Advanced Search Results

Union of India (Uoi) Vs. Morepen Laboratories Limited and

Court : Company Law Board CLB

Subject : MRTP

Reported in : (2006)130CompCas43

one is that this Board has no jurisdiction to entertain the petition, as in terms of Companies ( Second Amendment) Act, 2002 which came into effect from 1.4.2003, only the National Company Law Tribunal has the jurisdiction and the second … 1. The Central Government has filed this petition in terms of Section 408 read with Section 397/398 of the Companies Act, 1956 ( the Act) seeking for appointment of six … violated the provisions of Section 209 by not providing for about Rs. 72 crores in respect of interest on secured/unsecured loans. There are violations 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

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

Court : Supreme Court of India

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 … 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

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 … are provided for to give teeth to the Act. Section 71 gives the power of adjudication of compensation. Section 72 provides for the factors to be taken into consideration for adjudging the quantum of compensation or interest under

P.S. Sathappan (Dead) by Lrs. Vs. Andhra Bank Ltd. and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(9), 3, 4, 4(1), 35A, 96 to 103, 104, 104(1), 104(2), 105, 105(2), 115, 117, 135, 217(1), 218D, 278 and 282 - Order 7, Rules 10 and 11 - Order 10, Rule 3 - Order 16, Rule 2 - Order 18, Rules 1, 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 - Order 20, Rules 1 and 8 - Order 21, Rules 72, 90 and 92 - Order 33, Rule 7 - Order 39, Rules 1 and 2 - Order 41, Rule 35 - Order 43, Rule 1 - Order 49, Rules 1, 2 and 3; Constitution of India - Articles 133, 136, 225, 329 and 372; Code of Civil Procedure (CPC) (Amendment) Act, 1976; Code of Civil Procedure (CPC) (Amendment) Act, 2002; ;Indian High Courts Act, 1861; Legislative Act; Government of India Act, 1935 - Sections 223; India (Adaptation of Existing Laws) Order, 1949; Independence Act, 1947 - Section

Reported in : AIR2004SC5152; 2004(5)CTC209; JT2004(8)SC464; (2005)1MLJ105(SC); RLW2005(1)SC19; 2004(8)SCALE601; (2004)11SCC672

in the Code by reason of Code of Civil Procedure amendment Act, 1976 or Code of Civil Procedure Amendment Act, 2002. In any event the provision of Section 100A of the Code being not retrospective in operation, the right … this Court while construing the provisions of Section 202 of the Indian Companies Act observed as follows : There was no doubt either that most … Patent of the Madras High Court would govern the forum for a second appeal therefrom; the only restriction being that such an order must be … 71 of the Government of India Act, 1915; and also of the Governor-General, in cases of emergency under Section 72 of the Act, and may be in all respects amended and altered thereby.' 14. Sections 4(1), 100A, 104

Jindal thermal Power Company Limited (Formerly Jindal Tracteble Power ...

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 10, 10A, 10B, 11, 12, 80HHC, 80HHC(3), 80HHF(3), 112, 113, 115A, 115AA, 115AB, 115ACA, 115AD, 115B, 115BB, 115BBA, 115E, 115JB, 119(2), 140A, 154, 161(1A), 164, 164A, 167B, 172(4), 174(2), 175, 176(2), 192, 207, 208 to 219, 234A, 234B and 234C; Finance Act, 2002 - Sections 115J, 115J(1), 115JA, 115JB(1) and 115JB; Finance Act, 1987; Finance (No. 2) Act, 1996; Finance Act, 2000 - Sections115B and 115JB; Finance (Amendment) Act, 2000; Finance (Amendment) Act, 2002; Companies Act, 1956 - Sections 210; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 3, 17(1), 32(2), 32A(3), 72(1), 73, 74, 74A(3), 139(1), 142(1) and 288(2); Finance Act, 2001 - Sections 2(8); Constitution of India - Articles 265 and 300A

Reported in : (2006)203CTR(Kar)381; [2006]286ITR182(KAR); [2006]286ITR182(Karn)

2000-01, the finance bill 2000 and Finance Act 2000 and also the amendment carried out by the Finance Amendment Act 2002 and submitted that in view of the fact that even substantive law can be amended retrospectively and the … Act, 1987 with effect from 1.4.1988 providing for levy of tax on Companies and such a tax was levied on book profits of the Company … any liability to penal interest under Section 234-B and 234-C and the second respondent examined the return of income and issued an intimation dated 24.12.2002 … Sub-section (2) of Section 32 or Sub-section (3) of Section 32A or Clause (ii) of Sub-section (1) of Section 72 or Section 73 or Section 74 or Sub-section (3) of Section 74A.4) Every company to which this section

Mohan Chopada Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

Subject : Land Acquisition

and after the 1991 (Amendment) Act are constitutionally valid and have to be followed and given effect to. Section 72 of the Contract Act has no application to such a claim of refund and cannot form a basis … been affirmed by the judgment rendered in the case of Associated Cement Companies Ltd. Vs. State of MP and another 2005(5) SCC 347.12. As far … it has been collected from the petitioner/plaintiff whether before the commencement of the Central Excises and Customs Laws (Amendment) Act, 1991 or thereafter 15 by misinterpreting or misapplying the provisions of the Central Excises and Salt Act, 1944 … after decisions of this court in the year 2002 which shall be paid by the respondent/Council within … and another 2000(2) MPLJ 291 the same deserves to be quashed and secondly; the manner in which the tax is being recovered from the petitioners

Shree Warana Sahakari Dudh Vs. Commissioner of Customs and Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Labour and Industrial

Reported in : (2003)(155)ELT465Tri(Mum.)bai

that there appears to be an omission and/or typographical error in the second sentence, which might lend itself to an ambiguity in interpretation thereof, thus … be taken away unless the legislature itself removes that right by specific words to that effect in the amendment act. The argument of the learned Senior Counsel for the applicant is that the litigation which was instituted by … when the amended Act was never in force. Can we make this type of interpretation of the Finance Act, 2002 so as to deprive those appellants whose appeals have been disposed of by the Tribunal in 2001? In … by him or recovered from him by the excise officer. It is worthwhile to notice the provisions of Section 72 of the Contract Act, which casts an obligation upon the person who has received the money under a

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

Subject : Direct Taxation

1B and 1C of the Companies Act, 1956. These parts were inserted into the Companies Act, by the Companies (Second Amendment) Act, 2002. Thereby, provision was made for the constitution of the National Company Law Tribunal and the National Company Law … issue adjudicated upon, pertained to the constitutional validity of the Constitution (Forty-second Amendment) Act, 1976, and more particularly, Sections 4 and 55 thereof, whereby Articles 31C and 368 of the Constitution, came to be amended. The majority

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 … resolution professional are entirely different from the jurisdiction and powers of NCLT‖56. 72 Therefore, we hold that the RP can approach the NCLT for adjudication … 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