Judgment Search Results Home > Cases Phrase: companies second amendment act 2002 section 71 amendment of heading before section 466 Page 6 of about 11,869 results (0.504 seconds)

Prudential Capital Markets Ltd., Calcutta Vs. State of A.P. and Others

Court : Andhra Pradesh

Reported in : 2000(5)ALD418; 2000(5)ALT468; [2002]108CompCas441(AP)

..... depositor. learned counsel for the depositors trace the history of legislation and amendment acts which inserted the provisions for constitution of clb in the companies act and which inserted provisions like sections 45-q and 45-qa in the rbi act and submit that the amendments were never intended to exclude the jurisdiction of civil courts and special ..... commission which dismissed the appeal filed and whereupon depositor approached district forum under section 27(1) of the consumer protection act, 1986 (hereafter called 'the consumer act') by filing penalty petition. the second category of cases are those where the depositor filed a penalty petition before the district forum for implementation of the order ..... lawyer of the third respondent sent a notice to the head office as well as branch office on 30-7-1997 demanding repayment in vain. the second and final notice was issued on 30-9-1997 requesting repayment within 30 days whereupon the pcml by their letter dated 17-11-1997 informed the .....

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 .....

Pilani Investment Corporation Limited and anr. Vs. Union of India (Uoi ...

Court : Madhya Pradesh

Reported in : AIR1981MP140; 1981MPLJ62

..... section 18fa empowering the central government to authorise with the permission of the high court to take over management or control of industrial undertakings owned by companies in liquidation. the amending act further added chapter iii-ab which bears the heading 'power to provide relief to certain industrial undertakings.' chapter iii-ab so added consists of only ..... the orders of suspension of contracts issued by the central government under section 18fb(1)(b). in the hope that the orders would expire on 2nd january, 1979, the petitioner company again filed a suit on 7th november, 1978 in the court of the district judge for recovery of rs. 24,26,969/-which was ..... aggregate period of five years under section 18fb(2)(b) was raised to eight years. the ordinance was replaced by the amending act no. 17 of 1979. the petitioners then filed the present petition on 2nd april, 1979. during the pendency of this petition the central government issued two orders on 28th december, 1979 extending the .....

Burmah Shell Oil Storage and Distributing Co. of India, Ltd. and anr. ...

Court : Supreme Court of India

Reported in : AIR1961SC315; [1961]1SCR902; [1960]11STC764(SC)

..... motor spirit for aviation purposes (shortly, aviation spirit) supplied by the appellant companies to aircraft bound for countries abroad, under the bengal motor spirit sales taxation act, 1941, as amended by s. 2(a)(i) of the bengal motor spirit sales taxation (second amendment) act, 1954. the commercial tax officer, the commissioner of commercial taxes and the ..... states of west bengal have been joined as respondents in this court, as they had previously been joined in the high court. 2. the appellant-companies deal in petroleum and petroleum products, and ..... 3, which is the charging section, provided that no tax shall be levied on the sale of any motor spirit for the purpose of aviation. the act was amended by the second amendment act, 1954, and sub-s. (4) of s. 3 was omitted, and the proviso to the first sub-section was re-enacted, adding one .....

P. Gangadharan Pillai Vs. Assistant Controller of Estate Duty and ors.

Court : Kerala

Reported in : [1980]126ITR356(Ker)

..... that is under challenge, not the alternate remedy that is available, that is relevant when a question of application of art, 226(3) or section 58(2) of the forty-second constitution (amendment) act, 1976, comes up for consideration. in this case, we have already noticed that the purported order of remand dated february 8, 1968, is null and void in the eye ..... the pendency of the proceedings. the e.d. act, 1953 (act 34 of 1953), hereinafter referred to as the principal act, was amended by the e.d. (amend.) act, 1958 (act 33 of 1958) (hereinafter referred to as the 'amendment act'). for the sake of convenience we will call the act as amended by the amendment act as the amended act. section 21 of the amendment act provided for the substitution of sections 56 to 65 of .....

