Judgment Search Results Home > Cases Phrase: companies act 2013 chapter xxix miscellaneous Page 1 of about 2,760 results (0.140 seconds)

Regional Provident Fund Commissioner Vs. Rabindra Chandra Chamaria and ...

Court : Kolkata

Reported in : (1990)1CALLT373(HC)

..... been an offence when the companies act enforced and it is, therefore, difficult to see how the companies act could become applicable in that case and when particularly the other act defining the offence itself provides punishment for offences/defaults committed by the companies'.it was further observed :-'if the words 'any proceeding' are of wide amplitude, then perhaps chapter xxi of the income-tax act dealing with penalties imposable for various defaults committed, under that act would also be ..... .'upon consideration of section 14(ac) of the provident funds act and section 86 of the employees state insurance act, it was held as follows :-'the prosecution proposed to be launched under the provident funds and miscellaneous provisions act and employees' state insurance act, are not at the behest of the registrar of companies or the share holders of the company or by a person authorised by central government in that behalf ..... and solely with ix view to frustrating the penal provisions of employees' provident funds and miscellaneous provisions act, 1952, the respondents for the fourth time moved this honourable court on the self same prayers for injunction restraining the applicant from taking any steps against the said company for wilful violation of the provisions of the said act and also praying for instalments for payment of huge sum of provident fund dues and .....

Manjudevi R. Somani Vs. Union of India and Others

Court : Gujarat

..... rule 10, clause (1) of chapter xxxii of the criminal manual 1977 regarding the distribution of business amongst the metropolitan magistrates, ahmedabad, thereby empowering the additional chief metropolitan magistrate, ahmedabad, to accept and decide cases under the provisions of the sarfaesi act 2002 arising within the limits of ahmedabad municipal corporation as well as the order dated 17th july 2012 passed by the additional chief metropolitan magistrate, ahmedabad, below exhibit 1 in miscellaneous application no.73 of 2012 are ..... placed before us by mr.g.m.joshi, the learned standing counsel for the high court, it is clear that at the time of creation of the post of additional chief metropolitan magistrate, ahmedabad, either by virtue of notification of 1986 or by the latest notification of 2013, the power under any other law for the time being in force apart from the code of criminal procedure 1973 has not been given. 25. ..... it was also brought to our notice that recently a fresh notification dated 6th february 2013 has been issued by the registrar general of this court in exercise of powers conferred under subsection (2) of section 17 of the code of criminal procedure 1973, by which all the metropolitan magistrates at ahmedabad have been appointed as additional chief ..... by act 1 of 2013, section 6 (a) (w.e.f. .....

Farhana Vs. The State Of Uttar Pradesh

Court : Supreme Court of India

..... there being no dispute that in the proceedings of the sole fir registered against the appellants for the offences under chapter xvii ipc being crime case no.173 of 2019, the appellants stand exonerated with the quashing of the said fir by the high court of judicature at allahabad by exercising the powers ..... section 2(b)(i) of the gangsters act is quoted hereinbelow:- 2(b) gang means a group of persons, who acting either singly or collectively, by violence, or threat or show of violence, or intimidation, or coercion or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person, indulge in anti-social activities, namely (i) offences punishable under chapter xvi, or chapter xvii, or chapter xxii of the indian penal code ..... is no dispute that the case set up by the prosecution against the appellants insofar as the offences under the gangsters act are concerned, is limited to section 2(b)(i) reproduced supra and none of the other clauses of the provision have been ..... the impugned fir being crime case no.424 of 2022 for offence punishable under section 3(1) of the gangsters act, registered at police station- bhognipur, district- kanpur dehat and all the proceedings sought to be taken thereunder ..... assailing the orders dated 14th november, 2022 and 6th december, 2022 passed by the division bench of the high court of judicature at allahabad rejecting criminal miscellaneous 1 writ petition nos. .....

