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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 … 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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Oct 04 2018

Arcelormittal India Private Limited Vs. Satish Kumar Gupta

Court : Supreme Court of India

Decided on : Oct-04-2018

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 … [CIT v. East Coast Commercial Co. Ltd., (1967) 1 SCR821. (SCR p. 829 H) 55. While deciding whether a company was one in which the

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Mar 28 2007

Modi Rubber Ltd. Vs. Guardian International Corp.

Court : Delhi

Decided on : Mar-28-2007

Subject : SICA

Acts : Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 16 and 18; Companies Act, 1956 - Sections 82; Arbitration and Conciliation Act, 1996 - Sections 6, 6.1, 9, 11, 17, 18, 19 to 24, 25 and 36; Indian Contract Act, 1872 - Sections 27, 32, 39 and 56; Specific Relief Act, 1963 - Sections 10, 14, 14(1), 16, 21, 23, 41, 41(1) and 42; Arbitration Act, 1940 - Sections 18, 20 and 41; Code of Civil Procedure (CPC) , 1908 - Sections 148A - Order 38, Rule 5 - Order 39; LCIA Rules; Constitution of India - Articles 16 and 226

Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822

restriction was not provided in the Articles of Association of the company. It was pointed out that that Section 82 of the Companies Act defines the nature of shares and states that the shares or other interest of … interim relief on the ground that the other side has raised a dispute before the Arbitral Tribunal. The second question which has been raised by the respondent is to the effect that on account of sickness of … contained in the subscription cum share holders agreement were translated into an amendment of the Articles of Association. However, the provisions contained in Article 3.10 … regard, learned senior counsel placed reliance on the judgment dated 19th December, 2002 passed in CS (OS) No. 915/2002 The Chancellor, Masters and Scholars of

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Aug 12 2011

Satyadeva Sannakaru Rythu Sangham Vs. the State of Ap Rep by Its Princ ...

Court : Andhra Pradesh

Decided on : Aug-12-2011

Subject : Societies Registration

Acts : Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Section 82; Societies Registration Act, 1860

RAMI REDDI3 and held Section 82 of the Act of 1987 to be lawful and valid. Thereafter, by Amendment Act No.27 of 2002, clause (5) was inserted in Section 82 whereby the Tenancy Acts were made retrospectively inapplicable … having a distinct legal entity from the members constituting it, in the sense of a company under the Companies Act, 1956 or a society registered under the Andhra Pradesh Co- operative Societies Act, 1964. However, it has … the consequential benefits reserved thereunder for such persons. Pertinent to note, the second Explanation to this provision was introduced only in the year 2008. The

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Jan 29 2004

Ranga Reddy District Sarpanches' Association and Ors. Vs. Government o ...

Court : Andhra Pradesh

Decided on : Jan-29-2004

Subject : Constitution

Acts : Constitution of India - Articles 1(1), 40, 226, 243E, 243G, 245, 246 and 246(3); Andhra Pradesh Panchayat Raj Act, 1994 - Sections 153, 181, 249 and 250

Reported in : 2004(2)ALD1; 2004(1)ALT659

'the 1951 Act') was amended initially by an ordinance, later replaced by the Representation of the People (3rd Amendment) Act, 2002. Sections 33A and 33B were incorporated providing a right to information to the voter and obligating a candidate … the Supreme Court in PUCL and Anr. v. Union of India and Anr., : [2003]2SCR1136 , - the second Democratic Reforms case. The Supreme Court held the concept of freedom of speech and expression is not static. … reasons including absence of regular elections prolonged supersessions, insufficient representation of weaker sections like Scheduled Castes, Scheduled Tribes and women, inadequate devolution of powers and

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Jan 04 2023

Ifb Agro Industries Limited Vs. Sicgil India Limited

Court : Supreme Court of India

Decided on : Jan-04-2023

Subject : Land Acquisition

the amendment of Take Over Regulation of Amending provisions of SEBI (Substantial Acquisition of Shares and Take Over) Second Amendment (Regulation 2002) w.e.f. 9.9.2002 by providing for the remedy under sub clause (c) and (d) of the Regulation … debentures shall entitle the 1. Omitted by the transferee to voting rights Companies unless the voting rights in (Amendment) Act, 2020, Page 15 of 31 respect of such transferee w.e.f. 21.12.2020[S.O. have been suspended. 4646(E) dated 21.12.2020]., the … 1999. 22 Section 188, The Insolvency and Bankruptcy Code, 2016. 23 Section 76, The Electricity Act, 2003. 24 Section 82, The Electricity Act, 2003. 25 Section 3, The Airports Economic Regulatory Authority of India Act, 2008. 26 Section

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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

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Nov 11 2016

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

Decided on : Nov-11-2016

Subject : Right to Information

for specific mention of tax in Article 304(a) and Article 306 [as it was before the Constitution (7th Amendment) Act 1956]. of the Constitution of India. He, however, contended that the freedom from the tax law or any … Act which judgment came to be challenged in Civil Appeal No.3453 of 2002 with connected matters; Jindal Stainless Ltd. & Anr. vs. State of Haryana … was essentially a tax on income under Entry 82 of List I and therefore outside the legislative … impairing the right of the citizen nor the form of action that determines the invasion of the right. Secondly, it is the effect of the law and the action upon the right which attracts the jurisdiction of … statue, Das J.noted various provision of the Act. It was held that Section 4 of the Act makes it clear that tax is imposed on

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Jan 05 2021

Rajeev Suri Vs. Union Of India

Court : Supreme Court of India

Decided on : Jan-05-2021

Subject : Land Acquisition

particularly on two grounds - (i) violation of the constitution; and (ii) violation of the enabling act. The second ground includes not only cases of violation of substantive provisions of the enabling act but also cases of … administrative orders or executive instructions without any statutory backing.14. It has been argued before us that formulation or amendment/ modification of a city’s Master Plan is not an administrative but a legislative exercise. Relying on the decisions … and 23 of this judgment. Transfer Case (C) No.229 of 2020 Page 82 of 17940. However, delegation of the power to legislate and govern to … Authority of India and Others,20the dictum in Cynamide India Ltd. was followed. Section 11(4) of the Telecom Regulatory Authority of India Act, 1997, it was

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Jul 06 2011

Scottish Widows plc (Appellant) Vs. Commissioners for Her Majesty's Re ...

Court : UK Supreme Court

Decided on : Jul-06-2011

Subject : MRTP

the purposes of those sections are “ (a) a revenue account prepared for the purposes of the Insurance Companies Act 1982 in respect of the whole of any separate revenue account required the company's long term business; … the accounting periods ending in 2000, 2001 and 2002, amounts described by the company as 'transfers from … mentioned section 433, which was repealed by FA 1989 and replaced by similar (but more complex) provisions in section 82 of FA 1989. Section 444A, inserted into ICTA 1988 by the Finance Act 1990, applies to a transfer … authorities to justify the surplus of assets that it wished to recognise. Secondly, there is no question, in this case, of taxing the income or … 73 that self-contained statutes, whether consolidating previous law or so doing with amendments, should be interpreted, if reasonably possible, without recourse to antecedents, and that

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