Judgment Search Results Home > Cases Phrase: companies second amendment act 2002 section 121 amendment of section 626 Page 10 of about 21,745 results (0.367 seconds)

Purnima Manthena and Anr. Vs. Dr. Renuka Datla and Ors.

Court : Supreme Court of India

..... . section 10f of the act, which provides for appeal against the order of the company law board, for ready reference is extracted hereunder: 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 arising out ..... & carrington invt. (p) ltd. (supra), this court had an occasion to dwell upon the scope of section 10f of the act qua an appeal preferred against the decision of the company law board after a full- fledged adjudication before the high court. while negating the argument, that the high court could not have disturbed .....

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)

..... board 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 ..... 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 , .....

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 .....

Icp Investments (Mauritius) Ltd vs.uppal Housing Pvt. Ltd. & Ors

Court : Delhi

..... , by way of civil suit would not be maintainable.34. it must also be noted that vide the companies (second amendment) act, 2002, the parliament introduced provisions for the constitution of the nclt and national company law appellate tribunal (nclat), the constitutional validity of which was upheld by a constitutional bench of the supreme ..... also worth mentioning that while against the order of the erstwhile clb, appeals were provided to the high court under section 10 of the companies act, 1956, under the companies act, 2013, appeals against the order of nclt lie to the nclat and against the order of nclat directly to the supreme court, eliminating ..... u.k., u.s.a., malaysia and others, have included the remedy of derivative action in their respective legislations governing company law. south africa and australia, in their companies act, 2008 and corporations act, 2001 respectively, have gone to the extent of expressly abolishing any common law rights for derivative action, so that the .....

Gopeswar Saha Vs. State of Tripura and ors.

Court : Guwahati

..... could be exercised only after launching a criminal prosecution for commission of any forest offence under sub-section (2) of section 52a of the indian forest (tripura second amendment) act, 1986. for convenience sake the said provision is reproduced below :'52a(2) where the authorised officer seizes under sub-section (1) of section 52 any ..... deb, j. 1. the order of learned district judge, west tripura, agartala passed under sub-section (5) of section 52a of indian forest (tripura second amendment) act, 1986 upholding the order of confiscation of the vehicle (lorry) belonging to the petitioner passed by the authorized officer (divisional forest officer) in exercise of ..... the learned advocate general vehemently argues that the order 'may' used in the aforesaid sub-section, having regard to the object to be achieved by tripura amendment act is to be construed as 'must' and, as such, confiscation of the seized property is obligatory upon the authorised officer. on perusal of the said provision .....

Indian Oil Corporation Limited Vs. the State of Rajasthan and anr.

Court : Rajasthan

Reported in : 2003(1)WLN528

..... to filing of three writ petitions by the three oil companies challenging the constitutional validity of sections 4, 5 and 6 of the rajasthan municipalities (second amendment) act no. 13 of 1990. in the alternative it was prayed that amended provisions be read down as not to include goods brought ..... within the municipal limits for its ultimate use, consumption or sale outside municipal limits and consequently to quash the demands raised by the respondent municipal council.9. since filing of this writ petition, the provision similar to the amendment ..... court on 23.1.1990.6. thereafter, the state government passed an act called the 'rajasthan municipalities amendment act no. 13 of 1990 by which section 104 of the rajasthan municipalities act 1959 was amended. the amendment was brought into effect by creating legal fiction that once the goods have entered .....

The Fortune Commercial Bank Ltd. Vs. Vidyagauri J. Mehta

Court : Mumbai

Reported in : [1951]21CompCas122(Bom)

..... application could not have been made by the reserve bank for winding up a banking company, but that is not conferring new jurisdiction. secondly, the reason why the definition of 'court' in section 5 (e) of the act was not amended generally by the amending act was the word 'court' is to be found not only in chapter iii, ..... of section 45a of the amending act had not contained the words 'notwithstanding anything to the contrary contained in the indian companies act, 1913 (vii of 1913), or in any notification, order or direction issued thereunder,' there would have been a conflict between the second part of section 45a and the indian companies act in so far as it ..... high court. 6. mr. kotwal for petitioner no. 1 has argued that the amending act cannot go beyond the scope of the main act, i.e., that the provisions of the banking companies (amendment) act, 1950, cannot go beyond the scope of the banking companies act, 1949 (x of 1949), that the winding up proceeding contemplated to be dealt with .....

K.S. Sundaram Vs. Union of India (Uoi), Rep. by Its Secretary, Departm ...

Court : Chennai

Reported in : 2003(4)CTC715; (2004)1MLJ440; [2004]51SCL169(Mad)

..... procedure therefor was felt cumbersome and, therefore, section 269 of the companies act was extensively amended. subsection (1) of section 269 provides that on the commencement of the amendment act 1988, every public company, or a private company which is a subsidiary of a public company, having a paid-up share capital of a particular level would have ..... aforesaid partnership firm against item no. 7 in form 25-a and this amounted to a misstatement, punishable under section 628 of the companies act. by way of second reason, it was stated that the managing director had misused his fiduciary capacity in respect of the contracts with m/s. tambraparani enterprises ..... 1987 and 1988 (being the four financial years immediately precedirig the 'preceding financial year'). ... ... ...'from this the learned counsel says that, relying on the second illustration, since the profit was adequate in the year 1986, there would be no application of schedule xiii.18. we fail to follow the argument because even .....

P. Suresh and Another Vs. State through by the Inspector of Police, Vi ...

Court : Chennai

..... body prior to 31.05.2007 (inclusive) for calculation of i and a charges. (e) in the meantime, the tamil nadu town and country planning (second amendment) act, 2007 and the tamil nadu town and country planing (levy of infrastructure and amenities charges) rules, 2008 were challenged before this court, in writ petition in ..... as follows: (a) the first petitioner / a3 is the managing director of m/s.arun excello infrastructure private limited. the second petitioner / a4 is the director of the said company. the said company belongs to the petitioners herein, engaged in property development and connected activities. the petitioners have purchased the properties in, inter-alia s ..... buildingrs.500/- per sq.m.2multistoreyed buildingrs.1000/- per sq.m.3institutionsrs.200/- per sq.m.4industrial users.300/- per sq.m.17. the petitioners' company applied for additional construction of 1,17,940 sq.m. on 18.03.2008. the commissioner of town and country planning, chennai, granted approval/permission on .....

A.R. Antulay Vs. Ramdas Sriniwas Nayak and anr.

Court : Supreme Court of India

Reported in : AIR1984SC718; (1984)86BOMLR228; 1984CriLJ647; 1984(1)Crimes547(SC); 1984(1)SCALE239; (1984)2SCC500; [1984]2SCR914

..... safeguard against investigation by police officer of a lower rank. it may be mentioned that section 5a was first introduced by the prevention of corruption (second amendment) act, 1952 but was substituted by the present section 5a by act 40 of 1964 which was enacted to give effect to the recommendations of the santhanam committee. section 5a specifies the officers of superior rank in ..... such as (i) section 187 a of sea customs act, 1878 (ii) section 97 of gold control act, 1968 (iii) section 6 of import and export control act, 1947 (iv) section 271 and section 279 of the income tax act, 1961 (v) section 61 of the foreign exchange regulation act, 1973, (vi) section 621 of the companies act, 1956 and (vii) section 77 of the electricity supply .....