Judgment Search Results Home > Cases Phrase: companies second amendment act 2002 section 133 amendment of other enactment Page 5 of about 11,147 results (0.332 seconds)

Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

..... . r. gandhi, president, madras bar association16, a constitution bench of five judges of this court reviewed the constitutional validity of parts i-b and i-c of the companies act, 1956 inserted by the companies (2nd amendment) act, 2002.48. the bench observed that if tribunals are established in substitution of courts, they must also possess independence, security and capacity. additionally, with transfer of jurisdiction from ..... member; and (d) secretary in the ministry of law and justice member. (emphasis supplied) significantly, section 10 (fx) which was inserted into the companies act 1956 by the companies (second amendment) act 2002 relating to the constitution of nclt and nclat contained the following provision: 10-fx. selection committee. (1) the chairperson and members of the appellate tribunal and president and members .....

Gujarat Urja Vikas Nigam Limited Vs. Amit Gupta

Court : Supreme Court of India

..... relating to winding-up presently vested in the high courts.4. it is stated that the recommendations of the eradi committee were accepted by the government and company (second amendment) act, 2002 was passed providing for establishment of nclt and nclat to take-over the functions which are being performed by clb, bifr, aaifr and the high ..... has arisen or arises or such application has been made or is made before or after the order for the winding up of the company, or before or after the commencement of the companies (amendment) act, 1960. 45 section 280 of the ca2013provides as follows: 280. jurisdiction of tribunal. the tribunal shall, notwithstanding anything contained in any ..... such application has been made or is made before or after the date of the order for the winding up of the banking company or before or after the commencement of the banking companies (amendment) act, 1953 (52 of 1953). (emphasis supplied) 56 part i62in dhirendra chandra pal vs associated bank of tripura ltd.54, a .....

Madras Bar Association Vs. Union Of India

Court : Supreme Court of India

..... and the jurisdiction and powers relating to winding up vested in the high courts. the government accepted the recommendations and passed the companies (second amendment) act, 2002. the reason for the said amendment was to avoid multiplicity of litigation before various fora and to reduce pendency of cases. the madras bar association filed a writ ..... in exercise of incidental and ancillary powers adjunct to the concerned legislative head. as has been elaborated by l. nageswara rao, j., the constitution (forty second) amendment act, 1976 introduced articles 323a3 and 323b4 which paved the way for the creation of tribunals as substitutes for courts. 1entries 77,78 and 79, list i, ..... . xx xx xx 123. in the light of foregoing discussions it is declared that until the provisions in parts 1b and 1c of the companies act introduced by the companies (amendment) act, 2002, which have been found to be defective in as much as they are in breach of the basic constitutional scheme of separation 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 .....

Transport Corporation of India Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (2003)84ITD183(Hyd.)

..... income derived from the carrying on of shipping operations 24.1 sec. 33ac of the it act, 1961 was inserted by the direct tax laws (second amendment) act, 1989 w.e.f. 1st april, 1990, with a view to provide a tax incentive to public/government companies engaged in the business of operation of ships. this deduction is available to the extent ..... to deduction of the entire amount of the total income of its business. the deficiency has been made good by the amendment brought about by finance act, 1995. he drew our attention by stating that the assessee-company has three ships which operate from madras to port blair, calcutta and other neighbouring countries. the effect would be that ..... be made in respect of such excess." sec. 33ac was amended by the finance act, 1995 w.e.f. 1st april, 1996.the amended section applicable w.e.f. 1st april, 1996 is as below : "33ac. in case of an assessee, being a government company or a public company formed and registered in india with the main object of carrying .....

Vbc Ferro Alloys Ltd. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Hyderabad

..... page 327, under heading "lacuna in the 1998-substituted section 10(23g) removed", and submitted that explanation 2 to section 10(23g) inserted by the income-tax (second amendment) act, 1998, clarifies that the exemption available under section 10(23g) is only in respect of investments made between 1-4-1998 and 31-5-1998 and shall continue to ..... by the hon'ble supreme court in the case of apollo tyres (supra). the working in question should start from book profit as arrived at by the company under the companies act. as far as the issue as to whether the profit should be reckoned below the line or above the line, is concerned, the issue has been ..... section 115ja(2). he argued that the liability in question is not an ascertained liability and thus it should go to increase the book profit determined by the company under the companies act. he fairly submitted that the cit (a), while allowing the expenditure claimed by the assessee on supplementary bills raised by ntpc in the regular assessment, had .....