Competition Commission Of India Vs. State Of Mizoram

Court : Supreme Court of India

..... section 54 forms part of chapter ix of the competition act under the general heading miscellaneous and it specifically empowers the central government to exempt from the application of the act or any provision thereof and for such period as it may specify in such notification. ..... the state of mizoram actually prayed to be deleted as a party as they contended that the appeal had become infructuous in the context of the order passed by the cci on 07.06.2012 and 11.06.2013 when it was opined that no fault could be attributed to the state and they would not pass any adverse orders against it. ..... the high court also took note of the stand of the cci, which found no 1 (1999) 9 scc700 2 (2006) 5 scc603 3 (2009) 12 scc209 15 contravention of section 4 of the competition act by the state of mizoram and, thus, there was no question of any further proceedings being allowed by the cci against the state of mizoram.20. ..... a complaint received by the competition commission of india (for short appellant/cci ) from respondent no.4 seeking investigation under the competition act, 2002 (hereinafter referred to as the 1 competition act ) in respect of state lottery run by the state of mizoram (respondent no.1) has given rise to the present dispute. ..... teesta distributors 10,000 - 5,00,000 these four companies/partnerships were selected as distributors to operate the lotteries as per the regulation rules and the regulation act. ..... 4 & 5 are private companies while respondent no.6 is a partnership firm.4. .....

Ramesh Singh and anr. Vs. Chinta Devi and ors.

Court : Patna

..... act provides in chapter ii 'licensing of drivers of motor vehicles' in chapter iv 'registration of motor vehicles', in chapter v 'control of transport vehicles, in chapter vii 'construction, equipment and maintenance of motor vehicles', in chapter viii 'control of traffic', in chapter ix 'motor vehicles temporarily leaving or visiting india', chapter x in 1988 act deals with 'liability without fault in certain cases' which contains sections 140 to 144 and which correspond to old sections 92a, 92b, 92c, 92d and 92e, which were inserted in the 1939 act by the 1982 amending act, chapter ..... , was whether in the absence of any provision giving retrospective effect to certain amendments made in the court-fees act, 1870, as applied to bombay by the court-fees (bombay amendment) act, 1954, which amendment came into force on 1-4-1954, the court-fees payable on two memoranda of appeal were ..... miscellaneous appeals involve a common question of law relating to the interpretation of some of the provisions of motor vehicles act, 1939 (hereinafter referred to as 'the 1939 act'), the motor vehicles act, 1988 (hereinafter referred to as 'the 1988 act) and section 6 of the general clauses act, 1897 (hereinafter referred to as 'the 1897 act ..... chapter v1i-a was introduced in the 1939 act whereby under section 92-a a new provision was made making the owners of the vehicle and the insurance companies ..... chapter ix related to offences, penalties and procedure, chapter x dealt with miscellaneous ..... miscellaneous .....

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... well as allvarieties of the product known commercially as tea made from the leaves ofthe plant camellia sinensis (l) o.kuntze including green tea;";is in pari materia with the state act.chapter ii of the act provides for constitution of the tea board.section 10 provides for the duties and functions of the board which in nouncertain terms states that it shall be the duty of ..... in theconcurrent list or the state list.article 253 of the constitution of india reads thus :- "legislation for giving effect to international agreements notwithstanding anything in the foregoing provisions of this chapter, parliament has power to make any law for the whole or any part of the territory of india for implementing any treaty, agreement or convention with any other country or countries ..... in india.the statement of objects and reasons, the report of the selectcommittee as also the various amendments made therein from time to time,particularly amending act 21 of 1967, amending act 22 of 1970, amending act75 of 1976, amending act 38 of 1983 and amending act 24 of 1986 leave nomanner of doubt that the tea industry had occupied a very importantposition in the country and in that view of the ..... butthe same must conform to its legislative competence vis-a-vis relevantentries of list i.conclusion:under the nationalization acts, except some collieries which belong tothe companies engaged in the business of manufacture of steel, all othermines for all intent and purport belong ..... chapter deals with .....

Rameshwarlal and ors. Vs. the Pareek Commercial Bank Ltd.

Court : Rajasthan

Reported in : AIR1970Raj12; [1971]41CompCas635(Raj)

..... a claim under order 21 rule 58 of code of civil procedure cannot be undertaken by the execution court and that it must be investigated and decided by the high court in terms of sections 45-a and 45-b of the banking companies act, but the decision seems to be based upoa hemanga coomar mookherjee's case, air 1952 cal 732 and i need not deal with it separately. 14. ..... of part iii-a and the rules made thereunder override anything inconsistent therewith con-taained in the companies act or the code of civil procedure, or any other law for the time being in force. ..... made rules under the act and these are to be found in chapter xxix of the high court ..... court fee was not paid in time, and observed that if the applicants thought that they had a remedy by way of an application under section 45n(2) of the banking companies act, 1949 (hereinafter referred to as the act), they were free to move fresh applications thereunder. 4. ..... judgment would stand in the way of the petitioner raising the question about the maintainability of a claim petition under section 45b of the banking companies act in the circumstances on which the appellant non-petitioner relies.'5. ..... necessary to obtain the leave of the court for filing those claims or objections under section 171 of the companies act. ..... it was dismissed as premature on july 24, 1962 and the applicants were directed to argue before the company judge whether their applications were in the nature of claims, and not suits, and were maintainable without the .....

