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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 … SIRECL, in its Extraordinary General Meeting held on 3.3.2008, resolved through a special resolution passed in terms of Section 81(1A) of the Companies Act to raise funds through unsecured OFCDs by way of private placement to friends, associates,

Shri V.S. Krishnan and ors. Vs. Westfort Hi-tech Hospital Ltd. and ors ...

Court : Supreme Court of India

Subject : Company

Acts : Companies Act, 1956 - Sections 10F, 53(1) to 53(4), 81(1A), 84(2), 157(1)A, 172, 283, 397, 398, 399, 402 and 403; ;Companies (Second Amendment) Act, 2002; Constitution of India - Article 136

Reported in : [2008]142CompCas235(SC); (2008)2CompLJ1(SC); (2008)2MLJ1192(SC); 2008(3)SCALE184; (2008)3SCC363; [2008]83SCL44(SC)

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 … who filed Company Petition No. 63 of 2005 before the Company Law Board, Additional Principal Bench, Chennai under Sections 397 and 398 read with Sections 402, 403 and Schedule XI of the Companies Act, 1956 are the … other reasons - mainly for technical irregularity) and special resolution under Section 81(1A) to issue shares to the public. We order that Petitioners and other

Kamal Kumar Dutta and anr. Vs. Ruby General Hospital Ltd. and ors.

Court : Supreme Court of India

Subject : Company

Acts : Companies Act, 1956 - Sections 10E, 10F, 53, 81(1A) 189, 193, 283(1), 397, 397(1), 398, 398(1), 399, 402 and 483; Companies (Amendment) Act, 1988; Foreign Exchange Regulation Act, 1973 - Sections 19(1); Companies (Second Amendment) Act, 2002; Code of Civil Procedure (CPC) - Sections 4, 4(1), 100A, 104(1) and 104(2); ;Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 100A; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 100A; Companies (Amendment) Act, 1991

Reported in : [2006]134CompCas678(SC); (2006)5CompLJ511(SC); JT2006(7)SC333; 2006(7)SCALE668; [2006]70SCL222(SC)

: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 … to as CLB).3. Brief facts which are necessary for disposal of these appeals are that an application under Sections 397 & 398 of the Companies Act, 1956 (hereinafter to be referred to as the Act) was filed … convene the extraordinary general meeting and to pass a resolution under Section 81(1A) was considered and approved. But no details were furnished of such 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

Thiru. R. Gandhi President, Madras Bar Association Vs. Union of India ...

Court : Chennai

Subject : Company

Acts : Constitution of India - Articles 14, 19(1), 50, 226 and 323; Companies Act 1956 - 10FB, 10FD(2), 10FD (3), 10FD(3), 10FE, 10FF, 10FK(2), 10FO, 10FR(3), 10FX, 79(1), 79(3), 117B, 118(3), 144(4), 163(6), 167, 188(5), 196(4), 219 (4), 225(3), 284(4), 304 (2)(b), 307 (9) and 621A; Companies (Amendment) Act, 2002

Reported in : [2004]120CompCas510(Mad); (2004)2CompLJ274(Mad); 2004(2)CTC561; [2004]52SCL79(Mad)

country, has, in this petition, questioned the constitutional validity of the amendment effected to the Companies Act by Companies (Second Amendment) Act, 2002 whereby provision is made for setting up of a National Company Law Tribunal (Tribunal) as also a National … conditions of conversion of debentures or loans into shares when the lender exercises right given to it under Section 81; ordering investigation of the company's affairs, hearing appeals by any member or creditor or employee aggrieved by the

Purnima Manthena and Anr. Vs. Dr. Renuka Datla and Ors.

Court : Supreme Court of India

Subject : Land Acquisition

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 … Pradesh, in Company Appeal No.17 of 2014 preferred by the respondent Nos. 1, 2 and 3 herein, under Section 10F of the Companies Act, 1956 (for short hereinafter to be referred to as “the Act”) assailing the … Noticeably Dr. Vijay Kumar Datla, in his individual capacity, then did hold 81% of the shares thereof. 8 As the facts evince, Mr. G.V. Rao

A. Ravishankar Prasad, A. Sai Vs. Prasad Productions Private

Court : Company Law Board CLB

Subject : Land Acquisition

Reported in : (2007)135CompCas416

steps against the petitioners under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Second) Act, 2002 and their assets are being auctioned. Any allotment of additional shares to the petitioners will go to the … 397, 398, Schedule XI read with Sections 402 and 403 of the Companies Act, 1956 ("the Act") alleging against the respondents, the following acts of … the rejoinder, nor be argued. The Orissa High Court, while dealing with amendment application inN.K.Mohapatra v. State of Orissa (1995) 1 Comp LJ 266 (Orissa)- … shares, the Company was a private limited company and there was no requirement of following the provisions of Section 81 of the Act. In Dale & Carrington Investment (P) Ltd. v. P.K. Prathapan, the Managing Director without allotting

In Re: Hakeem Auto Limited

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Subject : Land Acquisition

from September 09, 2002, Regulation 3(1)(c) has been omitted by the SEBI (Substantial Acquisition of Shares and Takeovers) (Second Amendment) Regulations 2002. No acquirer who, together with persons acting in concert with him, has acquired, in accordance with … had sent a copy of the Resolution passed in the Board Meeting held on June 13, 2003 under Section 81 (IA) of the Companies Act, 1956 to the Stock Exchange, Mumbai in compliance of Regulation 3(1)(c)(i), by post

Somashekara Rao, Hiriadka and Another Vs. the Canara Land Investment L ...

Court : Karnataka

Subject : Land Acquisition

Company, the said allotment had been made in order to comply with the statutory requirement of the Companies Amendment Act, 2000 since the paid up capital of a public limited Company should not be less than Rs.5 Lakh. … managing educational institutions. In or about 1990, differences cropped up between the petitioner’s group (Ramesh Pai Group) and second respondent’s group (Mohandas Pai Group). Both the groups have initiated several cases against each other. Finally, the well … Director is Rs.4,81,169-00, Rs.5,23,640-00 and Rs.5,63,347-00 for the year 2000, 2001 and 2002 respectively. The personal expenses incurred by the Managing Director with regard to … order dated 16th April 2004, passed by the Company Law Board, under Section 397 and 398 read with Section 402 of the Companies Act, for

Arcelormittal India Private Limited Vs. Satish Kumar Gupta

Court : Supreme Court of India

Subject : Land Acquisition

provisions of Sections 15 to 21 of the Sick Industrial Companies (Special Provisions) Act, 1985. Interestingly, the Companies Amendment Act, 2002 omitted a provision similar to Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985. Consequently, creditors … and Bankruptcy Code (Amendment) Act, 2017, together with the amendment made by the Insolvency and 40 Bankruptcy Code (Second Amendment) Act, 2018. Section 29A, as introduced by the Insolvency & Bankruptcy Code (Amendment) Ordinance, 2017, on 23.11.2017, reads as … a professional capacity is excluded from the talons of sub- clause (c). 81 54. The interpretation of Section 29A(c) now becomes clear. Any person who