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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 … has recognised that transfer of jurisdiction is permissible but in effecting such 91 transfer, the court to which the power of adjudication is transferred must … 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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Jan 16 2007

Subhash JaIn Vs. Pioneer Shopping Complex (P.) Ltd.

Court : Kerala

Decided on : Jan-16-2007

Subject : Company

Acts : Companies Act, 1956 - Sections 10F, 397, 398, 402 and 634A; Companies (Amendment) Act, 1988; Companies (Amendment) Act, 2002; Companies (Court) Rules, 1959 - Rule 9; Code of Civil Procedure (CPC)

Reported in : [2008]142CompCas533(Ker); [2007]79SCL289(Ker)

for gain:Provided that the provisions of this section shall not apply on and after the commencement of the Companies (Second Amendment) Act, 2002.Section 634A has conferred power on the Company Law Board to enforce its orders. Section 634A says that … on the decision of Apex Court in Manish Mohan Sharma v. Ram Bahadur Thakur Ltd. [2006] 67 SCL 91. Counsel submitted, in view of the order passed on 3-2-1998, 5-2-1998 and 11-3-1998 and in view of the

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Dec 16 2009

Central Warehousing Corporation (a Govt. of India Undertaking) Vs. For ...

Court : Mumbai

Decided on : Dec-16-2009

Subject : ArbitrationCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(3), 5, 7 and 8; ;Presidency Small Cause Courts Act, 1882 - Sections 17, 18, 19, 21, 22, 24, 33, 41, 41(1) and 41(2); ;Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Arbitration Act, 1940 - Sections 34, 40; Maharashtra Rent Control Act, 1999; Provincial Small Cause Court Act, 1887; ;Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 28 and 28(1); Bombay Government Premises (Eviction) Act, 1955; Bombay Municipal Corporation Act; Maharashtra Housing and Area Development Act, 1976; Maharashtra Rent Control Act; Code of Civil Procedure (CPC) , 1908 - Sections 9A; Indian Medical Council Act, 1956 - Sections 10A; Medical University Act - Sections 5(5); Industrial Disputes Act - Sections 10(1

Reported in : 2010(1)MhLj658

no jurisdiction of winding up of the Company since that power is conferred on a Court by the Companies Act. In the case of V.V. Pushpakaran (supra), it was a matrimonial dispute in which an Arbitration Agreement … of Section 41 of the Act of 1882 is the State (Maharashtra) amendment; whereas enactment of Act of 1996 being a Central Statute, even if … premises on lease to the Petitioners. Sometime on or around 19th September 2002, the Respondents approached the Petitioners for storage facilities. By a Memorandum of … State legislatures have no authority to make any law in respect of the entries contained in List I. Secondly, so far as the Concurrent List is concerned both Parliament and the State legislatures are entitled to legislate … in different courts? The Societies Act under Section 91(1) confers jurisdiction on the Co-operative Court while Section

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Nov 06 2012

Masusmi Sa Investment Llc Vs. Keystone Realtors Pvt. Ltd. and Others

Court : Mumbai

Decided on : Nov-06-2012

Subject : Arbitration

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 … by a common order. FACTS IN COMPANY APPEAL (L) NO. 47 OF 2012: 2. By this appeal under section 10F of the Companies Act, 1956, the appellant challenges the order dated 12th October, 2012 passed by the … CDC Financial Services (Mauritius) Ltd. and others (2008) 4 Supreme Court Cases 91), is misplaced. It is submitted that there was no issue before the

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Jul 08 2010

M/S Daiichi Sankyo Company Ltd Vs. Jayaram Chigurupati and ors.

