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National Organic Chemical Industries Ltd. and anr. Vs. State of Mahara ...

Court : Mumbai

Subject : Sales TaxCompany

Acts : Bombay Sales Tax Act, 1959 - Sections 33C; Companies Act, 1956 - Sections 391 and 394; Maharashtra Tax Laws (Levy and Amendment) Act, 2002

Reported in : [2004]118CompCas556(Bom); (2004)2CompLJ160(Bom); [2004]51SCL629(Bom); [2004]135STC50(Bom)

J.P. Devadhar, J.1. By the Maharashtra Tax Laws (Levy and Amendment) Act, 2002, published on May 4, 2002, Section 33C has been inserted into the Bombay Sales Tax Act, 1959 ('the … is not competent to declare that for the purposes of sales tax, the date of amalgamation of the companies shall not be from the date declared by the court or the Central Government under the Companies Act, … by the court or the Central Government under the above Act and secondly, assuming the State has such legislative competence, then, such power cannot be … authority, however, by an order dated March 31, 1998, passed under Section 55(6) of the BST Act, rejected the contention of the petitioners and held

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 strength and weakness of the company, its creditworthiness, credence and confidence of promoters and the company’s prospects. Section 55 of the Act provides that a prospectus issued by or on behalf of a company or in relation

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 … of the PPA, the compensation for termination of the PPA is Rs 55.80 crores; and (c) The issues relating to tariff determination and replacement of

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 … and then on 22.7.1999 recalled the order dated 1.4.1999.9. On 3.1.2005, the decree-holder Bank filed Company Application No. 55 of 2005 under Rule 9 of the Company (Court) Rules, 1959 read with Sections 17 and 18 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 … of the exceptions carved out in Baburam Prakash Chandra Maheshwari Vs. Antarim Zila Parishad Manu/SC/0399/1968: AIR 1969 SC 556; Whirlpool Corporation Vs. Registrar of Trade marks, Mumbai Manu/SC/0664/1998: (1998)8 SCC 1 and Harbanslal Sahnia and Anr Vs.

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 … 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 61.M.Nandinidevi 62.M.Deepa Sundaram (RR59 to

Brunton Developers vs United Breweries (Holdings) Limited (in Liquidat ...

Court : Karnataka

recovery of any tax or impost or any dues payable to the Government.1. Substituted by the Companies (SecondAmendment) Act, 2002 (w.e.f. a date yet to be notified). Prior to its substitution, section 537 read as under: "537. Avoidance … the Developer was entitled to 45% share in each unit, while the first respondent was entitled to retain 55% share in each unit.6. Accordingly, Unit No. 202 (New No. 222), comprising 4,210 sq. ft. of covered space,

Harikumar Rajah, vs the Sovereign Dairy Industries

Court : Chennai

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 … & 12053/19][R12 and R13 impleaded vide order dated 14.06.2019 in CMP Nos.9707 & 12053/19] Prayer : Appeal under Section 10F of the Indian Companies Act, 1956 against the order dated 01.01.2001 passed in C.P.No.81 of 1998 on

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 … entered into any fraudulent, sham, circuitous device so as to overcome statutory 55 provisions like Section 29(1)(a). It is trite law that any approval/permission obtained

P.Kumar Vs. Secretary to Government

Court : Chennai

Subject : Education

for the petitioner would submit that Chapter IV A of the Companies Act was introduced by means of Companies (Second Amendment) Act, 2002. He would further submit that as per the said amendment, in the place of ".Company Law Board"., ".Tribunal". … Government Arts College, Nandanam. This Court had the benefit of hearing them also. According to them, as per Section 388-E of the Act, which was introduced by means of Companies (Second Amendment) Act, 2002, the ".Tribunal". alone … answers in Commerce subject. The petitioner challenges key answers to Question Nos. 55, 61, 73, 77, 90, 102, 103, 111 and 150 in ".B". Series.15.