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Judgment Search Results Home > Cases Phrase: debentures companies act Court: andhra pradesh Page 3 of about 110 results (0.064 seconds)

Oct 21 2003 (HC)

P. Ravinder Vs. National Stock Exchange of India Ltd.

Court : Andhra Pradesh

Reported in : [2004]121CompCas275(AP); (2004)4CompLJ201(AP); [2004]49SCL43(AP)

..... of section 14.14. the learned senior counsel submits that, it is a fact, as contended by the learned counsel for the petitioners, that stock exchange is a company incorporated under the companies act, but it exercises statutory powers and sub-section (3) of section 9 will have to be recognized as power of the stock exchange to cancel the transactions which ..... to frame bye-laws. on the other hand, the learned counsel for the petitioners submitted that, the bye-laws are made in terms of companies act and not under the power available under the securities contracts (regulation) act. we are not able to appreciate this contention for the reason that, if the respondent no. 1 has not the power to regulate ..... investment co. ltd. : [1996]1scr58 . this was a case in which section 45-k(3) of reserve bank of india act (2 of 1934) was sought to be interpreted. peerless was a company under the provisions of indian companies act with name peerless general insurance & investment company ltd. it was carrying the business of life insurance. after the enactment of the life insurance corporation ..... made by the parliament, hereafter referred to as the 1956 act and 1992 act respectively.under the 1956 act, the expression 'securities' is defined under section 2(h)) as follows:'2(h) 'securities' include.--(i) shares, scripts, stocks, bonds, debentures, debenture stock or other marketable securities of a like nature in or of any incorporated company or other body corporate;'the expression 'contract' is defined .....

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May 09 1996 (HC)

Rakesh Gupta and Others, Etc. Vs. Hyderabad Stock Exchange Ltd. and Ot ...

Court : Andhra Pradesh

Reported in : AIR1996AP413; 1996(2)ALT757; [1999]96CompCas645b(AP)

..... illegality or violated any of the rights of the applicants.12. learned counsel for the exchange, however, has urged rather forcefully that the exchange being a body incorporated under the companies act and so being not a state under art. 12 of the constitution of india, is not amenable to the writ jurisdiction of this court. the appellant and the writ ..... exchanges is or are situate, and, on the publication thereof in the gazette of india, the rules so made or amended shall, notwithstanding anything to the contrary contained in the companies act, 1956 (1 of 1956), or in any other law for the time being in force, have effect as if they had been made or amended by the recognised stock ..... act says, which is desirous of being recognised for the purposes of this act may make an application in. the prescribed manner to the central government ..... or dealing in securities.' 'contract' has been defined under the said act to mean -- 'a contract for or relating to the purchase or sale of securities'. 'securities' under section 2(h) included 'shares, scrips, stocks, bonds, debentures, debenture stock or other marketable securities of a like nature in or of any incorporated company or other body corporate'. any stock exchange, section 3 of the .....

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Feb 01 2010 (TRI)

Sterlite Industries Ltd., Rep. by Its Chairman Cum Managing Director a ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... and to pay costs of rs.5000/- . the opposite parties 1 and 2 filed counter stating that they filed a petition in high court of mumbai under section 392 of companies act,1956 for a scheme of arrangements between opp.party no.1 and its equity shareholders for buy back shares and the said scheme was approved and sanctioned by the high ..... respect of the 125 shares. the complainant did not receive interest and warrants on the 625 debentures issued to him against the shares held on certificate no. r26025. the complainant returned the debenture certificates and unencashed warrants and the cheques and requested the opposite party company to process dematerialization. this request was forwarded to m/s.gayatri capital limited. the complainant sent shares ..... at my home when the letter comes ? .. ? this exhibit clearly states that the complainant was aware of the option letter sent by the company but did not take necessary steps about the option letter. the appellants have only acted within the orders of the honble high court of bombay which reads as follows: ??and this court doth further order that on or ..... .1 of the scheme, the petitioner company shall, within 7(seven) days from the date of purchase of the equity shares, without any further application, act or deed by the shareholders (i) pay to the shareholder a cash consideration of rs.100 (rupees one hundred); and (ii)issue and allot to the shareholder 5 (five) debentures on the terms and conditions contained in .....