Court : Supreme Court of India

Decided on : Jul-08-2010

Subject : Land Acquisition

present case. The 1997 Takeover Code underwent further amendments by the SEBI (Substantial Acquisition of Shares and Takeovers) (Second Amendment) Regulations, 2002, with effect from September 9, 2002 in light of the recommendations made by the second Bhagwati … 2009.3. On October 3, 2007 Ranbaxy Laboratories Limited (respondent no.3), a company incorporated and registered under the Indian Companies Act, entered into a Share Purchase and Share Subscription Agreement jointly with Zenotech (respondent no.4) and its promoter, … Takeover) Regulations, 1997 (the Takeover Code or the Takeover Regulations) framed under section 30 of the Securities Exchange Board of India Act, 1992. The Takeover

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Oct 15 2007

Reliance Natural Resources Ltd. Vs. Reliance Industries Limited

Court : Mumbai

Decided on : Oct-15-2007

Subject : Company

Acts : Oil Fields (Regulation and Development) Act, 1948 - Sections 2 and 3; Economic Zone and other Maritime Zone Act, 1976; Companies Act, 1956 - Sections 36, 39, 235 to 251, 391 to 394, 433 and 643; Evidence Act - Sections 57 to 62; Income Tax Act - Sections 2(19AA), 2(19AAA) and 2(41A); Companies (Amendment) Act, 2002; Board of Directors Act; Contract Act - Sections 17; U.K. Act - Sections 206; Constitution of India - Article 297; Petroleum and Natural Gas Rules, 1959; Companies Rules

Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)

to a company in respect of which an order has been made before the commencement of the Companies (Amendment) Act, 2002 sanctioning a compromise or an arrangement.393. Information as to compromises or arrangements with creditors and members. -(1) where … gas under the PSC.39. On 7.11.2006/8.11.2006, a Company Application No. 1122/06 under Section 392 of the Companies Act, 1956 (the Act) has been filed before … and directions given to MDA personally under the MOU to ensure that the gas supply contract is robust. Secondly, what, if any, are the appropriate changes that could be made in order to give meaning and effect

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May 01 2012

National Instt. of Technology Trust Vs. Official Liquidator

Court : Delhi

Decided on : May-01-2012

Subject : Land Acquisition

RAJIV SAHAI ENDLAW,J. 1. This appeal under Section 483 of the Companies Act, 1956 impugns the order dated 23rd January, 2012 of the learned Company Judge dismissing Co.Appl. No.732/2008 and … Attention of the senior counsel for the appellant was invited to the amendment in the State of Uttar Pradesh, where the land is situated, to … Koshika Telecom Ltd. was filed on 8th February, 2002, Provisional Liquidator was appointed and the final winding … is also contrary to the very tenets of the Indian Evidence Act, 1872 and the Registration Act, 1908. Section 91 of the Evidence Act prescribes that when the terms of a contract or any other disposition of property … in the alternative that permission to sue for specific performance is sought. Secondly it is submitted that even if the agreement to sell, for the

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Nov 08 2024

Aligarh Muslim University versus Naresh Agarwal & Ors.

Court : Supreme Court of India

Decided on : Nov-08-2024

Subject : Land Acquisition

Reported in : [2024]11S.C.R.1647

must point towards one member of the minority or a group from the community. [Para 135] 3.2. The second indicia is the purpose for which the educational institution was established - Though it is not necessary that … Studies - referred to. List of Acts Constitution of India; Aligarh Muslim University Act, 1920; Aligarh Muslim University (Amendment) Act, 1951; Aligarh Muslim University (Amendment) Act, 1965; Entry 63 of List I of the Seventh Schedule to the … 1981, Section 4 1686 [2024] 11 S.C.R. Supreme Court Reports 7. In 2002, an eleven-Judge Bench of this Court in TMA Pai Foundation v. State … is not consistent with the established norms of judicial propriety. [Paras 90, 91] 1.2. The principles enunciated in Dawoodi Bohra re-enforce the provisions of the

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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 … 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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Sep 21 2017

Commissioner of Wealth Tax vs.atma Ram Properties (P) Ltd.

Court : Delhi

Decided on : Sep-21-2017

Subject : Direct Taxation

conclusion viz., that the said property had rightly been treated as the assessee's stock-in-trade.32. Further, even on the second issue which was relevant for AY198586, the ITAT held that the amendment to Section 40 (3) of the … been framed arose. The Finance Act, 1960 (FA1960 exempted WTA No.16/2005 & connected matters Page 11 of 38 companies from the levy of wealth tax on their assets. However, the Finance Act 1983 (FA1983 revived wealth tax … regards AYs 1990-91 and 1991-92, the Revenue filed ITA Nos. 355 of 2002 and 101 of 2002 respectively in this Court.8. The ITAT changed its

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