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Sumitomo Corporation Vs. Cdc Financial Services (Mauritius) Ltd. and o ...

Court : Supreme Court of India

Subject : Civil

Acts : Companies Act, 1956 - Sections 2(11), 10(1), 10F, 397, 398, 399 and 402; Arbitration and Conciliation Act, 1996 - Sections 2, 8, 37, 44, 45, 47, 47(2), 48 and 50; Companies (Second Amendment) Act, 2002; Companies (Amendment) Act, 1988; Code of Civil Procedure (CPC) , 1908 - Sections 16 to 20

Reported in : AIR2008SC1594; 2008(1)ARBLR452(SC); (2008)1CompLJ393(SC); JT2008(3)SC32; 2008(4)MhLj31; 2008(3)SCALE92; (2008)4SCC91; [2008]82SCL495(SC); 2008AIRSCW1766; MANU/SC/1101/2008

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 … appellant herein i.e. S.C. filed an application being C.A. No. 259 of 2006 seeking reference to arbitration under Section 45 and alternatively under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Arbitration

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 … Vs. Cheran Enterprises P. Ltd and others, reported in (2007)138 Comp Cas 454 (CLB). (iii) M/s. Gharda Chemicals Limilted Vs. Jer Rutton Kavasmanek alias Jer

Karvy Consultants Ltd. Vs. Asstt. Commr. of Cus. and C. Ex.

Court : Andhra Pradesh

Subject : Service Tax

Acts : Reserve Bank of India Act, 1934 - Sections 45, 45(1) and 45I; Finance Act, 1994 - Sections 65, 73(1), 75, 76, 77 and 78; Companies Act; Finance Act, 2001 - Sections 65(11), 65(73) and 65(90); Finance Act, 2002; Finance Act, 2004

Reported in : 2006[]STR7

before the case was adjudicated.4. The petitioner, a company registered under the Companies Act, was earlier, in the course of its business, carrying on depository … Section 65(90) (zm) as they stood prior to amendment by the Finance Act, 2004, it was only … (zp) was omitted by Finance Act of 2004 with effect from 10-9-2004.8. Sub-clause (zp) as incorporated by Finance Act, 2002 with effect from 16-8-2002 and Sub-clause (zm) as amended by Finance Act, 2004 with effect from 10-9-2004 read … deposits and advanced loans and was therefore required to lake a licence as a non-banking financial Company under Section 45 of the Reserve Bank of India Act. During the year 1997, the petitioner is said to have resolved … two conditions. Firstly, the non-banking institution is required to be a company. Secondly, the said company is required to have as its principal business receipt

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 … public financial institution specified under Section 4A or non-banking financial company referred to in clause (f) of section 45-I of the Reserve Bank of India Act, 1934 (2 of 1934).4) Without prejudice to the generality of sub-

Gujarat Urja Vikas Nigam Limited Vs. Amit Gupta

Court : Supreme Court of India

Subject : Land Acquisition

Courts.4. It is stated that the recommendations of the Eradi Committee were accepted by the Government and Company (Second Amendment) Act, 2002 was passed providing for establishment of NCLT and NCLAT to take-over the functions which are being performed by … provides that the State Commission shall discharge the function of adjudicating ―the disputes between the licensees, and generating companies and to refer any dispute for arbitration‖. Therefore, any issue in relation to the PPA must be raised … JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into sections to facilitate analysis. They are: A The appeal B The genesis of … Section 446(2) of the CA1956 Section 4(1) of the PIA and Section 45-B of the BRA; (iv) The expressions used in Section 60(5)(c), i.e., ‗relating

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 … but nothing in this section shall affect or take away any right to appeal to the Supreme Court. Section 45 45. Power of judicial authority to refer parties to arbitration. Notwithstanding anything contained in Part I or in

E.Bapanaiah Vs. K.S.Raju Etc.

Court : Supreme Court of India

Subject : Contempt of Court

as under:- “Provided that the provision of this section shall not apply on and after commencement of the Companies (Second Amendment) Act, 2002.” As such, on the date (3.8.2007) order passed by learned single Judge, the depositor had no option of … public. The present appellant deposited ?..40,00,000/- (?. forty lakhs) hoping that the same would multiply to double within 45 months as projected in the advertisement. The said amount was deposited in eight fixed deposits of ?..5,00,000/- (?.

Md.MoiuudIn Vs. Most.Haliman Nisa and ors

Court : Supreme Court of India

Subject : Contempt of Court

as under:- “Provided that the provision of this section shall not apply on and after commencement of the Companies (Second Amendment) Act, 2002.” As such, on the date (3.8.2007) order passed by learned single Judge, the depositor had no option of … public. The present appellant deposited ?..40,00,000/- (?. forty lakhs) hoping that the same would multiply to double within 45 months as projected in the advertisement. The said amount was deposited in eight fixed deposits of ?..5,00,000/- (?.

Vijay Sekhri and Another Vs M/S. Tinna Oils and Chemicals and ors

Court : Delhi

Subject : Companies Act

Acts : Companies Act, 1956 - Sections 10F , 50 ; Arbitration Act - 8 ; 45

person aggrieved by any decision or order of the Company Law Board 2[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 … NOS. 1701-1702/2010 in Company Law Board (hereinafter referred to as CLB, for short) has allowed the applications under Section 45 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as Arbitration Act, for short) and these orders

Subhash JaIn Vs. Pioneer Shopping Complex (P.) Ltd.

Court : Kerala

Subject : Company

Acts : Companies Act, 1956 - Sections 10F, 397, 398, 402 and 634A; Companies (Amendment) Act, 1988; Companies (Amendment) Act, 2002; Companies (Court) Rules, 1959 - Rule 9; Code of Civil Procedure (CPC)

Reported in : [2008]142CompCas533(Ker); [2007]79SCL289(Ker)

for gain:Provided that the provisions of this section shall not apply on and after the commencement of the Companies (Second Amendment) Act, 2002.Section 634A has conferred power on the Company Law Board to enforce its orders. Section 634A says that … the Company Law Board whereby they have valued the shares of the company as on 31-3-1994 at Rs. 45,763 per equity share. It was stated that the appellants who hold 250 shares are entitled to Rs. 1,14,40,750