Judgment Search Results Home > Cases Phrase: companies second amendment act 2002 section 133 amendment of other enactment Page 11 of about 11,147 results (0.330 seconds)

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 .....

Dr. Percy Rutton Kavasmaneck Vs. Gharda Chemicals Ltd.

Court : Mumbai

Reported in : [2009]96SCL515(Bom)

..... and were sought to be passed with a view to oppress the minority. that the purpose of the amendment was to overcome the restriction and permit transfer of shares to the foundation/other persons/company's control by the 2nd respondent and to exert petitioners to sell their shares by depriving them of adequate price. the purpose of ..... be sanctioned.](i) in the alternative to prayers (a) and (b) above-(i) for appropriate orders and directions under sections 397, 398 and 402 of the companies act, 1956 including appointment of an administrator or special officer of the 1st respondent with all powers of the board of directors for a period of 5 years or for ..... ltd. v. raghunath prasad jhunjhunwalla : [1976] 3 scc 259. in paragraph 32 of this decision, our apex court has expounded that although the indian companies act is modelled on the english companies act, the indian law is developing on its own lines. our law is also making significant progress of its own as and when necessary. it is further .....

The Fortune Commercial Bank Ltd. Vs. Vidyagauri J. Metha and ors.

Court : Mumbai

Reported in : AIR1951Bom274; (1951)53BOMLR72; ILR1951Bom403

..... appln. could not have been made by the eeserve 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 that the word 'court' is to be found not only in chap. iii, ..... part of section 45a of the amending act had not contained the words 'notwithstanding anything to the contrary contained in the indian companies act, 1918 (vii [7] of 1913), or in any notification, order or direction issued thereunder,' there would have been a conflict between the second part of section 45 a & the companies act 10 so far as it ..... except the h. c.5. mr. kotwal for petner. no. 1 argued that the amending act cannot go beyond the scope of the mam 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 [10] of 1949), that the winding up proceedings contemplated to be dealt .....

Ved Prakash Agarwal Vs. Rama Petrochemicals Ltd.

Court : Mumbai

Reported in : 2004(3)ALLMR5; IV(2004)BC232; 2004(4)BomCR578; [2004]122CompCas8(Bom); 2005(1)MhLj599; [2004]56SCL116(Bom)

..... court. the words 'for the recovery of money' are expressly appearing in the first part of the amended section and apply only in the case of industrial company. they cannot be introduced in the second part of the amended section where the protection is extended in a limited manner in favour of the guarantor. in view ..... in mind the object of the act and should interpret it in a purposive manner. he contended that the words 'for the recovery of money' appearing in the amended portion of the section which are applicable to the industrial company must also be read in the second part of the said amended section where the protection is given ..... thereof we do not find any substance or merit in the contentions advanced by learned counsel for the appellant recommending a so-called purposive interpretation of section 22 of the said act .....

Rci Power Limited Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : AIR2004AP60; 2003(3)ALD762

..... of the licence given to the licensee. admittedly, section 43-a was introduced in the supply act by amendment act 50 of 1991 to give effect to the changed policy of the central government permitting the private sector to establish generation companies. !n fact, clause 20 of the licence deals with the use of transmission system of the ..... the same principle, the power generation plants that were established in private sector will face the same fate very soon.199. we have no second thought that if the generating company has to pay the wheeling charges at 56.8% in kind, these power plants will come to a grinding halt and the financial institutions ..... injurious to some manufacturers or producers. the court will, of course, examine if there is any hostile discrimination. that is a different 'cup of tea' altogether.the second observation we wish to make is, legislative action, plenary or subordinate, is not subject to rules of natural justice. in the case of parliamentary legislation, the proposition .....

Commissioner of Income Tax Vs. Appollo Tyres Ltd.

