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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 … is only to give emphasis to those sections. Lord Watson in Dilworth v. Commissioner of Stamps (1999) AC 99 said that the word 'include' is very generally used in interpretation clause in order to enlarge the meaning

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 … issue adjudicated upon, pertained to the constitutional validity of the Constitution (Forty-second Amendment) Act, 1976, and more particularly, Sections 4 and 55 thereof, whereby Articles 31C and 368 of the Constitution, came to be amended. The majority

Pannalal Bhansali versus Bharti Telecom Limited & Ors.

Court : Supreme Court of India

Reported in : [2026] 3 S.C.R. 493

running foul of the mandate declared in 2010-MBA3. The Constitution Bench in 2010-MBA3 considered the challenge against the Companies (Second Amendment) Act, 2002, constituting the NCLT & NCLAT; pointedly for our purpose, with reference to Section 10-FL insofar as the constitution … per share which was subsequently raised to Rs.196.80 per share by the NCLT - Said reduction approved by 99.9% of total shareholders - Minority shareholders including appellants filed appeal challenging the same on the ground that the

Sharath Rukmangada and Another Vs. Cauvery Papers Limited (In Liqn), R ...

Court : Karnataka

Subject : Company

or before or after commencement of the Companies (Amendment) Act, 1960] (65 of 1960) (3) ***Omitted by the Companies (Second Amendment Act) Act, 2002 (4) Nothing in sub-section (1) or sub- section (3) shall apply to any proceeding pending in

The Commissioner of Income Tax Vs. M/S. Triumph International Finance ...

Court : Mumbai

Subject : Direct Taxation

the said failure.” 16. Chapter XXB containing Sections 269SS to Section 269TT were introduced by the Income Tax (Second Amendment) Act 1981 with effect from 11th July 1981 with a view to counter the evasion of tax. The object … completely different fields. The object of Section 80O is to encourage Indian Companies to develop technical know-how and make it available to foreign companies and … penalty for failure to comply with Section 269T of the Act. Section 269T has been substituted by Finance Act 2002 with effect from 1st June 2002 wherein the provision relating to repayment of deposit exceeding the prescribed limit

Holland (Respondent) Vs. the Commissioners for Her Majesty's Revenue a ...

Court : UK Supreme Court

Subject : Land Acquisition

liability pursuant to section 727 of the Companies Act 1985 ("CA 1985"). Second, he held that Mr Holland was entitled to a short period of … directors, any acts of those directors were to be valid: see from the Companies Clauses Consolidation Act 1845, section 99, and the Joint Stock Companies Act 1856, Sched, Table B, reg 60, through to the Companies Act 2006, … de facto directors are within section 212 IA 1986. That section, as amended by para 18 of Schedule 17 to the Enterprise Act 2002, provides … within section 212 IA 1986. That section, as amended by para 18 of Schedule 17 to the Enterprise Act 2002, provides so far as relevant as follows: "(1) This section applies if in the course of the winding

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 … be increased with due consideration to the prior decisions of the Court. 99 (b) The difference in the age of superannuation of the Members, Vice- … 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

Reliance Natural Resources Ltd. Vs. Reliance Industries Limited

Court : Mumbai

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

E.Bapanaiah Vs. K.S.Raju Etc.

Court : Supreme Court of India

Subject : Contempt of Court

as under:- “Provided that the provision of this section shall not apply on and after commencement of the Companies (Second Amendment) Act, 2002.” As such, on the date (3.8.2007) order passed by learned single Judge, the depositor had no option of

Md.MoiuudIn Vs. Most.Haliman Nisa and ors

Court : Supreme Court of India

Subject : Contempt of Court

as under:- “Provided that the provision of this section shall not apply on and after commencement of the Companies (Second Amendment) Act, 2002.” As such, on the date (3.8.2007) order passed by learned single Judge, the depositor had no option of