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Judgment Search Results Home > Cases Phrase: debentures companies act Court: andhra pradesh Page 2 of about 110 results (0.046 seconds)

Oct 24 2006 (HC)

Vinod Baid Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Reported in : [2007]139CompCas324(AP); [2007]78SCL313(AP)

..... other offences, it would not be correct to say that the latter class of cases also would be continuing offences....[emphasis supplied]11. under section 113(1) of the companies act, every company shall, within three months after the allotment of shares, debentures, stocks etc. and within two months after an application for registration of the transfer of any such shares ..... 469 and 472 of the criminal procedure code which read as under:companies act:113. limitation of time for issue of certificates. - (1) every company, unless prohibited by any provision of law or of any order of any court, tribunal or other authority, shall, within three months after the allotment of any of its shares, debentures or debenture stock, and within two months after the application for ..... sub-clause (3) of section 133 of the companies act, observed:11. a reading of the above said section makes it clear that on the application of the person entitled to have the certificates or the debentures delivered to him within the prescribed time alone, an order directing the company and any officer of the company shall be made to make good the default ..... 53 of the act for such transfer. as mentioned in the complaints, shares are alleged to have been lodged on 7-8-1990; 12 non-convertible debentures were lodged on 30-11-1990 and 270 non-convertible debentures were lodged on 15-11-1990. assuming these as the correct dates when the shares and debentures were actually delivered to the petitioner company, the registration/ .....

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Dec 22 1995 (HC)

Golkonda Engineering Enterprises Ltd. Vs. Ginni Vyappaar Ltd.

Court : Andhra Pradesh

Reported in : (1997)1CompLJ404(AP)

..... as follows : 'the power to amalgamate may flow from the memorandum or it may be acquired by resorting to the statute. section 17 of the companies act indicates that a company which desires to amalgamate with another company will take necessary steps to come before a court for alteration of its memorandum in aid of such amalgamation. the statue confers a right on a ..... order to implement any of the above mentioned objects or purposes, transfer without consideration, or at such fair or concessional value and subject to provision of companies act divest the ownership of any property of the company to or in favour of any public or local body or authority or central or state government or any public institutions. and it is hereby declared ..... for sharing profits or for cooperation or for mutual assistance with any such persons, firm or company or to acquire and carry on business and to give or accept by way of consideration for any of the acts or things aforesaid or property acquired, any shares, debentures, debenture stock or securities that may be agreed upon and to hold and retain, or sell, mortgage ..... and deal with any shares, debenture stock or securities so received. * * * *24. to invest and deal with monies of the company not immediately required in any manner deems expedient .....

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Sep 09 2011 (TRI)

M/S.Shriram Chits (P) Ltd., Rep. by Its Branch Manager Vs. Rachamalli ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... finance compnay limited. the opposite party converted the prize amount of rs.2,72,000/- into debentures. the district forum had held that ??there is no provision in the a.p.chit fund act, 1971 authorizing the foreman to convert the prize amount into debentures of any company even at the request of the prized subscriber ? . in the absence of any provision in the ..... chit fund act or any clause in the chit agreement as to authorizing the foreman of the opposite ..... and not five monthly instalments as contended by the opposite party company. 9. the district forum has referred to sec.14 of a.p. chit fund act while discussing the inability of the foreman of the opposite party company to convert the prize money into debentures. sec.14 of a.p. chit fund act reads as under: (1) the foreman shall, on the prized subscriber ..... party company on receipt of application from the prized subscriber, the opposite party company cannot deposit the prize amount with .....

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Mar 12 1962 (HC)

Vazir Ali Vs. M. Shankariah and ors.