P.Kumar Vs. Secretary to Government

Court : Chennai

..... , associate professor of commerce, government arts college, nandanam. this court had the benefit of hearing them also. according to them, as per section 388-e of the act, which was introduced by means of companies (second amendment) act, 2002, the ".tribunal". alone is competent to make a recommendation to the central government for removal of a director.8. i have considered the above submissions.9 ..... court, wherein, a same view was taken. further, according to the learned counsel for the petitioner, chapter iv a was never notified as required under the companies (second amendment) act, 2002. therefore, according to him, it is only ".company law board"., which has got power to make recommendation and on whose recommendation, a director can be removed.7. today, four experts in the said subject .....

Ratnam Sudesh Iyer Vs. Jackie Kakubhai Shroff

Court : Supreme Court of India

..... scope of scrutiny as it would appear to run contrary to the legislative intent of section 26 of the amendment act. in this regard it may be appropriate to refer to the supreme court s observations in ssyangong engineering and construction company ltd.19 (supra) relating to the 18 supra 19 supra 21 scope of public policy as a ..... that the reason behind the first part of section 26 of the 2015 amendment act being couched in the negative was only to state that the amendment act will apply even to arbitral proceedings commenced before the amendment if the parties otherwise agree. this is not so in the second part. the judgment derived that the intention of the legislature was to ..... e-mail was also circulated to their associates. on the respondent asking the appellant on 30.06.2011 to complete the sale of shares for release of the second escrow cheque of us$ 2 million, the appellant replied the same day stating that the respondent could not push him to sell. the appellant also alleged the breach .....

In Re: Mangalore Chemicals and

Court : Company Law Board CLB

Reported in : (1994)79CompCas551

..... to mobilisation of working capital and also the efforts taken in respect of the rehabilitation efforts.22. section 80a was inserted by the 1988 amendment act, which came into effect from june 15, 1988, enabling companies in financial distress, if they are unable to redeem such shares on the due dates, to issue further (fresh) preference shares in ..... number of preference shares as may be necessary to cover arrears of unpaid accumulated dividends on the maturity date, i.e., october 5, 1992 ; and the second lot of 1,49,825 preference shares of rs. 100 each plus such number of preference shares as may be necessary to cover arrears of unpaid accumulated dividends on ..... issue in this case.18. as far as the second issue, whether the consent of the preference shareholders is necessary, is concerned, as has been already pointed out, even the sachar committee did not consider the same necessary.while section 80a makes it incumbent on the company to redeem preference shares as they become due, the .....

Bertrand Faure Sitztechnik Gmbh Vs. Ifb Automotive and Seating

Court : Company Law Board CLB

Reported in : (1999)97CompCas690

..... rs. 55 lakhs against the application money paid by the first petitioner has been complied with. certain rights granted to the company like amendment to articles, change of its name, etc., have been implemented. the only obligation on the second respondent to deposit rs. 2.86 crores towards the consideration for the shares alone remains to be complied with. thus, our ..... the application, c. a. 238 of 1998, filed by the petitioners under section 634a of the companies act ("the act") read with regulation 44 of the company law board regulations, 1991, in c. p. no. 47 of 1995 filed under section 397/398 of the act in the matter of m/s. r. h. w. india limited which is now known as ..... we shall deal with the stand of shri sarkar that this application is not maintainable. this application has been made under section 634a of the act which reads as follows : "any order made by the company law board may be enforced by that board in the same manner as if it were a decree made by a court in a suit .....

In Re: Ritesh Polysters Limited a

Court : Company Law Board CLB

Reported in : (2005)123CompCas348

..... for the case.in order to appreciate this contentious issue, it would be necessary to extract the provisions of section 621a as stood prior to the companies (second amendment) act, 2002, which reads as under: - "621a: composition of certain offences: - (1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 ..... was applicable before 1947 would apply. admittedly, the present violations were committed in march 1995 and therefore shall attract penalty as prevalent prior to the companies (amendment) act, 2000. having regard to the facts and circumstances of the case, the applicants shall pay each maximum penalty of rs. 5,000/- for the ..... offences. the claim of the applicants that the violations were committed and rectified before the commencement of the companies (amendment) act 2000 and therefore the penalty which was prevalent before the commencement of the amendment act, 2000 may be imposed, must be considered in the light of article 20(1) of the constitution of .....