Judgment Search Results Home > Cases Phrase: companies amendment act 2002 Sorted by: recent Page 1 of about 219,467 results (0.560 seconds)

Madras Bar Association Vs. Union Of India

Court : Supreme Court of India

..... xx xx xx 123. in the light of foregoing discussions it is declared that until the provisions in parts 1b and 1c of the companies act introduced by the companies (amendment) act, 2002, which have been found to be defective in as much as they are in breach of the basic constitutional scheme of separation of powers ..... and independence of the judicial function, are duly amended, by removing the defects that have been pointed out, it would be unconstitutional to constitute a tribunal ..... and the jurisdiction and powers relating to winding up vested in the high courts. the government accepted the recommendations and passed the companies (second amendment) act, 2002. the reason for the said amendment was to avoid multiplicity of litigation before various fora and to reduce pendency of cases. the madras bar association filed a writ .....

Arcelormittal India Private Limited Vs. Satish Kumar Gupta

Court : Supreme Court of India

..... bench of this court.43. close on the heels of the amendment made to the companies act came the sick industrial companies (special provisions) repeal act, 2003. this particular act was meant to repeal the sick industrial companies (special provisions) act, 1985 consequent to some of its provisions being telescoped into the companies act. thus, the companies amendment act, 2002 and the sica repeal act formed part of one legislative scheme, and neither has yet ..... been brought into force. in fact, even the companies act, 2013, which repeals the companies act, 1956 .....

State Bank of India Vs. V. Ramakrishnan

Court : Supreme Court of India

..... . xxx xxx xxx 43. close on the heels of the amendment made to the companies act came the sick industrial companies (special provisions) repeal act, 2003. this particular act was meant to repeal the sick industrial companies (special provisions) act, 1985 consequent to some of its provisions being telescoped into the companies act. thus, the companies amendment act, 2002 and the sica repeal act formed part of one legislative scheme, and neither has yet been ..... brought into force. in fact, even the companies act, 2013, which repeals the 31 companies act .....

Madras Bar Association Vs. Union of India and Anr.

Court : Supreme Court of India

..... selection committee for selection of the said members have also been incorporated in the act, 2013. these are analogous to section 10fd, 10fe, 10ff, 10fl, 10fr and 10ft which were introduced in the act, 1956 by companies (amendment) act, 2002. the cause for filing the present petition by the petitioner is the allegation of ..... the petitioner that notwithstanding various directions given in 2010 judgment, the new provisions in the act, 2013 are almost on the same lines as were ..... ), along with certain other provisions pertaining thereto which were incorporated by the legislature in parts 1b and 1c of the companies act, 1956 (hereinafter referred to as the 'act, 1956') by companies (second amendment) act, 2002. writ petition, in this behalf, was filed by the petitioner in the high court of madras which culminated into the .....

Chalisgaon Education Society and Another Vs. The State of Maharashtra, ...

Court : Mumbai Aurangabad

..... , such as high court judges and district judges of some experience. accordingly, when the powers of the high court under companies act, 1956 were sought to be transferred to tribunals by the companies (amendment) act, 2002 a constitution bench of this court has held in union of india v. r. gandhi, president madras bar association (supra ..... swarup v. union of india (supra), having found that judicial powers were to be exercised by the appellate tribunals under the prevention of money- laundering act, 2002 this court held that to protect the constitutional guarantee of independence of judiciary, persons who are qualified to be judges be appointed as members of the ..... separation of powers and independence of judiciary and held that the provisions of the prevention of money-laundering act, 2002 as enacted may not ensure an independent judiciary to decide the cases under the act and accordingly directed the union of india to incorporate the proposed provisions to ensure independence of judiciary. .....

