid multiplicity of litigation before various fora and to reduce … JUDGMENT L. NAGESWARA RAO, J.1. The Madras Bar Association has filed this Writ Petition seeking a declaration that Sections 12 and 13 of the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 and Sections 184 and … be clearly informed that 31 358 U.S. 1 (1958) 32 384 U.S. 436 (1966) 37 | Pa ge he has the right to consult with
Tag this Judgment! AI Brief & AskHolland (Respondent) Vs. the Commissioners for Her Majesty's Revenue a ...
UK Supreme Court
Nov-24-2010
Land Acquisition
liability pursuant to section 727 of the Companies Act 1985 ("CA 1985"). Second, he held that Mr Holland was entitled to a short period of … Bank v Pakistan National Shipping Corpn [2002] UKHL 43; [2003] 1 AC 959, is of no assistance … 1986 ("IA 1986"). It was alleged that Mr and Mrs Holland were de facto directors of 42 insolvent companies of which HMRC is the only creditor, and that they had been guilty of misfeasance and breach of … de facto directors are within section 212 IA 1986. That section, as amended by para 18 of Schedule 17 to the Enterprise Act 2002, provides … within section 212 IA 1986. That section, as amended by para 18 of Schedule 17 to the Enterprise Act 2002, provides so far as relevant as follows: "(1) This section applies if in the course of the winding
Tag this Judgment! AI Brief & AskCommissioner of Income Tax Vs. Piccadily Agro Industries Ltd.
Punjab and Haryana
Aug-06-2007
Direct Taxation
(2007)212CTR(P& H)505; [2009]311ITR24(P& H)
written down value of such assets, prescribed under this Act immediately before the commencement of the Taxation Laws (Amendment) Act, 1991.Explanation 1 - Where the business or profession of the assessee is carried on in a building not … order of assessment under Section 143(3) of the Act on 1st Nov., 2002 against which the assessee preferred an appeal before the CIT(A), Karnal, which … against which the assessee preferred an appeal before the CIT(A), Karnal, which was partly accepted vide order dt. 2nd Sept, 2003. The Revenue went in appeal against order dt. 2nd Sept, 2003 before the Tribunal, New Delhi, … the same meaning as in Clause (c) of Sub-section (6) of Section 43.(iii) to (vi) omitted..10. A perusal of the aforementioned provision shows that depreciation
Tag this Judgment! AI Brief & AskSubhash Chander Vs. Fathay Singh
Delhi
Jul-25-2016
Land Acquisition
defence-appeal dismissed with costs of Rs. 2,00,000/- (B) Transfer of Property Act, 1882-Section 106 (3)-Notice terminating tenancy -By amendment of 2002, by sub-section (3), raising of technical defences as to validity of 15 days notice to terminate … Valmiki J. Mehta, J. (Oral) 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/plaintiff/landlord against
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