Gal Offshore Services Ltd. (Now the Great Eastern Shipping Company Ltd ...

Court : Mumbai

Reported in : (2009)221CTR(Bom)448; [2009]309ITR125(Bom)

..... the said circular are reproduced hereunder.24.1: section 33ac of the income tax act, 1961 was inserted by the direct tax laws (second amendment) act, 1989, with effect from 1st april, 1990 with a view to provide a tax incentive to public/government companies engaged in the business of operations of ships. this deduction is available to the ..... carrying on of the business of operations of shipping in the year of claim;ii) amendment brought by finance act, 1995 with effect from 1st april, 1996 is clarificatory and retrospective.iii) circular no. 554 dated 12th december, 1994 clarifies that companies should engage in the business of operation of ships.5. being aggrieved by the ..... actual carrying on of business of operation of shipping in the year of claim.13. as regards the arguments/contentions of the revenue/tribunal that the amendment brought by finance act, 1995 with effect from 1st april, 1996 is clarificatory and not retrospective, we are of the view that since clause 24.4 of the circular .....

Municipal Corporation of Gr. Bombay Vs. General Secretary, BEST Worker ...

Court : Mumbai

Reported in : 2008(6)BomCR479

..... representation on the proposed penalty was to be found in clause (2) of article 311 prior to its amendment by the constitution (forty-second amendment) act. this right having been taken away by the constitution (forty second amendment) act, there is no provision of law under which a government servant can claim this right.41. the supreme ..... as to the scope of section 10(2) of the industrial employment (standing order) act, 1946, as amended.28. standing orders of the appellant before the supreme court were certified by the regional labour commissioner and both the company and workmen filed appeals against the order certifying them. the appeals were also disposed off. ..... following decisions:(i) : (1969)illj734sc (management, shahdara (delhi) saharanpur light railway co. ltd. v. s.s. railway workers union)(ii) : (1984)iillj105sc (associated cement companies ltd. v. t.c. shrivastava and ors.)(iii) : (1985)iillj206sc union of india v. tulsiram patel and ors.(iv) 1991(1) c.l.r. 61 union of .....

United India Insurance Company Limited, Bangalore Vs. Venkataraju and ...

Court : Karnataka

Reported in : 2000ACJ984; ILR1999KAR729; 1999(2)KarLJ86; (1999)IILLJ272Kant

..... and others, wherein their lordships observed:'it is not disputed that section 4 of the act was amended in 1995 by the amendment act 30 whereunder the deemed income has been increased from rs. 1,000/- to rs. 2,000/-. learned counsel for the assurance company has vehemently contended that since the accident took place in the year 1981, the law ..... . 2,000/- only, in view of substitution of the figure rs. 2,000/- for figure rs. 1,000/- in the 2nd explanation of section 4 of the workmen's compensation amendment act, 1995, for short 'the amending act 30 of 1995'. on that basis applying the multiplier, the tribunal has assessed and awarded the amount of compensation to be rs. ..... merits of the case it has no merits as hereinafter.14. as regards the second contention raised by the learned counsel for the appellant, it will be appropriate at this juncture to refer to material portion of section 4 of the act earlier to its amendment by act 30 of 1995. section 4(1), clauses (a) and (b) with explanations .....

U.P. Cement Vetanbhogi Sahkari RIn Samiti Ltd. Vs. Official Liquidator

Court : Allahabad

Reported in : [2010]97SCL196(All)

..... of the appeal under section 483 provides as follows: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 which ..... any alteration in the law as regards the appealability of decisions of a high court under section 202 of the companies act by reason of the amendment of the letters patent. again, the letters patent were amended in january, 1928 when appeals against decisions in second appeals were made subject to the grant of leave by judges rendering such decisions. if the decision in a .....