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Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

Subject : Right to Information

Regulatory Authority of India Act, 1997, Section 47 of the Banking Regulation Act, 1949, Section 26(1) of the Securities and Exchange Board of India Act, 1992, Section 19 of the Environment (Protection) Act, 1986, Section 43 of … or decree of the Supreme Court.” 73. Relying on Section 6(2), which was introduced by way of the Amendment Act, 2002 (Act 14 of 2002) that came into force from 6-8-2002, it is submitted by Mr Rohatgi that … is the position in law contained in Section 11 of the Indian Contract Act, 1872, Section 45ZA of the Banking Writ Petition (Civil) No.494 of

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

Subject : Direct Taxation

tribunals/fora under different statutory provisions, such as, under the Securities and Exchange Board of India Act, 1992, the Securities Contracts (Regulation) Act, 1956, the Telecom Regulatory Authority of India Act, 1991, the Companies Act, 2013, the Company Law Board … Regulatory Authority of India Act, 1991, the Companies Act, 2013, the Company Law Board Regulations, 1991, the Competition (Amendment) Act, 2007, and the Special Economic Zone Rules, 2006. We were informed, that Chartered Accountants were also entitled to appear … at least fifteen years working experience as a Secretary in wholetime practice as defined in clause (45-A) of Section 2 of this Act and is a member of the Institute of the Company Secretaries of India constituted under

The Commissioner of Income-tax Vs. A.K. Khosla

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10, 14, 15, 16, 17, 17(1), 17(2), 17(3), 143(1), 143(3), 147 and 148; ;Indian Income Tax Act, 1922 - Section 7(1); ;Income Tax Rules - Rule 3; ;Finance Act, 1999 - Section 17(2); ;Finance Act, 2001; ;Finance Act, 2002 - Section 271; ;Securities Contracts (Regulation) Act, 1956 - Section 2; ;Constitution of India - Article 20(1)

taken as nil;(b) 'specified security' means the securities as defined in Clause (h) of Section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956), and includes employees' stock option and sweat equity shares;(c) 'sweat equity shares' means … the new provision of Section 17(3)(ii), which was inserted by the Finance Act, 2002 and held that the amendment is only prospective in nature and not retrospective and in paragraph 22, it has been held as follows:In

Krishi Utpadan Mandi Samiti, Sikandra Rao Through Its Secretary Vs. U. ...

Court : Allahabad

Subject : Arbitration

Reported in : AIR2009All14; 2008(4)ARBLR432(All); 2008(4)AWC3807

considering the Bombay Stock Exchange byelaws No. 248 and 249(a) made under Section 2(4) and 10 of the Securities Contracts (Regulation) Act, 1956 held that challenge to the composition of Arbitration Tribunal of two members (even numbers) would prevail … Shahr under Section 6(2) of the Interest on Delayed Payments to Small Scale Ancillary Undertaking Act, 1993 as amended by Act No. 23 of 1998 (in short the Act) awarding the sums claimed with interest at the

A.Chandrasekaran Vs. Yoha Securities Limited

Court : Chennai

Subject : MRTP

the Contract Act, 1872. After noting that the bye-laws were framed in terms of Section 9 of the Securities Contracts (Regulation) Act, 1956, the Delhi High Court took note of the power granted to the Court under Section 43(3) … Insurance Co. Ltd vs. Sujir Ganesh Nayak & Co. {AIR1997SC2049 and the amendment made to Section 28 of the Contract Act, the Delhi High Court … limitation. Therefore, the Delhi High Court held that if bye-law 3 was only contractual then by virtue of Section 2(4) of the Arbitration Act, Section 28 of the Contract Act would come into play. Consequently, the Court held

M/S. Uniword Telecom Ltd. and Another Vs. State of U.P. and Others

Court : Allahabad

Subject : Education

shall be in addition to, and not in derogation of, the Companies Act, 1956 (1 of 1956), the Securities Contracts (Regulation) Act, 1956 (42" of 1956), the Securities and Exchange Board of India Act, 1992 (15 of 1992), the … Steel Ltd and Anr Vs. Punjab and Sind Bank and Ors, AIR 2007 Gujrat 126, and (2) Paschim Petrochem Ltd. Vs. Kotak Mahindra Bank Ltd.2010 … instrument having effect by virtue of any such law." Section 41 of the SARFAESI Act, 2002 provides for amendment in certain enactments as specified in the schedule. Section 41 read with schedule inserts two proviso (second and