Court : Andhra Pradesh

Reported in : AIR1964AP91; (1962)IILLJ636AP

..... tivoli, ltd., (1899) 1 ch 151 the question arose whether the position of a trustee for debenture-holders was a place of profit. there the plaintiff sought an injunction to restrain the defendant company and other directors from preventing him from acting as a director of the company. the defendants alleged that the plaintiff had ceased to be a director because he had accepted ..... from the company the trusteeship of a covering deed relating to debenture on terms of payment by the company to him for his services. they insisted that ..... as one of the articles of association prescribed that the office of a director should be vacated if he held 'any other office or place of profit under the company.' it was held that the position of trustee for the debenture holders was a 'place of profit'. north, j., observed as follows :'1 think a man who has been selected by the ..... company -- by the directors -- to fill the position of trustee of a covering deed on the terms of receiving from the company, out of the coffers of the company, regular payment of so much a .....

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Jul 21 2004 (HC)

In Re: Hyderabad Industries Limited

Court : Andhra Pradesh

Reported in : 2004(4)ALD842; 2004(4)ALT757; [2005]123CompCas458(AP); [2004]55SCL1(AP)

..... following resolution as a special resolution.'resolved that pursuant to the provisions of sections 78, 100 and other applicable provisions, if any, of the companies act, 1956 read with article 15 of the articles of association of the company and subject to the confirmation of the honourable high court of judicature of andhra pradesh at hyderabad, an amount not exceeding rs. 115.30 ..... in this appeal preferred under clause 15 of the letters patent and section 483 of the companies act, 1956 (for short 'the act') against the order dated 27.4.2004 of the learned company judge dismissing the application filed under section 100 read with section 78 of the act.2. the appellant herein filed the petition seeking the relief of confirmation of adjustment of share ..... of, or the commission paid or discount allowed on, any issue of shares or debentures of the company; or(d) in providing for the premium payable on the redemption of any redeemable preference shares or of any debentures of the company.(3) where a company has, before the commencement of this act, issued any shares at a premium, this section shall apply as if the shares ..... had been issued after the commencement of this act: provided that any part of the premiums which has been so applied that .....

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Apr 27 2004 (HC)

In Re: Hyderabad Industries Limited

Court : Andhra Pradesh

Reported in : 2004(3)ALD832; [2005]123CompCas446(AP); (2004)4CompLJ375(AP); [2004]53SCL376(AP)

..... a special resolution resort to any of the purposes under sub-section (1) of section 100? section 100 or any of the provisions in the companies act does not confer any right on the company to reduce its share capital. such a right has to be conferred by thearticles of association. sub-section (1) of section 100 makes it very clear that ..... by m/s. hyderabad industries limited purportedly under section 100 read with section 78 of the companies act, 1956 (for short, the act), the petitioner company prays for confirmation of adjustment of share premium against the permanent loss in value of investment made by the company in nepal metal company limited ('nmcl' for brevity) as approved by special resolution by annual general meeting of the ..... of, or the commission paid or discount allowed on, any issue of shares or debentures of the company; or providing for the premium payable on the redemption of any redeemable preference shares or of any debentures of the company. the proviso to sub-section (3) further clarifies that before commencement of the act, if any share premium account is used as 'identifiable part of the ..... company's reserves', the same shall be disregarded because as per sub-section (3), if any company had issued shares at a premium, that money .....

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Apr 27 1993 (HC)

Branch Manager, State Bank of Hyderabad Vs. Gadiraju Rama Bhaskara Vis ...

Court : Andhra Pradesh

Reported in : AIR1993AP337; 1993(2)ALT274

..... respect of a debt or a security. interpreting s. 370 of the indian succession act, which defines security as any pronote, debenture, stock or other security of central or state government, any bond, any stock or debenture or share in a company etc., the court held that articles pledged do not come within any of the categories mentioned above and as such, gold articles ..... certificate as the question as to who is entitled to those articles cannot be decided by the bank.3. it is relevant to note s. 214 of the indian succession act, which reads thus :'(1) no court shall- (a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to ..... administration evidencing the grant to him of administration to the estate of the deceased, or (ii) a certificate granted under s. 31 or s. 32 of the administrator-general's act, 1913, and having the debt mentioned therein, or (iii) a succession certificate granted underpart x and having the debt specified therein, (iv) a certificate granted under the succession certificate ..... act, 1989, or (v) a certificate granted under bombayregulation no. viii of 1827, and, if granted,after the first day of may, 1889, having thedebt specified therein. (2) the word 'debt' .....

