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Jun 07 2004

In Re: Ritesh Polysters Limited a

Court : Company Law Board CLB

Decided on : Jun-07-2004

Subject : Company

Reported in : (2005)123CompCas348

contentious issue, it would be necessary to extract the provisions of Section 621A as stood prior to the Companies (Second Amendment) Act, 2002, which reads as under: - "621A: Composition of certain offences: - (1) Notwithstanding anything contained in the Code … Sections 63 and 68 of the Act which are punishable in the manner provided under Sections 63(1) and Section 68 respectively.2. The facts in brief are that the Company came out in the year 1995 with a public

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Mar 22 2017

Vs. India Steam Laundry(P) Ltd.Defendant/Re

Court : Kolkata

Decided on : Mar-22-2017

Subject : Land Acquisition

Secs. 10FA and 647A of the Companies Act, 1956 which were inserted by way of amendment by the Companies (Second Amendment) Act, 2002. Mr. Mookherjee also referred to Taxmann’s guide to Companies Bill, 2011 in which in the section captioned as … 1988 which has been extracted above. Sec. 68 of the Amendment Act was captioned as a ‘Transitional provision’. Section 68 made it clear that any matter or proceeding pending in a court immediately before the commencement of the

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Nov 13 2019

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Decided on : Nov-13-2019

Subject : Land Acquisition

of Chapters 1-B and 1-C of the Companies Act, 6 (2010) 11 SCC112 PART A1956as inserted by the Companies (Second Amendment) Act 2002 which provided for the constitution of a National Company Law Tribunal7 and the National Company Law Appellate Tribunal8 … by the Lok Sabha on 22 March 2017 with 29 government amendments. 68 On 21 March 2017, the Union Finance Minister proposed an amendment to … demonstrate an apparent disparity in 96 age of superannuation of Members and Chairpersons/Presiding Officers of different Tribunals. Illustratively, Section 14D of the Telecom Regulatory Authority of India Act, 1997 provides a Member of Telecom Disputes Settlement and

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Mar 24 2006

Slocum Investment (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Mar-24-2006

Subject : Service Tax

Reported in : (2006)101TTJ(Delhi)558

by name, M/s HCL Consulting Ltd. The main objects of these three companies were making investments in various companies. The investments are in the form … undisclosed income. The reasons for introduction of the amendment have been explained as follows in the circular … of the Act. These are contained in Chapter IV to Chapter XII-G of the Act. Prior to Finance Act, 2002, amending Section 158BB(1), w.r.e.f. 1st July, 1995, only provisions of Chapter IV were applicable while computing undisclosed income. … year ending with the date of search. According to him but for this deeming provision, the provisions of Section 68 to 69-C, cannot be invoked in block assessment proceedings. He pointed out that there is no such deeming … HCL Technologies Ltd. and movement of prices of the shares in the secondary market after listing, were also narrated by the appellant. (3) No share

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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 … the case may be. Section 62 imposes civil liability for mis-statements in prospectus and Section 63 criminal liability. Section 68 provides imprisonment for a term which may extend to five years, or with fine which may extend to

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Mar 24 2006

Slocum Investment P. Ltd. (Now Vs. the Deputy Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Mar-24-2006

Subject : Service Tax

by name, M/s HCL Consulting Ltd. The main objects of these three companies were making investments in various companies. The investments are in the form … Undisclosed Income. The reasons for introduction of the amendment have been explained as follows in the circular … of the Act. These are contained in Chapter IV to Chapter XII-G of the Act. Prior to Finance Act, 2002, amending Section 158 BB(1) with retrospective effect from 1.7.95 only provisions of Chapter IV were applicable while computing … (2) of the Act which provides that when computing undisclosed income for the Block period, the provisions of Section 68 to 69 C shall, so far as may be, apply and reference to Financial Year in those sections … of Rs. 10/- in the month of June, 99 to M/s WIPL. Secondly, the AO referred to Page No. 22 of Annexure-4 Party P4 a

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Sep 20 2017

Surendera Kumar Jain vs.enforcement Directorate Delhi Zonel Office Zon ...

Court : Delhi

Decided on : Sep-20-2017

Subject : Land Acquisition

the balance sheet of 08 private limited companies was thus created. The second step is to acquire listed companies through postal ballot. The subsequent step … by the Serious Fraud Investigation Officer (SFIO) into the affairs of various companies. Pursuant to that an investigation was conducted by the SFIO and on … came to be incorporated by way of an amendment into the PMLA in the year 2009 that … 439 Cr.P.C. in the case ECIR/01/DLZO-II/2017 dated 11.02.2017, under Sections 3 & 4 of Prevention of Money Laundering Act, 2002 (herein after referred to as PMLA).2. The brief facts stated are that vide order dated 28.10.2013 the Ministry … Aggarwal. The entire share subscription of Rs. 64.70 Crore has been held to be unexplained cash credit under Section 68 of the Income Tax Act, 1961 in the hands of M/s Jagat Projects Ltd. for the assessment year

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Sep 20 2017

Virendra Jain vs.enforcement Directorate Delhi Zonal Office Zone Ii Ne ...

Court : Delhi

Decided on : Sep-20-2017

Subject : Land Acquisition

the balance sheet of 08 private limited companies was thus created. The second step is to acquire listed companies through postal ballot. The subsequent step … by the Serious Fraud Investigation Officer (SFIO) into the affairs of various companies. Pursuant to that an investigation was conducted by the SFIO and on … came to be incorporated by way of an amendment into the PMLA in the year 2009 that … 439 Cr.P.C. in the case ECIR/01/DLZO-II/2017 dated 11.02.2017, under Sections 3 & 4 of Prevention of Money Laundering Act, 2002 (herein after referred to as PMLA).2. The brief facts stated are that vide order dated 28.10.2013 the Ministry … Aggarwal. The entire share subscription of Rs. 64.70 Crore has been held to be unexplained cash credit under Section 68 of the Income Tax Act, 1961 in the hands of M/s Jagat Projects Ltd. for the assessment year

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May 08 2008

Delhi Metro Rail Corporation Vs. Delhi Transco Limited Through Its

Court : Appellate Tribunal for Electricity APTEL

Decided on : May-08-2008

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 … 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 … 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 prevents any metro railway official in discharge of his duties … which are respondents 1 to 5, the appellant amended its application for license and asked for grant

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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 … Debtor. The nexus with the insolvency of the Corporate Debtor must exist. 68 It is appropriate to refer to the observations in the Report 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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