Court : Mumbai
Reported in : (2007)109BOMLR789
..... this court on 16-1-2006. 5. section 10f deals with an appeal against the order of company law board, and, provides that 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 sixty days from the date of ..... communication of the decision or order of the company law board to him on any question of law arising out of such ..... the full bench. the learned full bench by its decision dated 4-10-2006 held that an appeal from a decision or order of the company law board, filed under section 10f of the act is required to be entertained and disposed of by a single judge and not by the division bench. the apex court in stridewell leathers .....
Tag this Judgment!Court : Mumbai
Reported in : 2009ACJ585; 2008(6)MhLj941
..... as under:483. appeals from orders - appeals from any order made or decision given before the commencement of the companies (second amendment) act, 2002, in the matter of the winding up of a company by the court shall lie to the same court to which, in the same manner in which, and subject to the same conditions under which, appeals ..... before a division bench of the high court from a judgment of the single judge deciding a matter in a second appeal. by the amending act of 1999, the earlier section 100a was substituted. section 100a as introduced by amending act 46 of 1999, though attained the assent of the president on 30th december 1999, it was not enforced because ..... an appellate decree which is passed by the high court itself. under section 102 of the code which was also amended by the code of civil procedure amendment act, 2002 with effect from 1st july, 2002, no second appeal would be maintainable from any decree when the subject-matter of the original suit is for recovery of money not .....
Tag this Judgment!Court : Mumbai
..... on a question of law. in this context the word any would mean all section 10f of the act uses identical language and provides that 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 sixty days from the date of communication of ..... may be conferred on it, before the commencement of the companies (second amendment) act, 2002 by or under this act or any other law, and shall also exercise and discharge such other powers and functions of the central government under this act or any other law as may be conferred on it before the commencement of the companies (second amendment) act, 2002 by the central government, by notification in the .....
Tag this Judgment!Court : Mumbai
Reported in : [2009]152CompCas75(Bom)
..... further period of thirty days, but not thereafter.section 10f of the companies act, 1956:10f. appeals against the order 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 sixty ..... days from the date of communication of the decision or order of the company law board to him on any question of law ..... for its contempt.24. thereafter, based on the recommendations made by sachar committee, by the companies (amendment) act, 1988 (with effect from may 31, 1991), the provisions of section 10e were once again amended and section 10f of the companies act, 1956, was inserted.25. paragraphs 16.8 and 16.11 of the recommendations made by .....
Tag this Judgment!Court : Mumbai Goa
..... submissions, it would be necessary to reproduce section 10f of the act which reads as under: 10f. appeals against the 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 sixty ..... days from the date of communication of the decision or order of the company law board to him on any question of law arising out ..... are, therefore, of the view that both the authorities original and appellate, under the rent control act, have the power to permit amendments of the pleadings. ? 15. it is next submitted that the transfer of shares of the company to frhl cannot be said to be transfer of business as such. the learned senior counsel submitted .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(1)BomCR240; [2006]67SCL322(Bom)
..... multiples of the value of the movables. in that sense, there is no reason for any apprehension to be entertained by the workmen.counsel for the company relying on the amended provision -section 448 of the act, amended by companies (second amendment) act, 2002 -would contend that it is open to the court to appoint person other than the official liquidator attached to the bombay high court as ..... the official liquidator in relation to the company in liquidation. this submission is canvassed on the erroneous assumption that the amended provision section 448 as amended by the amending act of 2002 .....
Tag this Judgment!Court : Mumbai
Reported in : (2009)221CTR(Bom)448; [2009]309ITR125(Bom)
..... the said circular are reproduced hereunder.24.1: section 33ac of the income tax act, 1961 was inserted by the direct tax laws (second amendment) act, 1989, with effect from 1st april, 1990 with a view to provide a tax incentive to public/government companies engaged in the business of operations of ships. this deduction is available to the ..... carrying on of the business of operations of shipping in the year of claim;ii) amendment brought by finance act, 1995 with effect from 1st april, 1996 is clarificatory and retrospective.iii) circular no. 554 dated 12th december, 1994 clarifies that companies should engage in the business of operation of ships.5. being aggrieved by the ..... actual carrying on of business of operation of shipping in the year of claim.13. as regards the arguments/contentions of the revenue/tribunal that the amendment brought by finance act, 1995 with effect from 1st april, 1996 is clarificatory and not retrospective, we are of the view that since clause 24.4 of the circular .....
Tag this Judgment!Court : Mumbai
..... of section 43a except for one sub-section viz., sub- section 2a ceases to apply after the commencement of companies (amendment) act, 2000. the reason for this is obvious because the parliamentary standing committee submitted a report which is known as 64th report on companies second amendment bill 1999. it recommended that entire section 43a must be deleted. the recommendation was that some part and particularly ..... . therein, they proceeded on the basis that the company is a public company and averred, inter-alia that "the amendment to the terms of appointment of second respondent whereby the payment of remuneration is altered/enhanced is also illegal and violative of section 268 of the companies act, 1956." it is clear that section 268 applies only to public companies. hence, the appellants herein had, in effect .....
Tag this Judgment!Court : Mumbai
..... words, whole of section 43a except for one subsection viz., subsection 2a ceases to apply after the commencement of companies (amendment) act, 2000. the reason for this is obvious because the parliamentary standing committee submitted a report which is known as 64th report on companies second amendment bill 1999. it recommended that entire section 43a must be deleted. the recommendation was that some part and particularly ..... pursuant to the companies (amendment) act, 2000. on and from december 13, 2000 when the companies (amendment) act 53 of 2000 came into effect, the concept of the deemed public limited company was done away. the 1st respondent company which was initially incorporated a private limited company became a deemed company by virtue of section 43(a) of the companies act. 1st respondent company had accordingly issued notice of eogm on 2nd april, 2001 .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR479
..... representation on the proposed penalty was to be found in clause (2) of article 311 prior to its amendment by the constitution (forty-second amendment) act. this right having been taken away by the constitution (forty second amendment) act, there is no provision of law under which a government servant can claim this right.41. the supreme ..... as to the scope of section 10(2) of the industrial employment (standing order) act, 1946, as amended.28. standing orders of the appellant before the supreme court were certified by the regional labour commissioner and both the company and workmen filed appeals against the order certifying them. the appeals were also disposed off. ..... following decisions:(i) : (1969)illj734sc (management, shahdara (delhi) saharanpur light railway co. ltd. v. s.s. railway workers union)(ii) : (1984)iillj105sc (associated cement companies ltd. v. t.c. shrivastava and ors.)(iii) : (1985)iillj206sc union of india v. tulsiram patel and ors.(iv) 1991(1) c.l.r. 61 union of .....
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