Judgment Search Results Home > Cases Phrase: companies second amendment act 2002 section 133 amendment of other enactment Court: company law board clb Page 1 of about 17 results (0.214 seconds)

In Re: Ritesh Polysters Limited a

Court : Company Law Board CLB

Reported in : (2005)123CompCas348

..... for the case.in order to appreciate this contentious issue, it would be necessary to extract the provisions of section 621a as stood prior to the companies (second amendment) act, 2002, which reads as under: - "621a: composition of certain offences: - (1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 ..... was applicable before 1947 would apply. admittedly, the present violations were committed in march 1995 and therefore shall attract penalty as prevalent prior to the companies (amendment) act, 2000. having regard to the facts and circumstances of the case, the applicants shall pay each maximum penalty of rs. 5,000/- for the ..... offences. the claim of the applicants that the violations were committed and rectified before the commencement of the companies (amendment) act 2000 and therefore the penalty which was prevalent before the commencement of the amendment act, 2000 may be imposed, must be considered in the light of article 20(1) of the constitution of .....

N. Kuberan and ors. Vs. Monarch Steels (India) Limited

Court : Company Law Board CLB

Reported in : (2006)130CompCas109

..... . these developments have come to notice of the petitioners after filing of the company petition and, therefore, the petitioners are now constrained to seek amendment of the company petition setting forth these developments and claim the reliefs against the respondents 5 to 8 restraining them from acting as directors of the company. accordingly, shri bhaskar, learned counsel prayed for the relilefs as claimed in the ..... applications (c.a. no. 91/2004 & c.a. no.135/2004).2. shri r. shankaranarayanan, learned counsel appearing for the second respondent .....

Union of India (Uoi) Vs. Morepen Laboratories Limited and

Court : Company Law Board CLB

Reported in : (2006)130CompCas43

..... company law tribunal has the jurisdiction and the second objection is that the central government has no locus standi ..... would be against the spirit of the provisions of section 408 of the act and decided to pass this order.4. in the reply to the petition, the company has taken two preliminary objections - one is that this board has no jurisdiction to entertain the petition, as in terms of companies ( second amendment) act, 2002 which came into effect from 1.4.2003, only the national .....

Beml Ltd. Vs. Beml Midwest Ltd.

Court : Company Law Board CLB Chennai

..... respondents 2 to 4 and 7 in defrauding the petitioner and the company is manifest from several of the documents filed with the registrar of companies, particulars of which are set out in the amendment application. the third respondent has misrepresented the strength of the second respondent and further suppressed the true holding structure and the nature as ..... the applicant and the statutory authorities, as claimed in para 40.5 cannot be incorporated by way of amendment to the company petition. the conviction of the respondents 2 and 3 under section 138 of the negotiable instruments act was prior to the main petition and is under challenge by them. the applicant has not choosen ..... of sections 295, 297, 299, attracting the disqualification of section 283(1)(h) and section 283(1)(i) apart from sections 300, 370 and 372a of the act, as elaborated by shri naganand, learned senior counsel, appearing for the petitioner. the plea of violation of law cannot be decided as an abstract principle of law, .....

Bangalore Sez Corporation Vs. Spa Enterprises Limited and

Court : Company Law Board CLB

Reported in : (2007)139CompCas653

..... deleting the name of the fourth respondent therein. according to the applicants, the disputes raised in the company petition are arising out of and in connection with the agreement dated 01.07.2004 as amended by the second amended and restated shareholders agreement dated 26.08.2004, which contains an arbitration clause to resolve any dispute arising thereon between the parties.3. shri karthik ..... this connection, beneficial reference is invited to a decision of the apex court in sukanya holdings (p) limited v. jayesli h. pandey interpreting section 8 of the arbitration and conciliation act, it has been held, inter-alia, that there is no provision dealing with the situation where some parties to the suit are not parties to the arbitration agreement. a judicial .....

