Court : Delhi
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4340/2017 Reserved on :10. h November, 2017 Date of decision :5. h December, 2017 ........ Petitioner M/S ATV PROJECTS (INDIA) LTD Through: Mr. Ramji Srinivasan, Senior Advocate with Mr. Kuljeet Rawal, Mr. Saurabh Malhotra, Mr. Sohil Yadav & Mr. Tushar Bhardwaj, Advocates. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Kirtiman Singh, Mr. Prateek Dhanda, Mr. Waize Ali Noor & Mr. Momin Khan, Advocates for R-1. Mr. D.R. Senior Standing Counsel alongwith Mrs. Sapna Jain Advocate for R-3. Mr. Rohit Bhagat, Advocate for Mr. Saurabh Chadda, Advocate for R-5. Jain, CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh J., The petitioner ATV Projects (India) Pvt. Ltd. has filed the present writ petition challenging the constitutional validity of W.P.(C) 4340/2017 Page 1 of 17 Section 4(b) of the Sick Industrial Companies (Special Provisions) Repeal Act, 2003 (hereinafter R...
Tag this Judgment!Court : Mumbai
Reported in : [1995]82CompCas342(Bom)
Mrs. Sujata Manohar, J. 1. The appellants are the Maharashtra State Financial Corporation. The appellants lent and advanced to Atrois Chemicals Private Limited (hereinafter referred to as 'the company') a sum of Rs. 6 lakhs which was secured by an indenture of mortgage dated January 28, 1980, executed by the company whereby the company mortgaged its land, building, plant and machinery, etc., situate at Tarapur, in favour of the appellants. This deed of mortgage has been lodged for registration with the sub-registrar of assurances at Bombay, on January 28, 1980. The charge in favour of the appellants is also registered with the Registrar of Companies on November 3, 1980, under section 125 of the Companies Act, 1956. 2. The company was also sanctioned another loan of Rs. 2 lakhs by the appellants. This loan was secured by a deed of further charge dated June 16, 1981, executed by the company. The charge is also registered with the sub-registrar of assurances at Bombay, on June 16, 1981. T...
Tag this Judgment!Court : Mumbai
Reported in : [1980]50CompCas646(Bom)
Smt. Sujata Manohar, J.1. The petitioners are the shareholders of M/s. Kelly and Henderson P. Ltd., a company incorporated on 16th November, 1947, with an authorised share capital of Rs. 25 lakhs divided into 2,500 shares of Rs. 1,000 each and the issued capital of Rs. 5,40,000 divided into 540 shares of Rs. 1,000 each out of which only 140 shares are fully paid up while 400 shares are unpaid. The 2nd petitioner is also a director of the company. The main business of the company is running a hotel known as 'Hotel Waldorf.' 2. It appears to be almost a family concern. The petitioners are sisters. Their father, Sardar Bakshi Dalip Singh, claims to have started this company. Apart from the petitioners who are the daughters of Sardar Bakshi Dalip Singh, the other shareholders are the widowed daughter-in-law, the two grandsons and the wife (since deceased) of Sardar Bakshi Dilip Singh. The only outsider is Sardar Teja Singh who holds 2 shares in the company. The present petition has been fi...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)216CTR(SC)102; [2008]300ITR251(SC); JT2008(5)SC529; 2008(6)SCALE659; 2008AIRSCW3407
Dalveer Bhandari, J.1. These appeals are directed against the judgment passed by a Division Bench of the Kerala High Court at Ernakulam on 13th November, 2001 whereby the High Court has decided Income Tax Reference Nos.245, 259, 289 and 293 of 1999 by a common judgment.2. The main question which arose for consideration before the Court below was:Whether in respect of a company consistently charging depreciation in its books of account at the rates prescribed in the Income-tax Rules, the Income Tax Officer has jurisdiction under Section 115J of the Income Tax Act, 1961 to rework net profits by substituting the rates prescribed in Schedule XIV of the Companies Act, 19563. The concept of a minimum tax on zero tax companies was introduced under Section 80VVA of the Income Tax Act, 1961 (hereinafter referred to as 'the 1961 Act') when a ceiling was placed on allowances by the Finance Act, 1983 with effect from the Assessment Year 1984-85. However, the allowances unabsorbed, because of the r...
