Advanced Search Results

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 … had also prima facie violated Regulations 4(2), 5(1), 6, 7, 16(1), 20(1), 25, 26, 36, 37, 46 and 57 of ICDR 2009. Both the companies were, therefore, directed to show cause why action should not be initiated

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, … to show cause as to why supply of goods worth Rs. 64. 57 crores by NOCIL to PIL from April 1, 1993, should not be … 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

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 … the IBC are intended to ensure the resuscitation of the corporate debtor. 57 The enactment of the IBC is in significant senses a break from … 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

Rci Power Limited Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Subject : Electricity

Acts : Constitution of India - Article 226; Andhra Pradesh Electricity Reforms Act, 1998 - Sections 11, 11(1), 12, 12(3), 15(4), 26, 26(5), 54(2), 56(2) and 56(3); Electricity Regulatory Commission Act, 1998 - Sections 22, 22(1) and 29; Transfer Scheme Rules

Reported in : AIR2004AP60; 2003(3)ALD762

generating plants (both Mini Power Plants and non-conventional energy developers) 41 Generating Companies entered into agreements with the Board before the Reforms Act came into … is any hostile discrimination. That is a different 'cup of tea' altogether.The second observation we wish to make is, legislative action, plenary or subordinate, is … 1973 and the Code of Criminal Procedure, as well as the Prevention of Corruption Act and Criminal Law Amendment Act, having surveyed the case law, the Supreme Court enunciated the principles as follows:84. So far as the Concurrent … in Writ Petition Nos. 4770 and 4771 of 2002 are the appellants in CMA Nos. 1351 and … to the extent modified by the Reforms Act and they are to be treated as cognate Acts. Under Section 57 of the Reforms Act, the powers of other authorities and the State Government under both the Acts and

Oberoi Constructions Private Limited a Company Registered Under the Co ...

Court : Mumbai

Subject : Environment

Acts : Aircrafts Act; Bombay Municipal Corporation Act 1888 - Sections 354A; Bombay Town Planning Act, 1954 - Sections 3(1), 4(1), 9 and 10(1); Cantonment Act, 1910; Code of Civil Procedure (CPC) - Order 5; Constitution (42nd Amendment) Act, 1976 - Sections 57; Constitution of India - Articles 14, 21, 48A, 51A, 141, 226, 227, 245, 246, 246(1), 300A and 372(1); Development Control Regulations, 1991;Evidence Act - Sections 114; Forest Act, 1865 - Sections 34A and 38; Forest Act, 1878; Forest Conservation Act, 1980; Government of India Act 1935; Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945; Indian Forest Act, 1927 - Sections 1, 2, 2A, 3 to 26, 34., 34A, 35, 35(1), 35(3), 35(4), 36, 36A, 36B, 36C, 37 and 38; Land Acquisition Act, 1894 - Sections 11A; Limitat

Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951

list' (List III). Entry 17A reads thus:'Entry 17A:- (F) Forest' This has been inserted by the Constitution (Forty Second Amendment) Act, 1976, Section 57 ( with effect from 3rd January, 1977). The net result of this is that by … of the villages stipulated therein. A reference is made to this Court's order in PIL No. 17 of 2002 and it is stated that the area which has been stipulated in the notice against the village and

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

Shree Mahabaleswara Auto Industries (P) Ltd. Vs. Union of India, Repre ...

Court : Chennai

Subject : Company

Reported in : 2012(7)MLJ805

standard and hence the same need to be quashed. 20. It is to be pointed out that the Companies (Second Amendment) Act, 2002, which was to take effect from 1.4.2003 with reference to the National Company Law Tribunal had not been … the sixth respondent has also filed Company petition No.57 of 2007 before the Company Law Board, Chennai, invoking Sections 111, 235, 397, 398 and 402 of the Companies Act, arraying the petitioner company as Respondent No.1 and

Thiru. R. Gandhi President, Madras Bar Association Vs. Union of India ...

Court : Chennai

Subject : Company

Acts : Constitution of India - Articles 14, 19(1), 50, 226 and 323; Companies Act 1956 - 10FB, 10FD(2), 10FD (3), 10FD(3), 10FE, 10FF, 10FK(2), 10FO, 10FR(3), 10FX, 79(1), 79(3), 117B, 118(3), 144(4), 163(6), 167, 188(5), 196(4), 219 (4), 225(3), 284(4), 304 (2)(b), 307 (9) and 621A; Companies (Amendment) Act, 2002

Reported in : [2004]120CompCas510(Mad); (2004)2CompLJ274(Mad); 2004(2)CTC561; [2004]52SCL79(Mad)

country, has, in this petition, questioned the constitutional validity of the amendment effected to the Companies Act by Companies (Second Amendment) Act, 2002 whereby provision is made for setting up of a National Company Law Tribunal (Tribunal) as also a National … By reason of the Constitution (Forty-second Amendment) Act, 1976 and by Section 57(a)(vi) thereof, it was inserted into List III as Item 11-A'. 26. The … other matters, are transferred. 2. The jurisdiction of the High Court transferred to the Tribunal are those under Sections 100 to 104, 107, 203, 243, 318(3)(d), 391, 392, 394, 394A, 395, 424, 425, 426, 427, 433, 434(1)(b),

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 … by a common order. FACTS IN COMPANY APPEAL (L) NO. 47 OF 2012: 2. By this appeal under section 10F of the Companies Act, 1956, the appellant challenges the order dated 12th October, 2012 passed by the … no. 2 had filed application under section 8 in Company Petition No. 57 of 2012 filed by the appellant under section 397 and 398 read

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 … the parties and perused the record.4. The facts of the case are that on a Company Petition No. 57 of 1983 - S.P. Nagrath & Co. v. Bareja Knipping Fasteners Ltd., the High Court vide order dated