Prakash Gupta Vs. Securities And Exchange Board Of India

Court : Supreme Court of India

Subject : Land Acquisition

under Section 24A of the SEBI Act, Section 22A of the Depositories Act and Section 23N of the Securities Contracts (Regulation) Act, 1956. It noted that compounding of an offence “may cover appropriate prosecution cases filed by SEBI before … (a) by an order of the Board made, on and after the commencement of the Securities Laws (Second Amendment) Act, 1999, under this Act, or the rules or regulations made thereunder; or (b) by an order made by … language of Section 24A. 4 39 In a circular dated 20 April 2007 , SEBI issued guidelines for consent orders under Sections 15T of the … SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No 569 of 2021 (Arising out of SLP (Crl) No.4728 of 2019) Prakash Gupta .... Appellant

The Authorized Officer,indian Bank Vs. D. Visalakshi

Court : Supreme Court of India

Subject : Land Acquisition

shall be in addition to, and not in derogation of, the Companies Act, 1956 (1 of 1956), the Securities Contracts (Regulation) Act, 1956 (42 of 33 1956), the Securities and Exchange Board of India Act 1992 (15 of 1992), … authority depending upon where he is situated. On that basis, it 48 2007 (2) KLT470(SC) (paragraph Nos.34 and35) 49 (1996) 1 SCC64250 (1988) 3 SCC60927 … the Appellate Tribunal (DRAT) is also provided under Section 18 of the Act.16. Section 14, inserted through the Amendment Act No.1 of 2013, contemplates delegation of power to assist, by the District Magistrate/Chief Metropolitan Magistrate, to any officer … urged that the 2002 Act does not define the term “CMM” or “DM”. Reliance is then placed on Section 2(k) of Cr.P.C. which defines the expression “metropolitan area” and Section 3 of Cr.P.C. which defines the expression “CMM”

Jer Rutton Kavasmanek and anr. Vs. Gharda Chemicals Ltd. and ors.

Court : Mumbai

Subject : Company Law

Acts : Companies Act, 1956 - Section 43A; General Clauses Act - Section 6; Securities Contracts (Regulation) Act, 1956 - Section 28; Sick Industrial Companies (Special Provisions) Act, 1985; Depositories Act, 1996

was issued on 27th June 1961 by which, in exercise of powers conferred by Section 28(2) of the Securities Contracts (Regulation) Act, 1956, the Central Government specified contracts of preemption as contained in promotion or collaboration agreements or in … proposed, inter alia, to insert an additional clause (d) in its Articles of Association pursuant to the Companies Amendment Act, 2000 (Amendment Act). The Resolution was not passed. After setting out details of the Authorised, subscribed and paid … March 2006. 50] It is further stated that sometime in the year 2007 at a meeting held between the second respondent and second appellant, the

Coal India Ltd Vs. Competition Commission Of India

Court : Supreme Court of India

Subject : Land Acquisition

its turnover for each year of the continuance of such agreement, whichever is higher. (c) Omitted by Competition (Amendment) Act, 2007 (d) direct that the agreements shall stand modified to the extent and in the manner as may be … has been, engaged only in the business of acquiring, holding, underwriting or dealing with shares, debentures or other securities of any other body corporate shall be deemed to be an undertaking. Explanation III.-For the removal of doubts, … empowers the CCI to divide enterprises abusing dominant position including adjustment of contracts, formation of winding up of enterprises among other things.13. Next, it is … Constitution of India reads as under: “31B. Validation of certain Acts and Regulations Without prejudice to the generality of the provisions contained in Article 31A, … other words, while there may be indication in Section 19(4)(g) of the Act that the fact that … INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2845 of 2017 COAL INDIA LIMITED AND ANR. ...APPELLANT(S) VERSUS COMPETITION