Court : Mumbai
Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)
..... ratio as clearly brought out in the prayer clauses in the two company petitions. as required by section 394a of the companies act, 1956, the government of india in the ministry of law, justice and company affairs, was served with copies of the two company petitions with the prayers as set out hereinabove and the schemes also ..... and its property cannot be said to be the property of the union of india. hence, it is contended that by the act of amalgamation, there was no sale of any assets by the transferor-company (the sixth respondent) to the transferee-company (the ninth respondent) in the amalgamation. thus, it is urged that there ..... an interest in any of the properties or assets held by the company. the judgment of the supreme court in accountant and secretarial services pvt. ltd. v. union of india, : air1988sc1708 , was pressed into service to contend that a bank constituted under the banking companies (acquisition and transfer of undertakings) act, 1970, though materially controlled .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)BomCR514; 2005(2)MhLj363
..... from the plaintiff, such a suit does have a bearing on or a concern with the recovery of possession of such property. in the case of renusagar power company ltd. v. general electric company, : [1985]1scr432 , a division bench of this court had to consider the connotation of the term 'relating to ', tulzapurkar, j. at page 471 of s.c.r. ..... of the widest amplitude and content and include even questions as to the existence, validity and effect (scope) of the arbitration agreement.'in doypack systems pvt. ltd. v. union of india, : 1988(36)elt201(sc) : another division bench of this court consisting of sabyaschi mukherji (as he then was) and g.l. uza, jj., had an occasion to consider ..... the plaintiff, is filed to defeat the decree passed in the earlier suit.25. counsel for the defendant further submitted that it is settled position in law that in india possession must be obtained through a court of law and a person is not entitled to take law in his own hands. the object of 6 is to prevent a .....
Tag this Judgment!Court : Mumbai
Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)
..... of documents, deeds including the scheme, based upon the following authorities.87. the apex court in the case of khardah company ltd. v. raymon & co. (india) private ltd. air 1962 =raymon & co. (india) private ltd. air 1962 sc raymon & co. (india) private ltd. air 1962 sc 1810 : 1963 (3) scr 183 : 1963 (3) scr 183 : 1963 ( ..... availability to the government of crude oil and condensate, from all petroleum production activities in india meets the total national demand, each company comprising the contractor, shall be required to sell in the domestic market in india all of the company's entitlement to crude oil and condensate from the contract area in order to assist ..... changed to global fuel management services limited and now called 'reliance natural resources limited (rnpl)-the applicant company.7. a production sharing contract (psc) in respect thereof has been entered into between the government of india and the contractor on 12.4.2000. the psc as recorded is within respect of contract area .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)ALLMR660; 2002(5)BomCR653
..... known about shri sachin ahir in the area of social service priors to his election to the state assembly. if one is to be known by the company one keeps, then what is know about shri sachin ahir is rather adverse because of his close relation with a person who is claimed to be involved ..... subsequent government sought to interfere therewith. in that situation, the supreme court held that the union of india was precluded by the doctrine of promissory estoppel from questioning the authority of the minister in granting the permission and that the successor government was clearly bound by ..... mr. reis had relied upon the doctrine of promissory estoppel and pressed into service the observations of the apex court in express newspapers pvt. ltd. v. union of india, reported in : air1986sc872 . in that matter, what had happened was that when earlier government had permitted the construction of the building of express newspapers, but the .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR2507
..... 6 deals with a management committee. this committee is to be constituted in terms of article 6.2. two members are to represent government of india, and each company constituting the contractor is to nominate one member. the representative of the government is to be designated as the chairman, as stipulated in article 6 ..... this litigation can raise a challenge to this approval of price by the government in accordance with the psc in a company petition.305. lastly it is reiterated by the additional solicitor general of india that in view of the facts mentioned above, continuance of interim order restraining creation of any third party rights would seriously ..... gopalkrishnan and ors. : air1992sc453 and other cases like spindel fabrik sussen v. sussen textile bearings ltd. 1989 (2) cla 202; rolta india limited v. venire industries ltd. : 2000(2)bomcr241 ; il & fs trust company ltd. v. birla perucchini ltd. (2003) 4 comp lj 131 (bom) in order to demonstrate that the mou between the family members .....
