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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 … and Bankruptcy Fund of India for the purposes specified in the Code.‖ 54 The salient aspects which emerge from the state of the law prior … 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

Sharath Rukmangada and Another Vs. Cauvery Papers Limited (In Liqn), R ...

Court : Karnataka

Subject : Company

or before or after commencement of the Companies (Amendment) Act, 1960] (65 of 1960) (3) ***Omitted by the Companies (Second Amendment Act) Act, 2002 (4) Nothing in sub-section (1) or sub- section (3) shall apply to any proceeding pending in

C. Valli Narayan Vs. C. Vinod Hayagriv

Court : Karnataka

Subject : Company

provides for enforcement of orders of Company Law Board deals only with final orders. More over by the Companies (Second Amendment) Act 2002, said proviso has been made inapplicable. On the contrary Regulation 47 of the COMPANY LAW BOARD REGULATIONS, 1991 … (BY SRI.JANEKERE C KRISHNA FOR A-1 TO A-6, SMT.GAYATHRI BALU, ADVOCATE FOR A-7) THIS CCC IS FILED UNDER SECTIONS10 11 & 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE

C. Valli Narayan Vs. C. Vinod Hayagriv and Others

Court : Karnataka

Subject : Company

provides for enforcement of orders of Company Law Board deals only with final orders. More over by the Companies (Second Amendment) Act 2002, said proviso has been made inapplicable. On the contrary Regulation 47 of the COMPANY LAW BOARD REGULATIONS, 1991 … is no specific provision for proceeding against a person who had disobeyed the orders of the Board. However, Section 634A which provides for enforcement of orders of Company Law Board deals only with final orders. More over

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, … Companies (Special Provisions) Act, 1985, inserted by way of amendment under Act 54 of 2002 (ii) Whether the secured creditors are obliged to seek permission … 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

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 indicated by the words “unless the contrary is established” (see paragraph 54 of Daiichi (supra.)). Finally, this Court held that whether a person is

M/S. Uniword Telecom Ltd. and Another Vs. State of U.P. and Others

Court : Allahabad

Subject : Education

the Bank under Section 13(4) of the Act, 2002 has filed the second writ petition. We have heard Shri R.Venkatramani, learned Senior Advocate, assisted by … any such law." Section 41 of the SARFAESI Act, 2002 provides for amendment in certain enactments as specified in the schedule. Section 41 read with … inserted in the Act, 1985 by Act No. 54 of 2002 is a subject matter of consideration … facts giving rise to both the writ petitions are: The petitioner no.1 is a registered company under the Companies Act, 1956, and has been carrying out its activities since 1995. The petitioners' company suffered heavy losses in … dated 01/8/2012, under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter called the "Act, 2002") to the petitioners to discharge in full all liabilities to the consortium of

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 … 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) … scheme of compromise and arrangement under Section 230 of 4 5 the Companies Act, 2013 . The judgment was rendered in an appeal filed by

Niphad Sahakari Sakhar Karkhana Ltd. and Others Vs. State of Maharasht ...

Court : Mumbai

Subject : Land Acquisition

amendment. The contention as raised in writing is that if a statute is first amended and by the second amendment, the first amendment is deleted does not mean that the position prior to the first amendment stands automatically … Act XX of 2002. He would submit that section 1(2) (a) of this Maharashtra Tax Laws (Levy and Amendment) Act, 2002, Maharashtra Act XX of 2002 refers to the amendments to the Act of 1962. He would submit that … therefore, governed by the Sale of Goods Act. In para 36, Entry 54 of List II of the VIIth Schedule to the Constitution of India

Fazal Ali Vs. Amna Khatun and ors.

Court : Rajasthan

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100A; Code of Civil Procedure (CPC) 2002; Motor Vehicles Act, 1988

Reported in : II(2004)ACC655; 2005ACJ29; AIR2004Raj39; 2005(1)KLT828; RLW2004(3)Raj1454; 2004(1)WLC339

Motor Vehicles Act is not maintainable in view of Section 100A introduced by the Code of Civil Procedure (Amendment) Act, 2002 with effect from 1-7-2002?2. The impact of Section 100A with respect, to special appeals preferred under Section 18 … in the High Court but in the State Government.23. In Associated Cement Companies Ltd. v. P.N. Sharma, AIR 1965 SC 1595 making distinction between the … been introduced to minimize the delay and, as such, to curtail the second appeal in the third Forum, the non-obstante clause has been appended to … of the Letters Patent Appeal against the decision of the learned single Judge on an appeal preferred under Section 54 of the Land Acquisition Act. The three Judges Bench held that the Letters Patent appeal will lie unless