M. Thimme Gowda and ors. Vs. Spr Sugars Private Limited, K.M.

Court : Company Law Board CLB

Reported in : (2008)142CompCas152

..... vijay dairy & farm products private limited (2005) 59 scl 667. the isolated grievance of the petitioner being that the second respondent was convening an extra ordinary general meeting of the shareholders of the company for amendment of the articles is not enough for claiming any relief under section 397 as held in sangramsinh p. gaekwud and ors. ..... of m/s spr sugars private limited ("the company") aggrieved on account of certain acts of oppression and mismanagement in the affairs of the company at the instance of the second respondent have invoked the equitable jurisdiction of the company law board under sections 397 and 398 of the companies act, 1956 seeking the following reliefs (i) to declare ..... by the spr group representing 30% of the paid up capital shall be treated as a separate class of shares in terms of section 106 of the companies act 1956 and rights of the above shares will be restricted as under the above shareholder (spr group) shall not interfere in the day-to-day management .....

G. Venkitapathy Vs. Prakathi Spinners Private

Court : Company Law Board CLB

..... deposits from persons other that its members, directors or relatives. a plain reading of section 3, in our view shows that a company cannot be incorporated as a private company after the commencement of the companies (amendment) act, 2000 unless its articles provide for the aforesaid prohibition. however, we find that no provision has been made in this behalf in ..... .2000 or 17.10.2000, being the dated of approval of the impugned shares. as on 6.4.2000 only the petitioner, the second respondent and 13^th respondent were directors of the company. the petitioner did not receive any notice for the board meeting said to have been held on 6.4.2000. consequently, there was ..... 4.2000, the board of directors approved the transfer of 8,25,500 shares in favour of the respondent 2 & 3. as the second respondent had agreed to clear the liabilities of the company and also purchased majority of the shares in terms of the mou, the petitioner resigned from the board and accordingly addressed a letter of .....

Rashmi Seth Vs. Tillsoil Farms Pvt. Ltd. and ors.

Court : Company Law Board CLB

Reported in : (1995)82CompCas409

..... defrauding the petitioner and denying her of her rights of a shareholder and her control of the company. it is submitted that the articles of the company cannot be amended or altered except in terms of section 31 of the companies act by passing a special resolution at the shareholders' meeting. as no meeting of the shareholders was ever ..... on three grounds, firstly, that the petitioner is no longer a shareholder, secondly, the main relief asked for is in the nature for rectification of the register of members for which she cannot invoke the provisions of section 397/398 of the companies act and thirdly, the petitioner has already moved the high court for similar ..... a shareholder. we, therefore, hold that the petitioner is a shareholder holding 10 shares in the company.15. regarding the second point whether the petitioner's holding of 10 shares constitutes 10 per cent. of the shareholding of the company, we find that the allotment of 185 shares to respondents nos. 2 and 5 shares to rass .....

S. Ajit Singh Vs. Dss Enterprises (P.) Ltd.

Court : Company Law Board CLB

..... 4 per share and the balance to be paid without any interest by 31-12-1997. (g) that it was resolved that the articles of association of company be amended to make provision for a permanent managing director and for full voting rights on partly paid up shares. (h) that one mr. vikram nanda was inducted as ..... , that the petitioners did not attend that meeting to give their consent to decisions prejudicial to their interest. since by the allotment of shares exclusively to the second respondent, the equality in the shareholding has been upset without the consent and knowledge of the petitioners, they are right in complaining of oppression as far this ..... notices and the minutes of the meeting were forged stand fully substantiated. it was submitted that the facts of the case amply demonstrate that the respondents have acted in an oppressive and prejudicial manner to the petitioners and their actions completely lack probity and fair dealing.25. initiating the arguments on behalf of the contesting .....

Shri T.O. Aleyas, Shri Bobby Vs. St. Mary'S Hotels Private Limited

Court : Company Law Board CLB

..... office. the respondents have not established any benefit derived by the smhpl on account of the amendment of article 12(a) of articles of association of the company. this amendment in my view is solely for the second respondents' personal aggrandizement to the detriment of the petitioners and the smhpl. it is on record ..... concluding his submissionspointed out that the promoters of the smhpl and acecpl elected to availthe advantages of forming limited companies. they voluntarily andknowingly bind themselves by the provisions of the companies act, theirplea that the limited companies must be treated as quasi partnerships cannotbe accepted as held in kilpest p. ltd. v.shekhar mehra - ..... while, the civil suits have been filed by the petitioners for enforcing their civil rights they have approached the clb for comprehensive reliefs against the acts of oppression and mismanagement in the affairs of the smhpl at the hands of the respondents 2 & 3 restoring parity in shareholding and management .....