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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 … shares were issued on receipt of indemnity bond as provided under Section 84(2). In those circumstances, the High Court has concluded that indemnity bond and

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

Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...

Court : Chennai

Subject : Land Acquisition

take note of 3 developments that have taken place, one in the year 2002 in the form of Companies (Second Amendment) Act, 2002, the second in the same year 2002 in the form of Sick Industrial Companies (Special Provisions) Repeal Act, … High Court went to the extent of holding that in the light of Section 35 of the Securitisation Act, 2002, Section 22 of SICA does not survive anymore. (vi) In Nabha Industries Ltd vs. Punjab State Industrial Development Corporation … Corporation Ltd vs. U.P. State Sugar Corporation Karamchari Association {AIR 199.SC 1484.(1995) 84 Comp. Cas 139 (SC)}. (ii) The debtor in possession allows the promoters

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

Court : Andhra Pradesh

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 … People unless he is hot less than 25 years of age Article 84(b), an ordinance promulgated by the President shall cease to operate at the

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 … line with the object sought to be achieved, namely, that other corporate 84 debtors who are declared as NPAs, whose debts may never be cleared

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

Ch. Kiron and ors. Vs. Collector and anr.

Court : Andhra Pradesh

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 4(1), 4(2), 5, 5A and 6; Andhra Pradesh Urban Areas (Development) Act, 1975; Constitution of India - Article 19(1); Land Acquisition Rules - Rule 3

Reported in : 2006(1)ALD412

The petitioners have made valuable improvements, before impugned proceedings acting on the land use certificate issued by the second respondent. They are estopped from changing the same to the prejudice of petitioners.3. The respondents filed counter-affidavit. The … of L.A. Act not having been published in two daily newspapers of widely circulated, as required by Central Amendment Act No. 68/84, is liable to be quashed. By the Central Amendment Act No. 68/84 the following words are … the Court by an order dated 6.11.2002 in C.A. No. 849 of 2002 in C.A. No.598 of 2002 in R.C.C. No. 17/ 1998 and the … publishing and media business. They came to know that 1st respondent issued Section 4(1) notification dated 16.11.2003 under Land Acquisition Act published in A.P. Gazette,

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 … was expressed by the Delhi High Court in Devendra Kumar Jain v. Polar Forgings and Tools Ltd. ((1985) 84 Comp. Cases 766). There it was held that it is not necessary that the notice should carry a

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 … debtors while in the previous year, the amount was only about Rs. 84 lacs. The company has violated the provisions of Section 205 of the

Bijender Kr Gupta Vs. Corporation Bank of India

Court : Delhi

Subject : Land Acquisition

R.S. Pandey are extracted hereunder:“11. Except for a period when Article 226 was amended by the Constitution (Forty-Second Amendment) Act, 1976, the power relating to alternative remedy has been considered to be a rule of self-imposed limitation. It … of the application under Section 14(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), the Receiver was directed to take into possession the land measuring 16 Biswas out of Khasra … in Bihari Lal & Ors. v. Union of India & Anr., AIR1979Delhi 84 to contend that any land which could be put to agriculture will