Tag this Judgment!Court : Mumbai
Reported in : [1985]57CompCas241(Bom)
..... the stock exchange by normal bid and offer method only.4. while that was the position with regard to the facilities provided for nri investors for investment in india companies with full repatriation benefits, letter were addressed by the caparo tea co. pvt. ltd., the empire plantations and investment ltd. and assam frontier tea holding public ..... the caparo group ltd., respondent no. 4 herein, and these amounts were made available to m/s. rajaram bhasin & co., for the purchase of shares in india companies with full repatriation benefits. remittances in all aggregating to rs. 8.93 crores were received by the pnb from the caparo group ltd., respondent no. 4 between ..... shares be registered immediately. petitioner no. 2 apprised him of the illegalities in the purchase of shares and also gave copies of letters addressed by the company to the rbi detailing all the illegalities which forced them not to register the shares. on december 13, 1983, a meeting between petitioner no. 2 and representatives .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(1)MhLj658
..... argument regarding sweep of section 5, reliance is placed on the decision of the apex court in the case of union of india v. popular construction : 2001 (8) scc 470; empire jute company ltd. and ors. v. jute corporation of india ltd. and anr. 2007 (14) scc 680; cdc financial services (mauritius) limited v. bpl communication limited 2003 (12 ..... court had occasion to examine even the purport of section 5 of this act in series of judgments which have been pressed into service before us. (see empire jute company ltd. (supra); cdc financial services (mauritius) ltd. (supra); hindustan corporation ltd. (supra). it has been consistently held that section 5 takes away the jurisdiction of ..... respect of any cause of action arising at the place where he has such temporary lodging.explanation iii.-a corporation or company shall be deemed to carry on business at its sole or principal office in 2[india], or, in respect of any cause olfaction arising at any place where it has also a subordinate office, at .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR152
..... kerala and another, : [1964]6scr903 the state of rajasthan v. mukanchand and ors., and a.i.r. 1980 sc 1637, federation of hotel & restaurant v. union of india and others, save and except setting out the well established principles. in order to pass the test of permissible classification two conditions must be fulfilled, namely (i) that the ..... and sanjeev coke . & another v. the state of tamil nadu, and : air1981sc234 maharao saheb shri bhim singhji anantalakshmi pathabi ramacharan yaturi and others v. union of india and others, to urge that it is permissible for the court to hold that though the act is enacted for achieving the object under article 39(b) of the ..... that the act is for giving effect to the policy of the state towards securing the principle specified in clause (b) of article 39 of the constitution of india. section 1(2) provides that chapter viii, which as mentioned earlier deals with repairs and reconstruction or dilapidated buildings, and chapter viii-a is extended only to .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]109CompCas18(Bom)
..... had taken now a different view. they also relied upon the observations of my brother rebello j. in national insurance co. ltd. v. glaxo india ltd. (unreported judgment dated february 16, 1999, in company appeal no. 8 of 1998 in petition no. 14 of 1995) (since reported in : air1999bom240 ) to the effect that the judgment in the ..... to show what is the purpose behind such provisions in the u.k. in this connection, we cannot ignore the realities in india and the fact that unless these preventive mechanisms are strictly interpreted, indian companies would come in difficulty as canvassed by mr. nariman. it is true that there are various other preventive mechanisms as canvassed by ..... and participation.199. it has come to be recognised, as seen earlier, way back in charanjit lal chowdhury v. union of india, : [1950]1scr869 , that right to vote of a member of a company is a statutory right and in that case it was curtailed under the ordinance under which the management of solapur spinning and weaving .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR419
..... the transfer of shares or debentures is in contravention of any of the provisions of the securities and exchange board of india act, 1992 (15 of 1992), or regulations made thereunder or the sick industrial companies (special provisions) act, 1985 (1 of 1986), or any other law for the time being in force, within two months ..... share register). the statutes do not create any new right in the member. in england, as in most high courts in india, it is recognised that the procedure of rectification made available by the companies act is a summary procedure and that the petitioner may, in the court's discretion, if the matter be a complex one ..... 2) provides that the shares or debentures and any interest therein of a company shall be freely transferable. subsection (3) lays down that the company law board may, on an application made by a depository, company, participant or investor or the securities and exchange board of india, after such enquiry as it thinks fit, direct any depository to rectify .....
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