Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 11 amendment of section 11 Sorted by: recent Court: company law board clb Page 1 of about 79 results (0.137 seconds)

Descon Ltd. Vs. Dpsc Ltd.

Court : Company Law Board CLB Kolkata

..... consisted of the employees of aycl even though it was not a shareholder. 5. on september 28, 2001, in the annual general meeting, descon passed a resolution to amend its articles to provide for buy-back of its shares. in october, 2001, aycl filed a suit c.s. no. 504 of 2001 before the calcutta high court ..... 2007, shri radhakrishnan being the managing director of the company, was informed of the decision of aycl to disinvest its shares along with the lic and the united indian insurance and that it had been proposed to appoint an advisor for conducting the disinvestment to a strategic buyer. another letter was written by aycl to the company on ..... though aycl had accepted the offer. having refused to allot the shares on preferential basis, now descon has inducted a venture capitalist. this would show that descon has not acted in a fair manner towards aycl. therefore, even equity is not in favour of descon. 15. shri sen further submitted : when the advertisement inviting bids was published in .....

Beml Ltd. Vs. Beml Midwest Ltd.

Court : Company Law Board CLB Chennai

..... accordingly, answered in the negative. 11. in view of my foregoing conclusions and in exercise of powers under section 403 of the act, it is ordered as under : (i) the petitioner will file amended petition, incorporating all the amendments, claimed in c.a.no. 24 of 2008, by 19-2-2008 and serve a copy on the respondents, who will ..... , in view of the equitable and, therefore, discretionary character of the clbs jurisdiction under section 397/398 of the act, to adjudicate the complaint of the petitioner, as made in the main petition. the amendment proposing to bring on record the issue of conviction of the respondents 2 and 3 in a criminal proceeding, by the ..... the applicant and the statutory authorities, as claimed in para 40.5 cannot be incorporated by way of amendment to the company petition. the conviction of the respondents 2 and 3 under section 138 of the negotiable instruments act was prior to the main petition and is under challenge by them. the applicant has not choosen to reveal .....

P.V. Premnath Vs. Tvs Motor Co. Ltd.

Court : Company Law Board CLB Chennai

..... as second defendant in the madurai suit, in terms of an order dated 19-7-2004 made in i.a. no. 216 of 2004. after filing the amended plaint by ms in the madurai suit in july, 2004 pvp had filed written statement making a counter-claim in respect of the impugned shares against ms, in ..... suit, 6,400 equity shares out of 7,750 suit shares came to be dematerialised and registered in the name of the concerned depository, pursuant to the depositories act, 1996. accordingly, those dematerialised shares lost their distinctive numbers, the relative share certificates were cancelled. by virtue of these subsequent events, the madurai suit as framed became ..... consequently the corresponding provision of section 111(5), namely, section 111(2) and (4) will also be applicable to the proceeding under section 111a. the companies act in entering the names of third persons apart from the parties to the present proceeding subject to filing of suit and petition would amount to contravention as prescribed under .....

Shri Sergey Ivanov Vs. Artlibori Resorts Pvt. Ltd., Shri

Court : Company Law Board CLB

..... the r-2 holding 99999 shares as on 18.3.2005 and r-3 holding 1 share; in the fabricated articles submitted to the police, the respondent shows the amended authorized shares capital of one crore, the petitioner is not shown to hold any shares; the 999 shares held by him have vanished into thin air, no explanation ..... behalf of "fintime ltd" is not supported by any board resolution, it is not signed by either the principal or the agent and is not registered at the indian high commission and fails the test of judicial scrutiny. the second affidavit on behalf of the "brophy group ltd." is not supported by the requisite power of attorney ..... the hon'ble court has shown adequate light on the depth of perspective required to be applied on matters of oppression. among the various components needed to classify an act/omission as oppression, malafide intent has been identified as a requisite. while the respondents have denied the contentions of the petitioner, a bare reading of the relevant provisions .....

In Re: Uniworth Resorts Limited

Court : Company Law Board CLB

Reported in : (2008)145CompCas67

..... and (c) where inconsistent and contradictory or mutually destructive allegations of facts are introduced by way of amendments.8. the amendments sought to be introduced must be examined against the above legal background, towards which the acts of oppression and mismanagement set out originally in the main petition and the grievances sought to be agitated by ..... larger interest of doing full and complete justice to the parties before the court. the court always gives leave to amend the pleadings of a party unless it is satisfied that the party applying was acting in a manner malafide. furthermore, it has been held in union of india v. kopran limited (2006) vol. ..... of doing full and complete justice to the parties before the court. the court always gives leave to amend the pleadings of a party unless it is satisfied that the party applying was acting mala fide. the amendment to pleading should be liberally allowed since procedural obstacles ought not to impede the dispensation of justice. the .....

