Judgment Search Results Home > Cases Phrase: companies amendment act 2002 Court: punjab and haryana Page 1 of about 23,715 results (0.118 seconds)

Haryana Financial Corporation Vs. Dev Papers P. Ltd. (In Liquidation) ...

Court : Punjab and Haryana

Reported in : [2009]150CompCas399(P& H)

..... industrial companies and thus, the provisions of section 424g are not attracted at all. as a matter of fact clause (i) of section 433 has no ..... (i) unless an opinion is formulated by the company court regarding the existence of the circumstances specified in section 424g. this contention of learned counsel for the respondent is totally fallacious and misconceived. the present proceedings for winding up have not been initiated under part vi-a as inserted by the companies (second amendment) act, 2002, which deals with the revival and rehabilitation of sick .....

The Customs Superintendent, Central Excise Vs. Punjab Wireless System ...

Court : Punjab and Haryana

Reported in : (2007)4PLR4

..... reproduced under:section 456. custody of company's property. - (1) where a winding up order has been made or where a provisional ..... under section 456(2) of the act that all the property and effects of the company shall be deemed to be in the custody of the court (tribunal), as has been sought to be substituted by way of the companies (second amendment) act, 2002, from the date of the order for the winding of company. for reference the aforesaid provision is ..... creditors. in any case, the dues being government dues, shall be determinable by the official liquidator on submission of their claim pursuance to the provisions of the companies act.14. it has also been contended that the c.w.c. also did not initiate any proceedings for the purpose of recovery of their dues as none .....

Pawan Goel Vs. Kmg Milk Food Ltd. and ors.

Court : Punjab and Haryana

Reported in : [2008]142CompCas441(P& H); (2008)2CompLJ213(P& H); (2008)149PLR98; [2009]89SCL121(Punj& Har)

..... is prescribed under section 10f which reads as under:10f. appeal against orders of the company law board.-any person aggrieved by any decision or order of the company law board (made before the commencement of the companies (second amendment) act, 2002) may file an appeal to the high court within 60 days from the date of ..... communication of the decision or order of the company law board to him on any question of law arising ..... and where the resolutions impugned by the appellant appointing other directors were passed without notice to the appellant though even the quorum as contemplated under section 287 of the companies act, 1956, was not complete. learned counsel for the appellant relies on stridewell leathers p. ltd. v. bhankerpur simbhaoli beverages p. ltd. : air1994sc158 , .....

Jagdish Singh Walia Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (2005)141PLR610

..... be resolved by ignoring the bye-laws. it has further been submitted that 1984 act has been repealed by the multi state co-operative societies, act, 2002, which has been enforced w.e.f. 19.8.2002. section 38(3) of the 1984 act (as amended in 2002) provides that even a director could represent the markfed. it is claimed that there ..... specifically forming part of the contract of service. they bye-laws that can be framed by a society under the act are similar in nature to the articles of association of a company incorporated under the companies act and such articles of association have never been held to have the force of law. in a number of cases, ..... conditions of service for industries are laid down by standing orders certified under the industrial employment (standing orders) act, 1946, and it has been held .....

icici Prudential Life Insurance Company Ltd. and Another Vs. Icici Pru ...

Court : Punjab and Haryana

..... kaur- widow of the deceased life assured instituted an application under section 22-c of the legal services authorities (amendment) act, 2002, (for short the act .) before the permanent lok adalat (pus) patiala. the claim was contested by the petitioner-company and the reasons given in the repudiation letter were urged as being sufficient to non-suit the nominee from payment ..... the widow was informed that the life assured was arrested by the police for smuggling smack and a case under the narcotics act was registered against him by the police on 27.7.2008. the company informed the widow that she could represent against the repudiation letter within 30 days for re-examination of the matter by the ..... the oriental bank of commerce. the medical was done on 20.7.2009 through an agent of the company and the insurance cover doled out on 24.7.2009. the life link super plan under which the parties acted was not based on continuing obligation to pay premium from time to time. it was an insurance plan .....

Oswal Agro Furance Workers Union Through President Vs. Oswal Agro Fura ...