Sahara India Real Estate Corporation Limited and Others. Vs. Securitie ...

Court : Supreme Court of India

Reported in : (2013)1SCC1

..... that the ofcds in question fall in one or the other exempted categories, defined through clauses (a) or (b) of section 67(3), still in so far as the present controversy is concerned, the same would not constitute an exception to sub-sections (1) and (2) of section 67 of the companies act, because the invitation/offer of ofcds, in the present controversy, was admittedly made to approximately 3 crore persons (expressed as 30 million persons by the sat in the impugned order dated 18.10.2011) and was subscribed to by 66 lakh persons ( ..... (2), (3) and (4), red herring prospectus means a prospectus which does not have complete particulars on the price of the securities offered and the quantum of securities offered.the expression prospectus is also defined in the act vide section 2(36) of the companies act as follows:2(36) prospectus" means any document described or issued as a prospectus and includes any notice, circular, advertisement or other document inviting deposits from the public or inviting offers from the public for the subscription ..... . other miscellaneous requirements:-issuer should, after registering the red herring prospectus, with the registrar of companies, make a pre-issue advertisement in one english national daily newspaper with wide circulation, hindi national daily newspaper with wide circulation and one regional language newspaper with wide circulation at the place where ..... powers and functions of sebi are dealt with in chapter iv of the sebi act. .....

Sri Vasantha Venugopala Swamy Vari Temple Rep. by Its Chairman Nuvvula ...

Court : Andhra Pradesh

Reported in : 2009(5)ALT743

..... is a landless poor person has not yet been conducted and the petitioner is still continuing in possession of the land which is less than the limits specified under the explanation to section 82(2) of the act, the action of the 1st respondent in proposing to auction the leasehold rights in respect of the lands in possession of the petitioner is impermissible and illegal.accordingly, the auction under the impugned notice to ..... 2:- in the light of the same, the appellants are bound to succeed and accordingly the orders impugned in these civil miscellaneous appeals are hereby set aside, but however, in the light of the grounds raised in the present civil miscellaneous appeals, these matters are remitted to the learned junior civil judge, nandigama, to give opportunity to both the parties to advance submissions and ..... when the order made by the deputy commissioner had attained finality and conclusiveness and the matter could not be challenged except in the manner provided under the act and that course having not been adopted the high court allowed the letters patent appeals and set aside the judgment and decree passed by the trial court ..... not completely ousted under the companies act, 1956.17. ..... the explanation to sub-section 1 of section 83 of the act specifies as hereunder.for the purpose of this chapter the expression 'encroacher' shall mean any person who unauthorisedly occupy any land or building or space and deemed to include any person who is in occupation of the land or building .....

Sooraram Pratap Reddy and ors. Vs. District Collector, Ranga Reddy Dis ...

Court : Supreme Court of India

Reported in : 2008(6)ALD19(SC); 2008(4)AWC3875(SC); JT2008(9)SC622; RLW2008(4)SC2794; 2008(12)SCALE367; (2008)9SCC552; 2008(6)Supreme402

..... in clause (e) of section 6 thus:(e) the expression `company' means-(i) a company as defined in section 3 of the companies act, 1956 (1 of 1956), other than a government company referred to in clause (cc);(ii) a society registered under the societies registration act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a state, other than a society referred to in clause (cc);(iii) a co-operative society within the meaning of any ..... makes it clear that a `company' is as defined under the companies act, 1956, or a society registered under the societies registration act, 1860 or a cooperative society ..... sponsored by government, or by any authority established by government for carrying out any such scheme, or, with the prior approval of the appropriate government, by a local authority, or a society registered under the societies registration act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a state, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in ..... , simply because in the notification issued under section 4 of the act it was stated that the land was needed for a public purpose, namely, for a play- ground for students of amar nath vidya ashram (public school), mathura, it cannot be said that the acquisition is for a public purpose and not under chapter (part) vii for the appellant- society in view of subsequent events ..... deals with miscellaneous matters.eminent .....