Judgment Search Results Home > Cases Phrase: companies second amendment act 2002 section 133 amendment of other enactment Court: supreme court of india Page 1 of about 1,416 results (0.293 seconds)

State of West Bengal and anr. Vs. Surendra Nath Bhattacharya and anr.

Court : Supreme Court of India

Reported in : AIR1980SC1316; (1980)3SCC237; [1980]3SCR783

..... such acquisitions in which property has vested absolutely in government either under section 16 or section 17(1). secondly section 7 of the amendment act provides that where acquisition has been made for a company before july 20, 1962 or purported to have been made under clause (a) or clause (b) of section 40(1) and those clauses do ..... acquisitions of private lands for purposes of a private company provided the conditions laid down in section 7 were fulfilled. this amendment was also challenged before this court in what is known as the ''second arora case : [1964]6scr784 where this court by majority of 4:1 held that the amending act was valid and that under section 40(aa) an ..... acquisition could be made even for a private company if it was engaged in an industry which was for a public purpose .....

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

Court : Supreme Court of India

Reported in : (2013)1SCC1

..... be read progressively, in its context, 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 of various other ..... duty is cast on it 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 by which a demand .....

Raghunath Rai Bareja and anr. Vs. Punjab National Bank and ors.

Court : Supreme Court of India

Reported in : 2007(2)ALT114(SC); 2007(1)AWC507(SC); [2007]135CompCas163(SC); (2007)1CompLJ108(SC); 2007(5)CTC642; 2007(3)MhLj83; 2007MPLJ306(SC); 2006(13)SCALE511; (2007)2SCC230; 2006AIRSCW6446

..... amendment. as a result in our opinion the high court has no power to transfer the execution petition to the debts recovery tribunal. at any ..... than that in which the winding up of the company is proceeding may, notwithstanding anything contained in any other law for the time being in force, be transferred to and disposed of by that court. 16. in this connection, it may be mentioned that section 446(3) of the companies act was omitted by companies (second amendment) act, 2002 and evidently the high court has overlooked this .....

Union of India (Uoi) Vs. R. Gandhi

Court : Supreme Court of India

Reported in : [2007]137CompCas679(SC); (2007)3CompLJ1(SC); JT2007(8)SC653; (2007)6MLJ1805(SC); 2007(7)SCALE589; (2007)4SCC341; [2007]76SCL350(SC)

..... judicial functions, traditionally performed by courts in any tribunal or authority, outside the judiciary. the question to be determined is whether such 'wholesale transfer of powers' as contemplated by the companies (second amendment) act, 2002 would offend the constitutional scheme of separation of powers and independence of judiciary, so as to aggrandize one branch over the other.5. since the issues raised in the ..... these appeals is to the validity of the provisions of companies act, 1956 as amended by the companies (second amendment) act, 2002, which provides for setting up of national company law tribunal and national company law appellate tribunal. barring the jurisdiction exercised under articles 226 and 227, almost all jurisdictions hitherto exercised by the high courts in regard to the company matters would be transferred and exercised by the proposed .....

Kamal Kumar Dutta and anr. Vs. Ruby General Hospital Ltd. and ors.

Court : Supreme Court of India

Reported in : [2006]134CompCas678(SC); (2006)5CompLJ511(SC); JT2006(7)SC333; 2006(7)SCALE668; [2006]70SCL222(SC)

..... 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 ..... of second hand medical equipments supplied by the appellant no. 1 which was reversed by the respondent no. 2 ..... sheet for the year ended 31.3.1997 wherein capitalization of second hand medical equipments supplied by the appellant no. 1 was reversed. then the appellants filed application under sections 397 & 398 of the act before the clb. the clb directed the respondent company to amend audited balance sheet as at 31.3.1998 and restore capitalization .....

Sumitomo Corporation Vs. Cdc Financial Services (Mauritius) Ltd. and o ...

Court : Supreme Court of India

Reported in : AIR2008SC1594; 2008(1)ARBLR452(SC); (2008)1CompLJ393(SC); JT2008(3)SC32; 2008(4)MhLj31; 2008(3)SCALE92; (2008)4SCC91; [2008]82SCL495(SC); 2008AIRSCW1766

..... scope of the jurisdiction conferred, in respect of companies having their registered offices in the district.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 ..... : air1994sc158 , the main question for decision relates to the meaning of the expression 'the high court' in section 10f of the companies act, 1956 which has been inserted in the principal act by the companies (amendment) act, 1988 w.e.f. may 31, 1991. the controversy is whether the high court to which the appeal lies under section 10f .....

Shri V.S. Krishnan and ors. Vs. Westfort Hi-tech Hospital Ltd. and ors ...

Court : Supreme Court of India

Reported in : [2008]142CompCas235(SC); (2008)2CompLJ1(SC); (2008)2MLJ1192(SC); 2008(3)SCALE184; (2008)3SCC363; [2008]83SCL44(SC)

..... of section 10f of the companies act which provides appeal against the order of the company law board. section 10f reads as under: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 ..... of retired directors on the theory of 'legitimate expectation' was considered by the high court in detail. it is the stand of the second respondent (chairman of the company), that there was no specific promise that these petitioners would be given directorship permanently. the materials placed and discussed before the clb show that .....

Vijay Kumar Karwa Vs. Official Liquidator, Rohtas Inds. Ltd.

Court : Supreme Court of India

Reported in : AIR2008SC1613; 2008(3)ALLMR(SC)431; [2008]142CompCas438(SC); (2008)2CompLJ28(SC); JT2008(3)SC325; (2008)3MLJ941(SC); (2008)5MysLJ(SC)775; 2008(3)SCALE311; (2008)4SCC222; 2008AIRSCW1791; 2008(2)Supreme213; 2008(4)KCCRSN257

..... 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 ..... as the learned company judge had discussed with the matter in great detail. it was also submitted that the indian railways have already invested huge amounts of money.5. section 483 of the act reads as follows:483. appeals from orders.-appeals from any order made, or decision given before the commencement of the companies (second amendment) act, 2002, in ..... order passed by a division bench of the patna high court summarily dismissing the company appeal no. 4 of 2006 filed by the appellant under section 483 of the companies act, 1956 (in short 'the act').3. background facts in a nutshell are as follows:company case no. 3 of 1984 was filed before the patna high court in .....

Association For Democratics Reforms Vs. Union Of India

Court : Supreme Court of India

..... years. 2 the companies (amendment) act 1969, s 3 substituted of the companies act 1956, s 293a introducing a ban on contributions to political parties. 3 the companies (amendment) act 1985, s 2 replaced of the companies act 1956, s 293a bringing back the 5% cap on contributions to political parties. 4 the companies act 1956, s 293a. 5 for short, the board . 6 second proviso to section 293a(2), companies act, 1956. writ petition ..... (c) no.880 of 2017 & ors. page 2 of 744. the companies act of 2013 replaced the companies act of 1956. section 182(1) of the companies act .....

R.L. Arora Vs. State of Uttar Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR1964SC1230; [1964]34CompCas487(SC); [1964]6SCR784

..... such acquisitions in which property has vested absolutely in government either under s. 16 or s. 17 (1). secondly s. 7 of the amendment act provides that where acquisition has been made for a company before july 20, 1962 or purported to have been made under cl. (a) or cl. (b) of s. 40(1) and those clauses do not apply in view of ..... acquisition for a company before july 20, 1962 and after that date. we do not think that there is any force in this contention either. in the view we have taken of the meaning of cl. (aa) land the meaning of the first fiction introduced in s. 7 of the amendment act, all that the second fiction in s. 7 of the amendment act says is .....