Court : Punjab and Haryana

Reported in : [2009]151CompCas528(P& H); (2009)154PLR300

..... supreme court had held that the provisions of code of civil procedure would be applicable in proceedings under the companies act. he has further referred to the section 10fza that expressly brought out through the amendment act of 2002, a specific reference to the power of the tribunal, which in its present situation continues to be the court ..... , to review its own decisions.9. learned counsel appearing for m/s krbl ltd. also placed on record several decisions of this court which lay emphasis to the fact that a company court ..... ramesh b. desai and ors. v. bipin vadilal mehta and ors. : air2006sc3672 to contend that the provisions of code of civil procedure would be applicable under the companies act, 1956. the observation finds a further confirmation in another judgment of hon'ble supreme court in sangram singh p. gaekwad and ors. v. shantadevi p. gaekwad (dead .....

Hari Singh Mann Resident of House No.538, Sector 11-b, Chandigarh and ...

Court : Punjab and Haryana

..... supreme court in the context of interpretation of section 89 of civil procedure code. the section brought in important amendment through act of 2002 as adr technique that includes arbitration. the supreme court held in afcons infrastructure limited and another vs. cherian varkey construction company private limited and others (2010) 8 scc 24 that even in a bid to settle the ..... 211 on the same date on 04.04.1996 and one criminal complaint no.28 dated 16.04.1996 through the company with raveneet as purporting to act on behalf of the company. the criminal complaint lodged through the company before the jmic, kharar issued summons to h.s. mann and his son guravtar. from now on, it became ..... this, according to the gill family was a covert device to ward off any objection from the bank for raising a loan in the name of the company since the company had been shown as a major defaulter of the loan already availed from the bank when gill was the managing director. to facilitate certain loans, kuldip .....

Moi Engineering Limited Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : (2009)21VST445(P& H)

..... the tribunal allowed the appeal vide order dated july 8, 2005. the tribunal held that the statutory period of three years laid down in the amending act was applicable and the assessment was time-barred. observations of the tribunal are as under:4.... the learned counsel for the state is unable to ..... in respect of years of assessment preceding the amendment, the amendment could not be looked into. the learned counsel for the state referred to letter dated august 22, 2002 written by the asses-see stating that the company was sick company and reference was pending before the bifr. the company has sought various concessions including deferment of sales ..... paid by the assessee. the assessee preferred appeals which were dismissed. the appellate authority affirmed the view of the assessing authority that limitation prescribed under the amending act 12 of 1998 was not applicable to the present case which was for the assessment year 1994-95. thereafter, the assessee preferred second appeal before the .....

M/S U.B. Engineering Limited Vs. Indian Oil Corporation Limited and An ...

Court : Punjab and Haryana

..... him from the respondent. in another judgment delivered in the case of oriental insurance company limited vs. karur vysya bank limited 2002 (2) rcr (civil) 239 : air 200.madras 489 observed as under :- in terms of the said judgment, the amended section 28 would be applicable to the facts of the present case and the ..... case (supra), it was also held that the amended provisions have prospective effect. the amendment having come into force ..... amended by indian parliament act no.1 of 1997. in the present case, the contract between the parties was executed in the year 2002 i.e. much after section 28 of the act was modified. therefore, the principle discussed in the aforesaid judgment would be applicable to the facts of the present case. . in oriental insurance company's .....

Coca Cola India Inc. Vs. Assistant Commissioner of Income Tax and ors.

Court : Punjab and Haryana

Reported in : (2009)221CTR(P& H)225; [2009]309ITR194(P& H); [2009]177TAXMAN103(Punj& Har)

..... to prevent diversion of profits in intra group transactions leading to erosion of tax revenue. the said provisions have been incorporated vide finance act, 2001 and further amended vide finance act, 2002. having regard to the object for which provisions have been enacted, applicability of the said provisions has to be limited to situations ..... have been defended.8. as regards the period prior to asst. yr. 2002-03, when amended provisions of chapter x were not operative, stand of the respondents is that the petitioner suppressed its profit in its transactions with its associated companies, which was clear from the proportion of amount of working capital employed to ..... said provisions and making them applicable to the petitioner or to a class of persons falling in the category of the petitioner. potential of multinational companies to allocate profits in intra groups transactions to outside jurisdiction or resulting in tax evasion is an acknowledged fact and is duly recognized in legislation, .....