Court : Kerala

Reported in : (1998)149CTR(Ker)538

..... perfectly justified in doing so. learned counsel drew support for the above from schedule xiv of the companies act inserted on 24th may, 1988 with effect from 2nd april, 1987 by the company laws amendments act, 1988. schedule xiv of the companies act for the first time provides for the rate of depreciation. it can be seen from schedule xiv, which has reference to ss. 205 and 350 ..... be interpreted consistent with the other provisions of the income tax act. on the basis of the above, learned counsel further submitted that the amendments made to ss. 205(2) and 350 of the act by the companies amendment act, 1988 and the provisions of sch. xiv inserted by the said amendment act with retrospective effect from 2nd april, 1987 also have no application to the assessment in question .....

Mysore Chemicals and Fertilizers Ltd. Vs. Official Receiver Cum Offici ...

Court : Delhi

Reported in : [1975]45CompCas419(Delhi); ILR1975Delhi394

..... separate and distinct court of its own. this does not appear to be correct after the amendment of the punjab courts act in 1963, as i have endeavored to show.(31) secondly, it was suggested that the companies act is a central statute and the punjab courts act being a state statute, the state legislature has no power to alter or ..... supra) as well as by the division bench of the calcutta high court in ajit kumar bhunia's' case (supra). secondly, the supreme court decision was given under the unamended punjab act 1918. the amendments to that act were made subsequently. all that is important to notice about that decision is that in that case an appeal was presented ..... amend the central legislation by providing that the liquidation case under section 435 can also be dealt with by the additional .....

Vilas Vasantrao Mahajan Vs. the Central Bank of India

Court : Mumbai

Reported in : (1982)84BOMLR171; 1982MhLJ139

..... b(ii) saved the appeals that were not filed but were expected to be filed from the orders and decrees passed before the commencement of the said amending act. this is on par with the second part of section 19. the scheme of section 6 thus is analogous substantially to the scheme of section 19.15. there are, however, two distinguishing features which ..... to be governed by the law in existence on that date, unless taken away by any express provision of the amending act or by necessary implication thereof. the division bench relied in this behalf on the privy council judgment in colonial sugar refinery company ltd. v. irving (1905) a.c. 369, and the earlier full bench judgment of this court in ratanchand shrichand .....

Shri Vishram Jaya Shetkar Alias Manohar Jaya Shetkar and Others Vs. Sh ...

Court : Mumbai Goa

..... have been barred under the doctrine of juster-ti ? 4) whether the present second appeal filed on 30/7/2003 is maintainable in view of the amended provisions of the code of civil procedure by virtue of section 5 r/w section 16 of the code of civil procedure (amendment) act, 2002? 11. mr. d. j. pangam, learned advocate, argued on behalf of the ..... of the trial court on the ground that the said documents came in cross-examination of dw. 3 and hence could not have been considered. he relied upon oriental insurance company ltd vs. premlata shukla and others [(2007) 13 scc 476], wherein the apex court has held that a party objecting to the admissibility of a document must raise its ..... -1(cross) and exhibit dw.3/d-2 (cross). 18. in the light of the above, the judgment of the hon'ble apex court in the case of oriental insurance company ltd. , (supra) and that of the full bench of the travancore-cochin high court in the case of balakrishna kamathi , (supra) are not applicable to the present case. in .....

Shri Kihota Hollohon Vs. Mr. Zachilhu and Others

Court : Supreme Court of India

Reported in : AIR1993SC412,JT1992(1)SC600,1992(1)SCALE338,1992Supp(2)SCC651,[1992]1SCR686

..... , j.this matter relating to disqualification on the ground of defection of some members of the nagaland legislative assembly under the tenth schedule inserted by the constitution (fifty-second amendment) act, 1985, was heard along with some other similar matters relating to several legislative assemblies including those of manipur, meghataya, madhya pradesh, gujarat and goa, since all ..... decide it, there is an exercise of judicial power. that authority is called a tribunal, if it does not have all the trappings of a court. in associated cement companies ltd. v. p.n. sharma and anr. : (1965)illj433sc , this court said:.the main and the basic test, however, is whether the adjudicating power which ..... fulfils the requirements of article 368(2) and is outside the specified cases which require ratification cannot be denied legitimacy on the ground alone of the company it keeps. the main part of article 368(2) directs that when a bill which has been passed by the requisite special majority by both .....