Union of India Vs. Namit Sharma

Court : Supreme Court of India

..... , such as high court judges and district judges of some experience. accordingly, when the powers of the high court under companies act, 1956 were sought to be transferred to tribunals by the companies (amendment) act, 2002, a constitution bench of this court has held in union of india v. r. gandhi, president madras bar association ( ..... swarup v. union of india (supra), having found that judicial powers were to be exercised by the appellate tribunals under the prevention of money- laundering act, 2002 this court held that to protect the constitutional guarantee of independence of judiciary, persons who are qualified to be judges be appointed as members of the ..... separation of powers and independence of judiciary and held that the provisions of the prevention of money-laundering act, 2002 as enacted may not ensure an independent judiciary to decide the cases under the act and accordingly directed the union of india to incorporate the proposed provisions to ensure independence of judiciary. .....

Shree Mahabaleswara Auto Industries (P) Ltd. Vs. Union of India, Repre ...

Court : Chennai

Reported in : 2012(7)MLJ805

..... national company law tribunal (nclt) and on setting up of the said tribunal, all the matters relating to companies which were earlier handled by various high courts, company law board, board for industrial and financial reconstruction (bifr) and appellate ..... main objective of expediting the revival/rehabilitation of a sick company and protection of workers interest, which were incorporated in the companies (amendment) bill, 2001. the said bill was subsequently passed by both the houses of the parliament and finally got the assent of the president of india on 13th january, 2002 and became the companies (amendment) act, 2002. 19. this bill provides for setting up of the .....

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

Court : Supreme Court of India

Reported in : (2013)1SCC1

..... the central government to be securities; andiii) rights or interest in securities.109. the word hybrid under section 2(19a) was inserted in the companies act, vide the companies (amendment) act, 2002 w.e.f. 13.12.2000 and reads as follows:2(19a). hybrid means any security which has the character of more than one type ..... , going from section 60b(1) all the way to section 60b(9).*section 60b whether for listed public companies or other companies was introduced in the companies act, for a specific purpose under the companies (second amendment) act, 2002. it was never designed to create an island of regulatory standards that are distinct from and contrary to the spirit ..... to get its securities listed on a recognized stock exchange. section 60b, as already indicated, refers to im. section 2(19b) was inserted by the companies (second amendment) act, 2002, w.e.f. 1.4.2003, which reads as follows:2(19b) "information memorandum" means a process undertaken prior to the filing of a prospectus .....

Bakemans Industries Pvt. Ltd. Vs. New Cawnpore Flour Mills and ors.

Court : Supreme Court of India

Reported in : AIR2008SC2699; 2008(6)ALLMR(SC)463; [2008]144CompCas71(SC); (2008)3CompLJ1(SC); (2008)151PLR670; 2008(9)SCALE566; [2008]84SCL489(SC); 2008AIRSCW4507; 2008(4)Supreme581; 2008(4)KCCRSN302

..... stay or restrain proceedings against the company, section 443 envisages power of the court on hearing petition. section 446 provides for stay of all suits shall. ..... is to be filed in terms of section 431 of the act. section 441 provides that winding up of a company by the court shall be deemed to commence at the time of presentation of petition for winding up. the provision has since been omitted by companies (amendment) act, 2002. section 442 provides for the power of the court to ..... duty to ensure that the workmen's dues are paid in priority to all other debts in accordance with provisions of the above section. the legislature has amended the companies act in 1985 with a social purpose viz. to protect dues of the workmen. if conditions are not imposed to protect the right of the workmen there .....

Reliance Natural Resources Ltd. Vs. Reliance Industries Limited

Court : Mumbai

Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)

..... to be an order made under section 433 of this act.(3) the provisions of this section shall, so far as may be, also apply to a company in respect of which an order has been made before the commencement of the companies (amendment) act, 2002 sanctioning a compromise or an arrangement.393. information as ..... to compromises or arrangements with creditors and members. -(1) where a meeting of creditors or any class of creditors, or of members or any class of members, is called under section 391.:394. provisions for facilitating reconstruction and amalgamation of companies. - ..... and passing the resultant order:184. the conclusions are:(1). the present company application under section 392 of the companies act is maintainable.(2). the company court, however, under section 392 of the companies act cannot direct or dictate to maintain or amend or modify and/or insist for a particular clause or clauses of .....