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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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Jul 28 2015 (HC)

M/S. Mauritiuscommercial Bank Vs. M/S. Sujana Universal Industrieslimi

Court : Andhra Pradesh

..... companies act relates to applications for winding up and, under-sub-section (1)(b) thereof, an application to the court, for the winding up of a company, shall be presented by petition, among others.by any creditor, including any contingent or prospective creditor. section 439(2) stipulates that a secured creditor, the holder of any debentures (including debenture ..... 434(1)(a).to inability to pay the debt. if, on compliance with the conditions stipulated in 434(1)(a) of the companies act, the respondent company still fails to pay the debt without reasonable cause, it must, in law, be deemed to be unable to pay its debts. ..... borrower defaults in repayment of the loan. consequently, the lender is entitled to initiate proceedings under section 433(e) of the companies act if the guarantor-company neglects to repay the said debt. reliance placed by sr.a. sudershan reddy on n. narasimahaiah1; and subhransu sekhar padhi2, ..... money, does not disable them from invoking the jurisdiction of this court under sections 433 and 434 of the companies act; and the learned company judge had, rightly, admitted the company petition. in examining the question, whether the remedy of a civil suit, for recovery of the debt due, ..... money is essentially a suit between the parties where no third party can seek indulgence or impleadment. proceedings for winding up under the companies act are entirely different, a special remedy provided for. the idea is not to restrict the proceedings to the parties alone. its range .....

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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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Sep 03 2004 (HC)

In Re: Global Trust Bank Ltd.

Court : Andhra Pradesh

Reported in : 2004(5)ALD667; 2004(6)ALT390; I(2005)BC239; [2005]127CompCas604(AP); [2005]57SCL164(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 the articles of association. sub-section (1) of section 100 makes it very clear ..... act, 1934 (rbi act), has the power to regulate the affairs and banking operations of gtbl. it has authorized share ..... its strategy adopted to write off the loans.3. gtbl is a public limited company registered under the companies act on 29.10.1993, having its registered office at secunderabad. it is a banking company governed by - in addition to the provisions of the companies act; the provisions of the banking companies regulations act, 1949 (br act) and reserve bank of india established under reserve bank of india ..... edition) and relevant provisions of the act, laid down as under:the share premium account can be applied (i) for paying of bonus shares issued to members as fully paid shares; or (ii) writing off preliminary expenses or expenses of or the commission paid or discount allowed on, any issue of shares or debentures of the company; or (iii) providing for premium .....

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Dec 31 2007 (HC)

Sashi Agro Food (P) Ltd. Vs. Andhra Bank, Ssi Branch and anr.

Court : Andhra Pradesh

Reported in : 2008(2)ALD536; 2008(4)ALT503; IV(2008)BC298

..... is classified as non-performing asset in the hands of the bank/fi. section 13(9) also deals with pari passu charge of the workers under section 529a of the companies act, 1956, apart from banks and financial institutions, who are secured creditors. section 13(10) inter alia states that where the dues of the secured creditor are not fully satisfied by ..... asset is pending by or against the bank or financial institution, save as provided in the third proviso to sub-section (1) of section 15 of the sick industrial companies (special provisions) act, 1985 (1 of 1986), the same shall not abate, or be discontinued or be, in any way, prejudicially affected by reason of the acquisition of financial asset by the ..... , doubtful or loss asset. section 2(r) defines the word 'originator' to mean the owner of a financial asset which is acquired by a reconstruction company or asset management company for the purposes of the npa act. similarly, an obligor is defined under section 2(q) to mean a person who is liable to the originator. a borrower is an obligor whereas a ..... asset management company of any right or interest created in favour of any bank or fi in any loan or advance granted or created in any debentures or bonds subscribed or guarantee given to the bank or fi or rights created in favour of the bank or fi under letters of credit. this shows that the npa act basically deals with a crystallized .....

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Sep 26 2013 (TRI)

Human Rights and Consumer Protection Cell Bmrws (Regd.) Bhel Mig 982 a ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... site is located in three villages, kawadipalli, taramathipeta and balijaguda. 17. as seen from the memorandum of association of the respondent, the respondent is a company incorporated under the provisions of the companies act to deal with works of construction on contract basis. in addition to the aforementioned main object and to attain the main object, the other objects for ..... place and to establish and regulate, agencies for the purpose of the companys business. 10. subject to the banking regulation act, 1949. to draw, make, accept, discount, buy, sell, collect and deal in bills of exchange, hundies; promissory notes, drafts, bills of lading, railway receipts, warrants, debentures, scrips and other instruments and securities. 11. to acquire or undertake ..... business capable of being conducted so as directly or indirectly to benefit the company and to subsidies or assist any such company financially or otherwise by issuing or subscribing for or guaranteeing the subscription and issue of shares debenture stock or other securities of such company. 7. to remunerate by cash or other assets or by the allotment ..... the whole or any part of the business properties and liabilities of any person, firm or company carrying .....

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