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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 … to refund the amounts to the investors with interest. Aggrieved by the said order, SIRECL filed C.A. No. 9813 of 2011 and SHICL filed C.A. No. 9833 of 2011 before this Court under Section 15Z of the

Mineria Nacional Limitada, a Partnership Firm and Shri Anil Vasudeva S ...

Court : Mumbai

Subject : CompanyLimitation

Acts : Companies Act, 1956 - Sections 2(11), 4(2), 10F, 10(3), 10(12), 13, 14 and 260A; Companies(Second Amendment) Act, 2002; Limitation Act, 1963 - Sections 4 to 24, 29(2), 34 and 34(2); Uttar Pradesh Sales-Tax Act, 1948 - Sections 3B and 10; Sales Tax Act - Sections 10 and 10(3B); Income Tax Act, 1961 - Sections 260A; Special Court(Trial of Offences Relating to transactions in Securities) Act, 1992; Arbitration and Conciliation Act, 1996 - Sections 43

Reported in : (2007)109BOMLR789

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 … 2. The applicant has filed an application dated 16-1-2006 for condonation of delay to file an appeal under Section 10F of the Companies Act, 1956 (Act, for short) against the Order dated 26-9-2005 of the Company Law

P.Kumar Vs. Secretary to Government

Court : Chennai

Subject : Education

for the petitioner would submit that Chapter IV A of the Companies Act was introduced by means of Companies (Second Amendment) Act, 2002. He would further submit that as per the said amendment, in the place of ".Company Law Board"., ".Tribunal". … Government Arts College, Nandanam. This Court had the benefit of hearing them also. According to them, as per Section 388-E of the Act, which was introduced by means of Companies (Second Amendment) Act, 2002, the ".Tribunal". alone … to award full marks with reference to Question Nos.55, 61, 73, 77, 90, 102, 103, 111 and 150 for the Booklet Series B in the

Raghunath Rai Bareja and anr. Vs. Punjab National Bank and ors.

Court : Supreme Court of India

Subject : BankingLimitation

Acts : Limitation Act, 1963 - Schedule - Article 136; Companies Act, 1956 - Sections 446, 446(1) and 446(3); Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17, 18, 19, 24, 31, 31(1) and 34; Companies (Second Amendment) Act, 2002; Code of Civil Procedure (CPC) , 1908 - Order 34, Rule 11; Companies (Court) Rules, 1959 - Rule 9, 10 and 117; Constitution of India - Articles 226 and 227

Reported in : 2007(2)ALT114(SC); 2007(1)AWC507(SC); [2007]135CompCas163(SC); (2007)1CompLJ108(SC); 2007(5)CTC642; 2007(3)MhLj83; 2007MPLJ306(SC); 2006(13)SCALE511; (2007)2SCC230; 2006AIRSCW6446

16. In this connection, it may be mentioned that Section 446(3) of the Companies Act was omitted by Companies (Second Amendment) Act, 2002 and evidently the High Court has overlooked this Amendment. As a result in our opinion the High Court … the order dated 1.4.1999.9. On 3.1.2005, the decree-holder Bank filed Company Application No. 55 of 2005 under Rule 9 of the Company (Court) Rules, 1959 read with Sections 17 and 18 of RDB Act for transfer of

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 … the first respondent herein in respect of lands measuring an extent of 9.473 acres comprised in Survey Nos.301/1 to 301/5, 302/3 to 302/4 and 5.321

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 … to the coming into force of amendments to the Regulations i.e. September 9, 2002. Therefore, the said allotment of 7,15,900 equity shares of the Target … 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 Under Certificate of Posting.

Vodafone International Holdings B.V., a Company Incorporated Under the ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 1(2), 2, 2(17), 2(23A), 2(31), 2(37), 2(47), 4, 4(1), 4(2), 5(2), 9, 9(1), 23(1), 23(3), 24, 26, 64, 64(2), 173, 191, 192(1A), 194, 194C(1), 195, 195(1), 195(2), 195(3), 197, 199, 200, 201, 203A, 221, 221(1), 201(1A), 245S, 246A and 271C; Foreign Contribution Regulation Act; Indian Official Secrets Act; Constitution Act; Information Technology Act; Indian Passport Act; Indian Income Tax Act, 1922 - Sections 18, 19 and 42; Finance Act, 2008; Indian Telegraph Act, 1885; MRTP Act - Sections 33; Finance Act, 2002 - Sections 201; Companies Act; Income Tax (Amendment) Act, 2008 - Sections 191 and 201; Income Tax (Amendment) Act, 2002; Income Tax (Amendment) Act, 2003; Income Tax Rules - Rules 30 and 31A, 41E; Constitution of India - Articles 14, 19(1

Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

construed the provisions of Section 201 of the Act as they stood before the amendment of the Finance Act, 2002. Therefore, the same would not enable the Respondents to urge that after the 2002 amendments made in Section … one of substantial importance, specially as it concerns collaboration agreements with foreign companies and other such arrangements for the better development of industry and commerce … without jurisdiction.II. Section 195 has no extra territorial operation:10. With regard to second proposition that Section 195 has no extra territorial operation, Mr. Chagla, the … or in respect of a person not resident within India. The learned Counsel for the Petitioner referred to Section 9, which deems certain income earned by a non-resident to be income earned within India.19. The learned Senior Counsel

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 … courts perform all judicial functions of the State except those that are excluded by law from their jurisdiction. Section 9 of the Code of Civil Procedure, for example, provides that the courts shall have jurisdiction to try all

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 … Judges, the Members appointed to the tribunal should be possessed of equivalent 90 qualifications and commensurate stature of District Judges. The conditions of service of

Cherukode Co-op. Rural Bank Ltd. Vs. Parur Service Co-op. Bank

Court : Kerala

Subject : Banking

Acts : Banking Regulation Act, 1949 - Sections 2, 3, 5, 5A, 6(1), 7, 7(2), 8, 9, 21 to 35, 35A, 56 and 56(10); Kerala Co-operative Societies Act, 1965; Kerala Co-operative Societies Rules; Companies Act, 1956; Agriculture and Rural Development Act, 1981; ;Banking Laws (Amendment) Act, 1984 - Sections 42; Banking Laws (Amendment) Act, 1983 - Sections 42; Banking Companies Act; Urban Co-operative Societies Act; ;Constitution of India - Articles 246 and 19

Reported in : 2006(3)KLT38

to any business as is specified in pursuance of Clause (o) of Sub-section (1) of Section 6;;(fii) in Section 9, for the second proviso, the following provisos shall be substituted, namely:-Provided further that in the case of a … to, and not, save as hereinafter expressly provided, in derogation of the Companies Act, 1956, and any other law for the time being in force.3. … of the bank, whose subsidiary the employer bank is,') (a) Substituted for Clause (f) by the Banking Laws (Amendment) Act (1 of 1984), Section 42(ii)(15-2-1984).((fi) in Section 8, for the proviso, the following proviso shall be substituted, namely:-'Provided … against the judgment of the learned single Judge in O.P.No. 26589 of 2002. The above O.P. was filed for a declaration that the registration of