Tag this Judgment!Court : Kolkata
Reported in : [1968]38CompCas371(Cal),72CWN117
A.N. Sen, J.1. Mica Export Promotion Council is a company incorporated under the Companies Act, 1956. Disputes have arisen with regard to the election of the committee members of the said company. The petitioners in the present application are the company itself and some of the members of the said company. There are 16 respondents who are also members of the said company and the said respondents have been sued in their personal capacity and also in their representative capacity, as representing the other members of the said company who are supporting the validity of an election proposed to be held pursuant to the decision alleged to have been taken at the 9th annual general meeting of the company held on the 25th March, 1966. In this application the petitioners ask for an injunction restraining the respondents, their agents and servants from holding any election pursuant to the alleged resolution and/or decision and/or agreement and also from counting or allowing to be counted the ball...
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal247,68CWN302
A.N. Ray, J. 1. This is a suit for a declaration that the notice dated March 1, 1963, is null and void, and that the resolutions mentioned in the purported notice dated March 1, 1963, are illegal, unlawful and ultra vires the articles of the defendant company. A further declaration is asked for that the general meeting of the company held on March 30, 1063 and the resolutions purported to be passed thereat are illegal and ultra vires and of no effect, and not binding on the plaintiff and other share-holders. An injunction is asked for to restrain the defendants from holding meeting and a further injunction to restrain the defendants from implementing or giving effect to the resolution which may be passed at the meeting. An injunction is also asked for to restrain in defendants from implementing or giving effect to the resolutions which were purported to be passed at the meeting. 2. The plaintiff is a share-holder of the defendant Swadeshi Cloth Dealers 'Ltd., and others hereinafter ref...
Tag this Judgment!Court : Delhi
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:17.10.2012 Judgment delivered on:01.11.2012 + CO.PET. 62/2008 and CO. APPL. NOS. 263-264/2008, 405/2008, 455/2008, 662/2008, 1176/2008, 1274/2008, 968/2009, 1089- 1090/2009, 237/2011, 385/2011 LAGUNA HOLDINGS PVT. LTD. & ORS ..... Petitioners Through Mr. Rajiv Sahwahney, Sr. Adv. with Mr.Vivek Kohli and Mr. Karn Gupta, Advs. versus EDEN PARK HOTELS PVT. LTD. & ORS ..... Respondents Through Mr P.V. Kapur, Sr Advocate with Ms. Anuradha Dutt , Mr.Pawan Sharma, Ms. Ekta Kapil, Mr.Siddharth Aggarwal, Mr. Aman Anand, Ms.Anubha Singh & Ms.Divya Bhalla, Advocates. INDERMEET KAUR, J.1 The petitioners (hereinafter referred to as the DKG Group) seek winding up of the respondent company (Eden Park Hotels Pvt. Ltd.) under Section 433 (c) & (f) of the Companies Act. There are four petitioners before this Court. Petitioner no.2 (Davinder Kumar Jain) had special relations with respondent no.3 (Sushil Kumar Gupta); they were close fa...