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Nov 02 2007 (HC)

Smt. Kamili Sarojini Vs. Indian Bank, Avanigadda Branch

Court : Andhra Pradesh

Reported in : AIR2008AP71; 2008(2)ALD581; III(2008)BC299

..... respect of a debt or a security. interpreting section 370 of the indian succession act, which defines security as any pronote, debenture, stock or other security of central or state government, any bond, any stock or debenture or share in a company etc., the court held that articles pledged do not come within any of the categories mentioned above and as such, gold articles ..... certificate act, 1889, or(v) a certificate granted under bombay regulation no. viii of 1827, and, if granted, after the first day of may, 1889, having the debt specified therein.(2) the ..... administration evidencing the grant to him of administration to the estate of the deceased, or(ii) a certificate granted under section 31 or section 32 of the administrator-general's act, 1913, and having the debt mentioned therein, or(iii) a succession certificate granted under part x and having the debt specified therein, or(iv) a certificate granted under the succession ..... bhaskara viswanadha raju : air1993ap337 , the learned judge of this court at paragraphs 3, 4 and 5 observed as under:it is relevant to note section 214 of the indian succession act, which reads thus:(1) no court shall:(a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming or succession to .....

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Jan 23 2008 (HC)

LPL Infrastructures Limited Vs. Kumar's Metallurgical Corporation Limi ...

Court : Andhra Pradesh

Reported in : [2008]142CompCas952(AP); (2008)3CompLJ220(AP); [2008]85SCL251(AP)

..... purpose of securitization;2(v) 'reconstruction company' means a company formed and registered under the companies act, 1956 (1 of 1956) for the purpose of asset reconstruction;2(zd) 'secured creditor' means any bank or financial institution or any consortium or group of banks or financial institutions and includes-(i) debenture trustee appointed by any bank or financial ..... institution; or(ii) securitization company or reconstruction company, whether acting as such or managing a trust set up by such securitization company or reconstruction company ..... - (3) where the management (1) where the management of an of the business of a borrower, being industrial concern, being a companya company as defined in the companies as defined in the companies act,act, 1956 (1 of 1956), is taken over 1956, is taken over by the financialby the secured creditor, then, notwi- corporation, then, notwithstandingthstanding ..... statutory taxes to a tune of rs. 1,35,30,048/-. the respondent also failed to comply with the provisions of companies act and therefore, registrar of companies filed complaints under section 168 of companies act before the court of special judge for economic offences. in these cases, being c.c. nos. 55 to 63 of 2004 .....

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Apr 07 1965 (HC)

The State of Andhra Pradesh Represented by the District Collector, Gun ...

Court : Andhra Pradesh

Reported in : AIR1966AP233; [1966]36CompCas950(AP)

..... their security takes precedence over the claim of the debenture holders. that right was claimed both under the state aid to industries act as well as under common law.the government also pleaded they were not aware ..... the government advanced rs. 1,30,000 under the state aid to industries act and became a secured creditor taking precedence over the floating charge, if any, in favour of the debenture holders. thus, the government contended that the land, buildings, plant and machinery and all other assets of the company were mortgaged to them for the discharge of their debt, and that ..... varu filed a petition under sections 229 and 233 of the act and under sections 67 to 104 of the transfer of property act requesting the court to decide the question of priority between the first mortgagees viz. the debenture holders of the guntur vegetable oil industries ltd., under liquidation (hereinafter called the company) and me government. the case of the petitioner is that ..... of the various provisions of the debenture trust deed. by an additional counter, it was contended by the government that no part of the machinery of the company including the boiler and tanks were permanently attached to the .....

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