Judgment Search Results Home > Cases Phrase: companies act 2013 chapter xxix miscellaneous Court: supreme court of india Page 1 of about 362 results (0.176 seconds)

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. .....

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 .....

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. .....

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 .....

Madhumilan Syntex Ltd. and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2007SC1481; 2007(2)BLJR1409; (2007)208CTR(SC)417; 2007(210)ELT484(SC); [2007]290ITR199(SC); JT2007(4)SC542; (2007)147PLR717; 2007(5)SCALE68

..... such' the court observed that there was no clear averment that the directors were in charge of and responsible for the conduct of business and the complainant has merely presumed that the directors of the company must be guilty because they were holding a particular office.this court, in the circumstances, observed;so far as the manager is concerned, we are satisfied that from the very nature of his duties it ..... inter alia, defines 'director' in relation to a company having the meaning assigned to it in the companies act, 1956. ..... in our opinion, however, no such independent and separate notice is necessary and when in the show cause notice it was stated that the directors were to be considered as principal officers under the act and a complaint was filed, such complaint is entertainable by a court provided it is otherwise maintainable.in view of the aforesaid discussion, the sanction to prosecute granted by the second respondent cannot be held illegal or ..... (indore bench), by filing miscellaneous criminal petition under section 482 of the ..... pay to the credit of the central government, the tax deducted at source by him as required by or under the provisions of chapter xvii-b he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine.section 278b covered cases where offences were committed by companies. ..... chapter xxii ..... chapter xvii deals with 'collection and recovery of tax' and 'deduction .....

E.P.F.Commissioner Vs. O.L.of Esskay Pharmaceuticals Ltd.

Court : Supreme Court of India

..... these appeals is whether priority given to the dues payable by an employer under section 11 of the employees' provident funds and miscellaneous provisions act, 1952 (for short, `the epf act') is subject to section 529a of the companies act, 1956 (for short, `the companies act') in terms of which the workmen's dues and debts due to secured creditors are required to be paid in priority to all ..... first charge in favour of banks, financial institutions or other secured creditors on the property of the borrower, then it would have incorporated a provision like section 529-a of the companies act or section 11(2) of the epf act and ensured that notwithstanding series of judicial pronouncements, dues of banks, financial institutions and other secured creditors should have priority over the state's statutory first charge in the matter of ..... overriding effect to the provisions of chapter iv-a of the motor vehicles act whereas section 43 of the defence of india act, 1962, gave overriding effect to ..... companies act, which consists of 5 chapters contains provisions relating to winding up of a company ..... conflict between the provisions contained in rule 131(2) (g) and (i) of the defence of india rules, 1962 and chapter iv-a of the motor vehicles act, 1939. ..... chapter viii of the narasimham committee's second report in which specific reference was made to the provisions relating to mortgages under the transfer of property act ..... the provisions contained in chapter v (sections 528 to 560), which deal with proof .....

Shah Babulal Khimji Vs. Jayaben D. Kania and anr.

Court : Supreme Court of India

Reported in : AIR1981SC1786; 1981(3)SCALE1169; (1981)4SCC8; [1982]1SCR187

..... for instance, in this very case with which this court was dealing, an order passed under section 202 of the companies act was appealable to a larger bench and yet it was argued that the order being of an interlocutory nature would not be a judgment and therefore no appeal would lie ..... similarly, in shankarlal aggarwal's case (supra) this court while construing the provisions of section 202 of the indian companies act observed as follows:there was no doubt either that most of the orders or decisions in winding up would not be comprehended within the class of appealable orders specified in section 104 or ..... section 588 of the code of 1877 provided that an appeal from any order specified in section 588 shall lie to the high court or when an appeal from any other order is allowed by the chapter it would lie to the court to which an appeal would lie from the decree in the suit in respect of which such order was made or when such order is passed by a court other than the high ..... under order 43 rule 1 before a single judge, a further appeal will have to lie before a larger bench against the order of the trial judge although section 104 prevents a second appeal against miscellaneous orders under order 43 rule 1 and permits only one appeal. ..... clear that appeals against orders mentioned in order 43 rule 1 were not in any way inconsistent with the letters patent and merely provided an additional remedy by allowing appeals against miscellaneous orders passed by the trial judge to a larger bench. .....

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court : Supreme Court of India

Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

..... 311, the facts were that an order was issued on behalf of the company law board under section 237(b) of the companies act appointing four inspectors to investigate the affairs of the appellant-company on the ground that the board was of the opinion that there were circumstances suggesting that the business of the appellant-company was being conducted with intent to defraud its creditors, members or any other persons ..... article 365, which incidentally does not occur in part xviii, but in part xix (miscellaneous) merely says that where any state has failed to comply with or give effect to any directions given by the union of india in exercise of its executive power under my of the provisions of ..... ayodhya only by way of a symbolic righting of historic wrongs, so that the old unhappy chapter of acrimony could be ended, and a grand national reconciliation effected. ..... the provisions of the constitution include the chapter relating to fundamental rights, the chapter relating to directive principles of the state policy ..... may/june, 1991 mid-term poll states that the bjp 'seeks the restoration of ram janambhoomi in ayodhya only by way of a symbolic righting of historic wrongs, so that the old unhappy chapter of acrimony could be ended, and a grand national reconciliation effected. ..... the said words cannot be limited or confined to a particular chapter in the constitution or to a particular set of articles, while construing a constitutional provision, such a limitation ought not to be ordinarily .....

M.R. Pratap Vs. V.M. Muthukrishnan, Income Tax Officer, Central Circle ...

Court : Supreme Court of India

Reported in : AIR1994SC674; [1992]74CompCas400(SC); (1992)2CompLJ156(SC); 1994CriLJ628; 1992(2)Crimes349(SC); (1992)104CTR(SC)203; [1992]196ITR1(SC); JT1992(4)SC22; 1992(1)SCALE992; (199

..... a karta in the case of a hindu undivided family can be prosecuted, and, therefore, by virtue of the said new amendments, the legislature in its wisdom has thought it fit to bring the managing director also along with the company as accused person only by this amendment which takes effect from 1st october 1975, and this introduction of the amendment will go in support of the appellant's contention that the legislature itself had not, during the ..... at the relevant time section 197a of the companies act provided that no company shall appoint or employ at the same time more than one of the following categories of managerial personnel, viz. ..... judge but before this court really one contention was urged, namely--that the word 'person' occurring in section 277 of the act would relate only to an assessee and not to any person other than the assessee and, therefore, the appellant who signed the return of income on behalf of the company in the capacity of managing director, cannot be included within the definition of the word 'person' as used in section 277 and, consequently, if person ..... the appellant herein filed' a miscellaneous petition before the magistrate as to the maintainability of the complaint against him in his capacity as the managing director. ..... however, according to learned counsel for the respondent under chapter xxii, in sections 276, 276a, 276b, 277, 278 and 279, the word 'person' is used. .....