Judgment Search Results Home > Cases Phrase: companies second amendment act 2002 section 133 amendment of other enactment Court: supreme court of india Page 4 of about 1,416 results (0.464 seconds)

Tara Prasad Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1682; (1980)4SCC179; [1980]3SCR1042

..... clause (a) of the newly introduced sub-section 3 of section 3, on and from the commencement of section 3 of the amendment act no person other than (i) the central government or a government company or a corporation owned, managed or controlled by the central government, or (ii) a person to whom a sub-lease, referred ..... and 'modification or extinguishment of rights' on the other, is that in the first case the beneficiary is the state while in the second the beneficiary is not the state. the nationalisation amendment act merely extinguishes the rights of the lessees and the sub-lessees. it does not provide for the acquisition of those rights, directly or indiretly ..... , even when something apart from coking coal mines was acquired, namely, 'coke oven plants', provision was separately made in section 11 of the nationalisation act of 1972, read with the 2nd schedule, for payment of amounts to owners of coke oven plants. thus, whatever was intended to be acquired was paid for. this scheme is prima .....

Arcelormittal India Private Limited Vs. Satish Kumar Gupta

Court : Supreme Court of India

..... important question as to the timelines within which the insolvency process is to be completed.62. previous legislation, namely, the sick industrial companies 1 by the insolvency and bankruptcy code (second amendment) act of 2018 a new definition of related party has been inserted with effect from 6.6.2018, as section 5(24-a) ..... asset reconstruction company registered with the reserve bank of india under section 3 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (54 of 2002); or (c) an alternate investment fund registered with the securities and exchange board of india. 23. finally, the insolvency and bankruptcy code (second amendment) act, 2018, ..... by a vote of 66%2, votes to extend the 2 it is pertinent to note that the insolvency and bankruptcy code (second amendment) act, 2018 (26 of 2018), inter alia amended the code, with retrospective effect from 6th june, 2018, in so far as the requirement in certain sections of approval of 75% .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... is that rules violate article 19(1)(g). it is submitted that rule refers to companies, firms, trusts etc. whereas aadhaar act is only to establish identity of individual. for example sub rule (6) of rule 9 as amended by second amendment rules, 2017 provides that where client is a company, it shall for the purposes of sub rule (1), submit to the reporting entity the ..... have to be authenticated.318. violative of article 19(1)(g) because the rules refer to companies, firms, trusts, etc. whereas aadhaar act is only to establish identity of individuals. violative of article 300a since even temporary deprivation can only be done by primary legislation. the second amendment rules do not pass proportionality test. no proper purpose has been established. no explanation has been .....

Rustom Cavasjee Cooper Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530

..... as are incidental to the business of banking. it will appear from the select committee report which was prepared for the introduction of the indian companies amendment act in 1936 that the list of business mentioned in section 277f which included the principal business and other business undertaken by reputable bankers was inserted to ..... 19(6) and emphasis was placed on the word 'in particular' to show that it indicated that the second limb was only an instance of the first limb of the article. the constitution first amendment act of 1951 was enacted really to enable the state to carry on business to the exclusion, complete or ..... relation to the undertaking, whether within or without india, and all books of accounts, registers, records and all other documents of whatever nature relating thereto. secondly, the undertaking shall also be deemed to include all borrowings, liabilities (including contingent liabilities) and obligations of whatever kind then subsisting of the existing bank in .....

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... tea company ltd. and ors. v. state of westbengal and ors. -. the decision is by a bench of two learned judges. thelevy of csss having been struck down, the state became liable to refund thecess already collected and the relevant schemes which were financed by thecessess so collected came under jeopardy. the west bengal taxation laws(second amendment) act, ..... of westbengal and ors. - (1995) supp. 1 scc 707 to have been correctly decided theimpugned levy on tea estates as levied by the west bengal taxation laws(second amendment) act 1989, is held to be intra vires the constitution.however, in brief, we may state that the impugned levy is of cesses on teaestates i.e. the land ..... to 38% no changeact viii of 1998 p. 49-50 s. 3: 38% reduced to 20% no change*west bengal rural employment and. production act. 1976* * west bengal taxation laws (second amendment) act 1989the aforementioned charts go to show that in relation to education cess,variation has been made from 0.50 p. per m.t. to 7% of .....

