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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

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 … the price which the public would be willing to offer, which is not a mandatory requirement.Note on Clause 52 of the 1997 Bill explains the object and purpose of that Section as follows:“This Section provides for the

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 … of the statute and the mischief that it was intended to remedy.‖ 52 Bearing in mind the above caution, it may be of relevance to … 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

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 … 325 and Maharashtra Power Development Corporation Ltd. v. Dabhol Power Co. [2004] 52 SCL 224.5. We have considered the submissions of the learned Counsel for

C.Mangala Vijayalakshmi vs K.S.Kasimaris

Court : Chennai

‘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 … 44.Mr.J.Elumalai 45.Mr.S.Ramakrishnan 46.Ms.Vijaya Sudha 47.Mr.G.Satyanarayana 48.Mrs.R.Sharada 49.Mr.P.Rajendra Prasad Babu 50.Ms.Malleswari Nayagam 51.Mr.P.Raju 52.Mr.R.S.Soundar Rajan 53.Ms.S.Annalakshmi Jansi 54.Mr.R.Munusamy 55.Ms.P.Valliammal 56.Mr.R.Arunachalam 57.Mr.J.Karunakaran 58.Mr.M.Akbar Basha 59.Thirugnanam Mothilal 60.P.Sathyapriya

Arcelormittal India Private Limited Vs. Satish Kumar Gupta

Court : Supreme Court of India

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 … as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1). (5) Subject to Section 52, when a liquidation order has been passed, no suit or other legal proceeding shall be instituted by or

Nuziveedu Seeds Ltd. And Ors. Vs.monsanto Technology Llc and Ors.

Court : Delhi

Subject : Land Acquisition

(GATT), including the Trade- Related Aspects of Intellectual Property Rights (TRIPS) Agreement, India, inter alia, introduced the Patents (Amendment) Act, 2002, in June 25, 2002. This amendment altered the definition of “an invention” under Section 2(1)(j) to include the … the patented technology, it created a large number of donor Bt. cotton seeds and distributed them to seed companies, (including Nuziveedu and its subsidiaries under different agreements). The licensees agreed to payment of royalties for the use … judgment. The facts in Monsanto‟s appeal are referred to, for convenience.2. The second and third appellants in Monsanto‟s appeals are subsidiaries/affiliates of Monsanto Technology LLC … of Monsanto. FAO (OS) (COMM) 86/2017 & 76/2017 Page 25 of 60 52. Learned senior counsel also argued that Nuziveedu‟s claims, based on researchers‟ rights

Arun Kumar Jagatramka Vs. Jindal Steel And Power Ltd.

Court : Supreme Court of India

Subject : Land Acquisition

second amendment was made to various provisions of IBC, including Section 29A, under the Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, effective from 6 June 2018. A proviso was added to sub-Section (g) of Section 29A. Section 29A … scheme of compromise and arrangement under Section 230 of 4 5 the Companies Act, 2013 . The judgment was rendered in an appeal filed by … of India under Section 3 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (e) an Alternate Investment Fund registered with the Securities and Exchange Board of India; (f) … Adjudicating Authority, the liquidator shall have the following powers and duties, namely:-- xxx xxx xxx (f) subject to section 52, to sell the immovable and movable property and actionable claims of the corporate debtor in liquidation by public

Awlesh Kumar Singh and anr. Vs. Union of India (Uoi) and ors.

Court : Allahabad

Subject : Commercial

Acts : Constitution of India - Article 226

Reported in : I(2003)BC501

-A) was added to Article 226. This clause was subsequently re-numbered as Clause (2) by the Constitution Forty Second Amendment, Now Clause (2) of Article 226 reads as under:'(2) The power conferred by Clause (1) to issue directions, … by J.B. Holdings Ltd. at Shillong. The dispute arose between the two companies namely, India Farmers Pvt. Ltd. and J.B. Holdings Ltd. The fatter filed … cause of action in West Bengal. The facts were that the Rajasthan State Government issued a notice under Section 52(2) of the Rajasthan Urban Improvement Act, 1959 in relation to the acquisition of the land of the respondents.

M/S. Aaress Iron and Steel Limited vs the State of Karnataka

Court : Karnataka Dharwad

Koppal District, in favor of the petitioner company as part of the Second Phase of the industrial production activity, titled ‘Integrated Iron and Steel Plant’, … does not come under the ambit of entrepreneur as defined under Section 3(2) of the Karnataka Industries (Facilitation) Act, 2002. Therefore, the earmarking of 104 acres of land out of the land approved to the petitioner lacks authority. … not prevent one of the parties from dealing with the property constituting the subject matter of suit. The Section (52 of the TP Act, 1882) only postulates a condition that the alienation will in no manner affect the … of the project. 8.2. Thereafter, in the 29th SHLCC meeting held on06.09.2012, amending its earlier approval for acquisition of lands, recommended the respondent No 2