Tag this Judgment!Court : Delhi
$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. 11.2019 + W.P.(CRL) No.3175/2019, CRL. M.A. 40150/2019 & CRL M.A. 40151/2019 KAMAL LUTHRA ........ Petitioner Through Mr. N.Hari Haran, Sr. Adv. with Mr. Narendera M.Sharma, Mr. Ankur sood, Mr. Sachin Mittal, Mr. Abhishek Sharma, Mr. Pravesh Khyalia, Mr.Siddhartha Jain, Mr. Aditya Singh and Mr. Akshay Arya, Advocates. versus SERIOUS FRAUD INVESTIGATION OFFICE ..... Respondent CORAM: HON'BLE MR. JUSTICE BRIJESH SETHI Through Mr. Rahul Arora, Sr. Prosecutor for state. Mr.Anurag Ahluwalia-CGSC with Mr. S.S.Sahni, Assistant Director, Sh. P.C.Maurya, Additional director and Ms. Ruhi Arora, Sr. A.D. for R- 1(SFIO). JUDGMENT BRIJESH SETHI,J (Oral) W.P.(CRL) No.3175/2019 Page 1 of 11 1. Vide this order, I shall dispose of Writ Petition filed under article 226 of the constitution of India read with Section 482 of the Cr.P.C. for quashing of the order Dated 14.10.2019 and 11.11.2019 passed by Ms. Neelam Singh, Ld. ASJ-03 cum spe...
Tag this Judgment!Court : Karnataka
- 1 - NC:2024. KHC:14889 WP No.4380 of 2018 C/W WP No.3624 of 2018 WP No.3625 of 2018 WP No.3632 of 2018 WP No.3642 of 2018 WP No.3829 of 2018 WP No.3943 of 2018 WP No.4381 of 2018 WP No.4671 of 2018 WP No.6074 of 2018 WP No.11889 of 2018 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION No.4380 OF2018(GM-RES) C/W WRIT PETITION No.3624 OF2018(GM-RES), WRIT PETITION No.3625 OF2018(GM-RES), WRIT PETITION No.3632 OF2018(GM-RES), WRIT PETITION No.3642 OF2018(GM-RES), WRIT PETITION No.3829 OF2018(GM-RES), WRIT PETITION No.3943 OF2018(GM-RES), WRIT PETITION No.4381 OF2018(GM-RES), WRIT PETITION No.4671 OF2018(GM-RES), WRIT PETITION No.6074 OF2018(GM-RES), WRIT PETITION No.11889 OF2018(GM-RES) IN WRIT PETITION NO.4380/2018: BETWEEN: SRIVIDYA C G D/O SRI C V GOPALAKRISHNAN RESIDING AT0405 HOLLAND GEMS3TAMAN NAKHODA, SINGAPORE-257 744. ...PETITIONER (BY SRI UDAYA HOLLA, SENIOR COUNSEL FOR SRI AMAR ...
Tag this Judgment!Court : Karnataka
- 1 - NC:2024. KHC:14889 WP No.4380 of 2018 C/W WP No.3624 of 2018 WP No.3625 of 2018 WP No.3632 of 2018 WP No.3642 of 2018 WP No.3829 of 2018 WP No.3943 of 2018 WP No.4381 of 2018 WP No.4671 of 2018 WP No.6074 of 2018 WP No.11889 of 2018 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION No.4380 OF2018(GM-RES) C/W WRIT PETITION No.3624 OF2018(GM-RES), WRIT PETITION No.3625 OF2018(GM-RES), WRIT PETITION No.3632 OF2018(GM-RES), WRIT PETITION No.3642 OF2018(GM-RES), WRIT PETITION No.3829 OF2018(GM-RES), WRIT PETITION No.3943 OF2018(GM-RES), WRIT PETITION No.4381 OF2018(GM-RES), WRIT PETITION No.4671 OF2018(GM-RES), WRIT PETITION No.6074 OF2018(GM-RES), WRIT PETITION No.11889 OF2018(GM-RES) IN WRIT PETITION NO.4380/2018: BETWEEN: SRIVIDYA C G D/O SRI C V GOPALAKRISHNAN RESIDING AT0405 HOLLAND GEMS3TAMAN NAKHODA, SINGAPORE-257 744. ...PETITIONER (BY SRI UDAYA HOLLA, SENIOR COUNSEL FOR SRI AMAR ...
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