Raymond Synthetics Ltd. and Others Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1992SC847; [1992]73CompCas762(SC); JT1992(1)SC463; 1992(1)SCALE264; (1992)2SCC255; [1992]1SCR481

..... refused if it is intimated that the application for permission though not at present granted, will be given further consideration.35. this sub-section was substituted by the companies (amendment) act, 1974 with effect from 1.2.1975 reading as follows:-section 73(5). for the purposes of this section, it shall be deemed that permission has not ..... its payment has not yet arrived. but commonly, and in the absence of any qualifying expressions, the word 'due' is restricted to the first of these meanings, the second being expressed by the term 'overdue' and the third by the word 'payable.'payable' -capable of being paid; suitable to be paid; admitting or demanding payment; justly ..... come to be issued in exercise of powers conferred under section 642.79. notification no. gsr 614 (e) dated 3rd october, 1991, called the companies (central government's) general rules and forms (second amendment), 1991, which came into force on 1st november, 1991. in the above notification it is stated as under :-if the .....

Sree Bank Ltd. Vs. Sarkar Dutt Roy and Co.

Court : Supreme Court of India

Reported in : AIR1966SC1953; [1965]35CompCas881(SC); [1965]3SCR708

..... a) of the constitution, requires the construction of s. 45-0 of the banking companies act, 1949 (act x of 1949), hereinafter called the act. this section was enacted in its present form by the banking companies (amendment) act, 1953 (act lii of 1953). hereinafter called the amending act. the question arises on these facts. the appellant bank, through its midnapore branch, ..... sub-s. (3) in the background of the remedy that the legislature intended to provide for the benefit of depositors. it may be mentioned that the banking companies (amendment) act, no. xx of 1950, had also provided a special period of limitation by s. 45-f which was in these terms:-- "45-f. special period ..... of the amending act. in the present case, judgment-debtor respondent defaulted in payment of the second installment due on december 30, 1947. on may 1, 1948, the appellant's right to execute the decree for the entire amount due under the decree arose. the petition for the winding-up of the company was made on .....

Alchemist Limited and anr. Vs. State Bank of Sikkim and ors.

Court : Supreme Court of India

Reported in : AIR2007SC1812; 2007(4)ALD61(SC); [2007]136CompCas665(SC); JT2007(4)SC474; 2007(4)MhLj586; (2008)3MLJ812(SC); 2007MPLJ284(SC); 2007(4)SCALE412; [2007]75SCL421(SC); 2007(1)LC

..... or the residence of such person is not within those territories.it may be stated that by the constitution (forty-second amendment) act, 1976, clause (1-a) was renumbered as clause (2). the underlying object of amendment was expressed in the following words:under the existing article 226 of the constitution, the only high court which has ..... concerned'.25. in kusum ingots & alloys ltd. v. union of india (uoi) and anr. : 2004(186)elt3(sc) , the appellant was a company registered under the indian companies act having its head office at mumbai. it obtained a loan from the bhopal branch of the state bank of india. the bank issued a notice for repayment of ..... it was also clarified that the right to accept or reject the offer without assigning any reason was reserved by the board of directors. 4. the appellant company submitted its formal proposal for the strategic business partnership vide its offer dated february 3, 2004. several proposals were received from various entities, and the board of .....

J.K. Industries Ltd. and ors. Vs. Chief Inspector of Factories and Boi ...

Court : Supreme Court of India

Reported in : 1996VIIAD(SC)125; [1997]88CompCas285(SC); [1996(74)FLR2608]; JT1996(9)SC27; (1997)ILLJ722SC; 1996(7)SCALE247; (1996)6SCC665; [1996]Supp6SCR798

..... petitioners that the inspector of factories can pick and choose any director at his whims is not well founded because section 7 as introduced by the 1987 amendment act casts a duty on the company to notify the name of a director who would be the occupier and once that statutory obligation is discharged, the inspector of factories had no choice ..... section 2(n) or not. the high court noticed the deletion of section 100 by the amending act of 1987 and observed that the legislature had carved out an exception to the main provision by adding second proviso to section 2(n) of the act. the learned judges noticed the judgment of this court in john donald mackenzie and another v. ..... to take care of different situations dealt therein, by enacting various provisos to section 2(n). of course, the expression 'shall be deemed to be an occupier' in second proviso to section 2(n) indicates the creation of a legal fiction but it is wrong to presume that such legal fiction can come into play only where the .....

Puttamma and ors. Vs. K.L.Narayana Reddy and anr.

Court : Supreme Court of India

..... the central government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule. 24. the second schedule referred to in section 163a of the act, 1988 prescribes structured formula for the purpose of grant of compensation. by reasons thereof, a multiplier system has been introduced ..... to issue a direction on the authority to comply with section 158 (6) and 166 (4) of the act, 1988. further prayer was made to direct the central government to amend the second schedule of the act, 1988 in light of the present cost of living which increased manifold.8. per contra, according to the counsel ..... for respondent no.2-oriental insurance co. ltd. (hereinafter referred to as, the insurance company ) the compensation paid in favour of the .....