Judgment Search Results Home > Cases Phrase: companies second amendment act 2002 section 133 amendment of other enactment Page 9 of about 11,147 results (0.429 seconds)

Haryana Financial Corporation Vs. Dev Papers P. Ltd. (In Liquidation) ...

Court : Punjab and Haryana

Reported in : [2009]150CompCas399(P& H)

..... the revival and rehabilitation of sick industrial companies and thus, the provisions of section 424g are not attracted at all. as a matter of fact clause (i) ..... opinion is formulated by the company court regarding the existence of the circumstances specified in section 424g. this contention of learned counsel for the respondent is totally fallacious and misconceived. the present proceedings for winding up have not been initiated under part vi-a as inserted by the companies (second amendment) act, 2002, which deals with ..... 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, 1960.10. section 537 deals with the avoidance of attachments, execution, etc., in winding up and reads as under:section .....

President, Pudupariyaram Service Co-op. Society Vs. Rugmini Amma and o ...

Court : Kerala

Reported in : (1996)IILLJ501Ker

..... a 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.'the constitution bench of the ..... suresh koshy george v. university of kerala (supra) such an opportunity is not the requirement of the principles of natural justice and as held in associated cement companies ltd v. t.c. shrivastava (supra) neither the ordinary law of the land nor industrial law requires such an opportunity to be given. the opportunity of ..... natural justice, law may or may not prescribe such a course.'in associated cement companies ltd. v. t.c. shrivastava (supra) this court held that at p. 109 neither under the ordinary law of the land nor under industrial law a second opportunity to show cause against the proposed punishment is necessary. since a right .....

M/S.Pioneer Alloy Castings Ltd., (In Liq Vs. 1.The Assistantgeneral Ma ...

Court : Andhra Pradesh

..... 3) shall apply to any proceeding pending in appeal before the supreme court or a high court. section 537 (prior to its substitution by the companies (second amendment) act, 2002 - 537 - avoidance of certain attachments, executions, etc., in winding up by or subject to supervision of the court - (1) where any ..... only before the drt in accordance with section 17 of the sarfaesi act and not before the company court. sarfaesi act being a latter legislation to the incorporation of section 529a in the companies act thus prevails over the companies act and sale as provided for under the sarfaesi act holds good during the pendency of winding up petition against the ..... [(2005) 8 scc190. it is not a situation where the official liquidator can have a choice either to approach the drt or the company court. the language of the rdb act, being clear, provides that any person aggrieved can prefer an appeal. the official liquidator whose association is mandatorily required can indubitably be regarded as .....

Md.MoiuudIn Vs. Most.Haliman Nisa and ors

Court : Supreme Court of India

..... by the subordinate court is not obeyed. however, there is no such procedure prescribed to execute order of clb particularly after proviso is added to section 634a of the companies act, 1956, vide companies (second amendment) act, 2002.28. therefore, having considered submissions of learned counsel for the parties, and material on record, and further considering the relevant provisions of law and the cases referred above ..... , after above order was passed by the high court, a proviso is added by legislature to section 634a of the companies act, 1956, which reads as under:- provided that the provision of this section shall not apply on and after commencement of the companies (second amendment) act, 2002. as such, on the date (3.8.2007) order passed by learned single judge, the depositor had no .....

Vivek Hire Purchase and Leasing Limited Rep. by Its Vice President, Mr ...

Court : Chennai

Reported in : [2006]129CompCas343(Mad); 2005(1)CTC524; (2005)2MLJ8; [2005]62SCL245(Mad)

..... 434. under sub-clause (a) of section 434(1), if a creditor, by assignment or otherwise, to whom the company is indebted in a sum exceeding rupees one lakh (substituted for rs. 500 by companies (second amendment) act, 2002) then due, has served on the company, by, causing it to be delivered at its registered office, by registered post or otherwise, a demand under his hand ..... requiring the company to pay the sum so due and the company has for three weeks thereafter neglected to pay the sum, or to .....

Mahesh Chandra Sharma vs.tycoon Seeds Pvt. Ltd. & Ors.

Court : Delhi

..... under sections 397 and 398 of the companies act.13. section 10(f) of the companies act, 1956 reads as follows: 10f. appeals against the orders 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 ..... noted that the petitioner admittedly entered into an agreement dated 06.04.2011 for distribution of the stocks, assets and liabilities of the company equally in between the petitioner and second respondent. in support of the pleadings, the petitioner and the respondents filed documents indicating distribution of the stocks, assets and liabilities .....

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 .....

Pinku Trading Corpn. and anr. Vs. Bank of Baroda and ors.

Court : Guwahati

..... by a single judge of a high court, no further appeal shall lie from the judgment and decree of such single judge.' 5. the scope and ambit of an amending act was considered by the apex court in the case of hitendra vishnu thakur v. state of maharashtra reported in (1994) 4 scc 602 wherein the apex court observed as ..... it' (per lord devuil ponnamal v. arumogam 1905 ac 390). the right of appeal, where it exists, as a matter of substance and not of procedure (colonial sugar refining company v. irtin 1905 ac 368). (iii) right of appeal is statutory. right of appeal inherits in no one. when conferred by statute it becomes a vested right. in this ..... refer to the observations of the constitution bench in garikapati (supra) wherein the apex court observed as follows : '(i) that the legal pursuit of a remedy, suit, appeal and second appeal are really but steps in a series of proceedings all connected by an intrinsic unity and are to be regarded as one legal proceeding. (ii) the right of appeal .....

R.P. Khosla and anr. Vs. Connaught Plaza Restaurant Pvt. Ltd. and ors.

Court : Delhi

..... decisions taken by the clb. the section is as follows: 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 out of ..... question of law does arise as to the locus standi of the appellant to invoke the suo motu jurisdiction of the clb under section 237(b) of the companies act. i accordingly admit the appeal. i may clarify that i have considered the point whether the impugned orders are only administrative orders passed by the clb, and .....

Henna George Vs. Union of India and Others

Court : Delhi

..... the company cases for their speedy disposal had been passed in the parliament; (iv) the further steps for constituting nclt were dependent ..... proposed to be repealed and the sick industrial companies (special provisions) repeal bill, 2003 providing for repeal of sica and abolition of bifr and appellate authority industrial and financial reconstruction (aaifr) had been passed in both the houses of parliament; (iii) the companies (second amendment) act, 2002 providing for establishment of national company law tribunal (nclt) and national company law appellate tribunal (nclat) to deal exclusively with .....