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Mar 08 2021

Gujarat Urja Vikas Nigam Limited Vs. Amit Gupta

Court : Supreme Court of India

Decided on : Mar-08-2021

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 … adjudicate matters arising from or in relation to the insolvency resolution process. 64 In this context, it would be useful to trace the history of … 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

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Jan 08 2004

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

Court : Mumbai

Decided on : Jan-08-2004

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 … to PIL, during April 1, 1993, to November 10, 1994, was Rs. 64.57 crores and the sales tax provisionally collected pending approval of the scheme

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Aug 31 2012

Sahara India Real Estate Corporation Limited and Others. Vs. Securitie ...

Court : Supreme Court of India

Decided on : Aug-31-2012

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 … that to deprive them of such an opportunity would be a serious infraction.35. Learned senior counsel referring to Section 64 of the Companies Act submitted that the expression “deemed to be prospectus” indicates that whenever shares or debentures

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May 07 2013

Bank of Maharashtra Vs. Pandurang Keshav Gorwardkar and ors.

Court : Supreme Court of India

Decided on : May-07-2013

Subject : Company

has framed the Debts Recovery Tribunal (Procedure) Rules, 1993.37. The Companies Act has undergone substantial amendments by the Companies (Second Amendment) Act 2002 (11 of 2003) but no notification has been issued so far bringing Act 11 of 2003 into effect. … reference was made by the Company to the Board for Industrial and Financial Reconstruction, New Delhi (BIFR) under Section 15(1) of Sick Industrial Companies (Special Provisions) Act, 1985 (for short, ‘SICA’). On 1.9.1993, BIFR passed an order … of his submissions, learned senior counsel placed reliance upon paragraphs 50, 63, 64 to 70 of the decision of this Court in Allahabad Bank v.

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May 07 2013

Bank of Maharashtra Vs. Pandurang Keshav Gorwardkar and Others

Court : Supreme Court of India

Decided on : May-07-2013

Subject : Company

framed the Debts Recovery Tribunal (Procedure) Rules, 1993. 37. The Companies Act has undergone substantial amendments by the Companies (Second Amendment) Act 2002 (11 of 2003) but no notification has been issued so far bringing Act 11 of 2003 into effect. … reference was made by the Company to the Board for Industrial and Financial Reconstruction, New Delhi (BIFR) under Section 15(1) of Sick Industrial Companies (Special Provisions) Act, 1985 (for short, ‘SICA’). On 1.9.1993, BIFR passed an order … of his submissions, learned senior counsel placed reliance upon paragraphs 50, 63, 64 to 70 of the decision of this Court in Allahabad Bank v.

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May 18 2006

The Customs Superintendent, Central Excise Vs. Punjab Wireless System ...

Court : Punjab and Haryana

Decided on : May-18-2006

Subject : Company

Reported in : (2007)4PLR4

in the custody of the Court (Tribunal), as has been sought to be substituted by way of the Companies (Second Amendment) Act, 2002, from the date of the order for the winding of Company. For reference the aforesaid provision is reproduced … Liquidator, in the present case, has only a right to inspect and preserve the detained goods as per Section 64 of the Customs Act. It is also the stand mat as per Section 71 of the Customs Act,

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Aug 28 2009

Chemtura Corporation Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Aug-28-2009

Subject : Intellectual Property RightsCivil

Acts : Patents Act, 1970 - Sections 3, 8, 8(1), 8(2), 11A(7), 12, 13(4), 25, 47 and 48, 48(1), 48(2), 53, 64, 64(1), 68, 69, 107 and 156; Code of Civil Procedure (CPC) - Sections 80 - Order 39, Rules 1, 2 and 4; Patents Rules, 2003 - Rules 12(1), 12(3), 15 and 25

Reported in : 2009(41)PTC260(Del)

quoted application has been examined under Section 12 of the Patents Act, 1970, as amended by the Patents (Amendment) Act, 2002 and the first statement of objection of forwarded herewith the compliance. The documents noted in the margin are … The Plaintiff states that it has licensed the said device to three companies in Lucknow. These companies are Avadh Rubber Ltd., Aryan Exporters Pvt. Ltd., … a carriage. A two stage suspension system comprising a primary and a secondary stage is generally employed on the wheel trucks. Although in India we … shape of the elastomeric member. Therefore the patent was liable to be revoked on the grounds mentioned in Section 64(1) (j) and (m) of the Act. 22. On merits it is submitted that the invention for which the

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Apr 22 2013

Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...

Court : Chennai

Decided on : Apr-22-2013

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 … Securities and Credit (P) Ltd. v. Modi Rubber Ltd. (2006 (12) SCC 642). It was held in the said decision that BIFR has powers under

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Aug 08 2013

Ajantha Pharma Limited, a Company Incorporated Under the Companies Act ...

Court : Intellectual Property Appellate Board IPAB

Decided on : Aug-08-2013

Subject : Land Acquisition

rejection dated June 4,2007. b) US7030149: non final rejection dated October 3, 2002; non final rejection dated May 7, 2003; final rejection dated August 26, … applicant referred to the communication exchanged between the respondent and its Attorney to show that the ground of Section 64 (1) (j) has been made out. As regards the absence of expert evidence, it was submitted that expert … ingredients in single formulation; b) Further, there was a possibility of reactivity between Brimonidine and Timolol because the secondary amines in brimonidine can act as nucleophiles that attach the electron poor carbon-nitrogen double bonds present in Timolol; … therefore it must be rejected. At the oral hearing, the respondent filed amendments to be granted claim which covers the commercial embodiment Combigan®. He relied

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Sep 29 2022

M/s Jindal Steel And Power Ltd. Vs. Chattisgarh State Elect. Reg. Comm ...

Court : Supreme Court of India

Decided on : Sep-29-2022

Subject : Land Acquisition

or the company referred to in sub­Section (2) of Section 131 of this Act and the company or companies created in pursuance of the Acts specified in the Schedule, shall be deemed to be a licensee under … as recommended by the CSEB on certain terms and conditions. Vide its second order, relating to the No­Objection of the State Government regarding direct power … 1 SCR580 22.8 It was further submitted that on the basis of amendment that came into effect on 27.01.2004, the legislature replaced the 25 word … For determination of tariff in the area of supply, the distribution licensee shall file the necessary application under Section 64 of the Act and clause 10 of the CSERC (Details to be ' furnished by licensee or generating

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