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 … more persons would be treated as public issue/offer in terms of the first proviso to Sub-section (3) of Section 67 of the Companies Act and the provisions of the Companies Act governing public issues and the provisions of

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

Gopalakrishnan Vs. Asianet Satellite Communications Ltd.

Court : Kerala

Subject : Company

Acts : Companies Act, 1956 - Sections 433, 433(1), 433(2), 434(1) and 439(1); Companies (Second Amendment) Act, 2002

Reported in : [2006]129CompCas698(Ker); 2005(3)KLT957; [2006]68SCL484(Ker)

of the creditor;(Rupees Five hundred mentioned in the above section was amended as Rs. One lakh by the Companies (Second Amendment) Act, 2002 (Act 11 of 2003).'3. By winding up, life of a company is put to an end. Therefore, winding … so that there will not be any ambiguity.'Thereafter, the appellant raised Annexure C invoice dated 11-3-1995 for Rs. 67 lakhs with a covering letter for expeditious payment. Respondent company denied the same by Ext.R1 letter dated 18-3-1995.

Subhash JaIn Vs. Pioneer Shopping Complex (P.) Ltd.

Court : Kerala

Subject : Company

Acts : Companies Act, 1956 - Sections 10F, 397, 398, 402 and 634A; Companies (Amendment) Act, 1988; Companies (Amendment) Act, 2002; Companies (Court) Rules, 1959 - Rule 9; Code of Civil Procedure (CPC)

Reported in : [2008]142CompCas533(Ker); [2007]79SCL289(Ker)

for gain:Provided that the provisions of this section shall not apply on and after the commencement of the Companies (Second Amendment) Act, 2002.Section 634A has conferred power on the Company Law Board to enforce its orders. Section 634A says that … considerable reliance on the decision of Apex Court in Manish Mohan Sharma v. Ram Bahadur Thakur Ltd. [2006] 67 SCL 91. Counsel submitted, in view of the order passed on 3-2-1998, 5-2-1998 and 11-3-1998 and in view

Mahesh Chandra Sharma vs.tycoon Seeds Pvt. Ltd. & Ors.

Court : Delhi

Subject : Company

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 … HON'BLE MR. JUSTICE JAYANT NATH Ghosh, Advs. ........ RESPONDENTS JAYANT NATH, J.(ORAL) 1. This appeal is filed under section 10 (F) of the Companies Act, 1956 (hereinafter referred to as ‘the Act’) seeking to impugn the order … IN THE HIGH COURT OF DELHI AT NEW DELHI % + CO.A(SB) 67/2014 Date of decision:08. 05.2018 MAHESH CHANDRA SHARMA TYCOON SEEDS PVT. LTD. &

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

Court : Punjab and Haryana

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 … consumption and if the proper officer so permits without payment of duty on such samples. Further, pursuant to Section 67 of the Customs Act, the goods can be removed from one warehouse to be housed in another warehouse.

Chief Engineer Central Zone Telecommunication Civil and ors. Vs. Dayal ...

Court : Uttaranchal

Subject : ArbitrationContract

Acts : Arbitration Act, 1940 - Sections 34; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 21(1)(A) and 21(1)(B); Civil Laws Amendment Act, 1991; Court Fee Act, 1870; Specific Relief Act, 1963 - Sections 39; Code of Civil Procedure (CPC) , 1908 - Sections 47 and 80

Reported in : AIR2005Utr34; 2005(2)ARBLR520(Uttaranchal)

said judgment and decree, the above mentioned second appeal No. 67 of 2002 was filed by the Chief Engineer Central Zone Telecommunication and others (defendants), … ORDERPrafulla C. Pant, J.1. The above mentioned Second Appeal, Cross Appeal and Civil Revision have arisen out of the Civil suit No. 196 of 1995, Dayal … of Section 21 of Bengal, Agra and Assam Civil Courts Act, 1887, as amended by vide Civil Laws Amendment Act, 1991, since the valuation of the appeal was below Rs. 5 lac, the appeal was transferred to the

Delhi Metro Rail Corporation Vs. Delhi Transco Limited Through Its

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

DMRC Act 2002 nor the Electricity Act 2003 makes any exception for companies held by the Government.25. In view of our above analysis, we find … 2002 makes any person entering upon the metro railway without any lawful authority liable to imprisonment and fine. Section 67 makes obstructing running of trains a punishable offence. Section 68 prescribes that the person who willfully obstructs or … an already existing distribution licensee, another license can be given provided the second licensee is willing to supply electricity to a minimum area which will … including shops and other establishments in the precincts of the metro railway. Section 6(2) (h) of the DMRC Act 2002 empowers a metro rail administration "to lay down or place electric supply lines for conveyance and transmission of … which are respondents 1 to 5, the appellant amended its application for license and asked for grant

Madras Bar Association Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

powers relating to winding up vested in the High Courts. The Government accepted the recommendations and passed the Companies (Second Amendment) Act, 2002. The reason for the said amendment was to avoid multiplicity of litigation before various fora and to reduce … Presiding Officer or any other Member can continue till the age of 67 years, as per the second proviso to Section 184.8. A Notification was … JUDGMENT L. NAGESWARA RAO, J.1. The Madras Bar Association has filed this Writ Petition seeking a declaration that Sections 12 and 13 of the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 and Sections 184 and

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 … liquidation, while NCLAT will have appellate jurisdiction on the same.‖ (emphasis supplied) 67 The institutional framework under the IBC contemplated the establishment of a single … 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