In Re: Legend Technologies

Court : Company Law Board CLB

..... time and holding the general meetings periodically as borne out by the annual returns filed under the signature of the petitioner. article 18(b) was duly amended removing the provisions which enabled the first directors holding office for life, pursuant to the stipulation laid down by ksfc, while extending credit facilities to the ..... no notice was issued to the petitioner, as claimed by the second respondent. mere minutes of the board meeting would not be adequate to establish the amendment to the articles. at that relevant point of time, the petitioner and the second respondent alone were the directors and without the second respondent no meeting ..... the subsequent annual general meeting notices do not reflect any effect of such amendment by passing resolution for retirement of directors in the years 2002, 2003 and 2004 respectively, since the amendment would have the effect of due compliance of section 255 of the act in the subsequent years. the petitioner being one of the promoter directors .....

Abp Private Limited, Manipal Vs. United News of India (Uni) and ors.

Court : Company Law Board CLB

Reported in : (2008)142CompCas688

..... that media west owns a visual media and the second is, even it does, since the article restricts the eligibility only to owners of newspaper, until the articles are amended, no one else can be admitted as a member. shri mookherjee pointed that even at present, there are members in uni who are not owners of news papers and ..... seen that minutes of the board meeting held on 21.8.2006 were read and confirmed and there is nothing in the minutes to show that the draft minutes were amended to indicate that the words "infuse funds" was approved to be incorporated in place of the words "funds plans for reduction of staff. thus, it is evidently clear ..... (the act) in the year, 1961 with the main object to promote the spread of knowledge, political, cultural, art, history, sports and other useful objects of public interest and to disseminate news to the general public both about indian and foreign affairs. in terms of article 4 of the aoa, no shares shall be allotted or transferred to any person .....

Suhas Chakma Vs. South Asia Human Rights

Court : Company Law Board CLB

Reported in : (2008)142CompCas902

..... neither was there consensus ad idem nor was any consideration paid visa-vis the alleged transfer of the petitioner's shares. therefore, as per section 25 of the indian contract act, 1872, the alleged registration of the transfer of petitioner's shares is void. in other words, the lack of consent, consideration and the absence of a valid ..... set aside and the name of the petitioner be restored in the register of members.12. shri. abhilash pillai, counsel for the respondents pointed out that the petitioner amended his prayers whereby he gave up all the prayers in the petition except the following: (vi) declare the transfer of the petitioner's shares to respondent no. ..... present petitioner does not have the necessary qualification to be able to present a petition under sections 397 and 398 of the act. the respondents have rightly pointed out that after the petitioner amended his prayer whereby he gave up all the prayers in the petition except that "(vi) declare the transfer of the petitioner's .....

Enercon Gmbh Vs. Enercon (India) Ltd. and ors.

Court : Company Law Board CLB

Reported in : (2008)143CompCas687

..... the company and mehra group and 4 drafts were prepared for final execution. they were ipla, successive technology transfer agreement, name use license agreement and amendment to existing shareholding agreement. these drafts were never finally executed as legal documents.however, contending that ipla was not a draft but a final "agreement ..... 1. in this order i am considering c.a. 494/2007 filed under section 8 of the arbitration and conciliation act 1996 (the act)( originally filed under section 45 of the act and later amended to section 8) seeking for referring the parties to the proceeding to arbitration in terms of arbitration agreements. this application has ..... production. by a communication dated 26.8.2006, the petitioner guaranteed continuous material supply. by a communication dated 10.6.2006, the petitioner had complemented its indian colleagues for the petitioner getting a rating of "capital a+". however, all of a sudden, in feb. 2007, the petitioner stopped the supply of material .....

Mrs. Saroj Hashmukh Patel and ors. Vs. Kantilal Pranalal Patel and ors ...

Court : Company Law Board CLB

..... the petitioners, sought any information in regard to the functioning of the company or found any irregularity in the management of the company or asked for amended copy of the memorandum and articles of association of the company, before making frivolous allegations in the present proceedings. the company has been regularly sending ..... the name of the directors have been taken in the presence of the interested directors, in contravention of the relevant provisions of the act, thereby not acting in good faith but in breach of fiduciary duty cast on them. o all the minutes of the meetings of the company save ..... decline in profitability, deficiencies in the management, financial irregularities, maintenance of large cash advances, absence of internal control measures, non-compliance of provisions of the act, non-realisation of debtors, decrease in the commission or incentives, increase in administrative expenses, fraud and misrepresentation played by the respondents, decisions taken at the board .....