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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 … Tribunal and the pending references before BIFR/ AAFIR shall abate.‖ (emphasis supplied) 65 The above report was discussed in the decision of this Court in … 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

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 … SEBI, in fact, an amendment was made to Schedule II of the Companies Act vide notification No. GSR 650(3) dated 17.9.2002 by inserting a declaration which has to be signed by the directors of the company filing

Vivek Hire Purchase and Leasing Limited Rep. by Its Vice President, Mr ...

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 433 and 434

Reported in : [2006]129CompCas343(Mad); 2005(1)CTC524; (2005)2MLJ8; [2005]62SCL245(Mad)

to whom the company is indebted in a sum exceeding rupees one lakh (substituted for Rs. 500 by Companies (Second Amendment) Act, 2002) then due, has served on the company, by, causing it to be delivered at its registered office, by … entitled to seize the assets and the same is pending. On 22.6.2002, the petitioner issued a notice under Section 434 of the Companies Act, calling upon the petitioner to pay the sum of Rs. 9,46,503 due as … last instalment was on 26.8.2002. The respondent is liable to pay Rs. 65,018 for the first 23 instalments and Rs. 65,012 towards 24th instalment. The

Gopal Krishan vs.super Cassettes Industries Ltd. & Ors.

Court : Delhi

Subject : Company

since in fact the repeal of the said provision had not been notified till April 2015. (b) The Companies (Second Amendment) Act 2002, the Press Note No.2/2003 dated 4th April 2003, the notification dated 10th July, 2012 of the Ministry of … the Applicant. According to the contesting... RESPONDENTS at the time that the application was filed on 22nd July 2002 Section 391 (7) of the Act had not been repealed and an appeal could have been filed thereunder. This … Chand Sharma 2013 (135) DRJ705and Basant Kharbanda v. Punjab & Sind Bank 65 (1997) DLT378 (vi) The Appellant cannot invoke Section 391(7) of the Act

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

M/S.Pioneer Alloy Castings Ltd., (In Liq Vs. 1.The Assistantgeneral Ma ...

Court : Andhra Pradesh

Subject : Land Acquisition

in appeal before the Supreme Court or a High Court. Section 537 (Prior to its substitution by the Companies (Second Amendment) Act, 2002 - 537 - Avoidance of certain attachments, executions, etc., in winding up by or subject to supervision of

Vijay Kumar Karwa Vs. Official Liquidator, Rohtas Inds. Ltd.

Court : Supreme Court of India

Subject : Company

Acts : Companies Act, 1956 - Sections 483; Companies (Second Amendment) Act, 2002

Reported in : AIR2008SC1613; 2008(3)ALLMR(SC)431; [2008]142CompCas438(SC); (2008)2CompLJ28(SC); JT2008(3)SC325; (2008)3MLJ941(SC); (2008)5MysLJ(SC)775; 2008(3)SCALE311; (2008)4SCC222; 2008AIRSCW1791; 2008(2)Supreme213; 2008(4)KCCRSN257

reads as follows:483. 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 … the Patna High Court summarily dismissing the Company Appeal No. 4 of 2006 filed by the appellant under Section 483 of the Companies Act, 1956 (in short 'the Act').3. Background facts in a nutshell are as follows:Company … there was scope for industrial growth. The appellant offered to pay Rs. 65.51 crores as consideration money for purchase of assets of the company in

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

Subject : Company

Acts : Companies Act, 1956; ; Indian Telegraph Act, 1885 - Section 4; ; Indian Wireless Telegraphy Act, 1933; ; Uttar Pradesh Entertainment and Betting Tax Act, 1979 - Sections 2, 3, 4, 4A, 4A(4), 4B and 4C; ; Bombay Entertainments Duty Act, 1923; ; Uttar Pradesh Entertainment and Betting Tax (Amendment) Act, 2009; ; Finance Act, 2001 - Sections 65, 65(5), 65(13), 65(63), 65(72) and 137; ; Prasar Bharti (Broadcasting Corporation of India) Act, 1990 - Section 2; ; Finance Act, 2002 - Sections 65, 66(5), 65(14), 65(15), 65(80) and 65(90); ; Finance Act, 2003 - Section 65, 65(16), 65(95), 65(105) and 66(1); ; Finance Act, 2004; ; Finance Act, 2005 - Section 65(16) and 65(105); ; Government of India Act, 1935; ; Cable Television Networks (Regulation) Act, 1995; ; Bengal Amusements Tax Act, 1922; ; We

4 of that Act. Thereafter, under Section 4-A of that Act, inserted by the West Bengal Taxation Laws (Second Amendment) Act, 1983 the area of its application was extended to levy and collection of tax from the holders of … Petition (M/B) No. 4 of 2010 is a company incorporated under the Companies Act, 1956. The petitioner company has its registered office at Bombay. The … gross amount charged by the service provider).19(ii). The term 'broadcasting' was re-defined under Section 65(14) of the Finance Act, 2002 as under:65. Definitions.- In this Chapter, unless the context otherwise requires,-(14). 'broadcasting' has the meaning assigned to it

Manish Kumar Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

creditor would be deemed withdrawn.” (Emphasis supplied) 41 34. In the Statement of Objects and Reasons to the Second Amendment Bill, 2019, promulgated as an Ordinance, and thereafter, as the impugned Act, it was, inter alia, stated that … in default", as defined in clause (60) of section 2 of the Companies Act, 2013, or was in any manner incharge of, or responsible to … which is challenged. She drew our attention to Section 2(u) and 20 of the Prevention of Money Laundering Act, 2002. She would submit but for Section 32A, the properties 5 (2019) 11 SCC6336 (2019) 4 SCC1726 which are … value of the assets. The provision only supplements the protection under Sections 65 and 75 of the Code. The intelligible differentia is projected as follows:

Ags Entertainment Private Limited Vs. Union of India

Court : Chennai

Subject : Land Acquisition

of 2012: ------------------- Mediaone Global Entertainment Ltd., A Company registered under the Companies Act, 1956 Having its registered office at No.59, Vijayaraghava Road, T.Nagar, Chennai-600 … of Service Tax, Commissionerate of Service Tax, IV Floor, Newry Buildings, No.2054-1, Second Avenue, 12th Main Road, Anna Nagar, Chennai-600 040. .. Respondents W.P.No.3362 of … attention to the brief history of levy of tax on films and historical background of the Constitution 46th Amendment Act, 1982 inserting Clause (29A) to Article 366 of the Constitution to impose tax on the transfer of right … is ultra vires the Constitution of India. From 2002, Parliament has amended Central Sales Tax Act to … issue a Writ of Declaration, or any other appropriate writ, order or direction under Article 226 declaring that Section 65(105)(zzzzt) of the Finance Act, 1994 as amended by Finance Act, 2010 unconstitutional and ultra vires, Article 246 of