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Judgment Search Results Home > Cases Phrase: debentures companies act Sorted by: recent Court: andhra pradesh Page 1 of about 110 results (0.070 seconds)

Dec 10 2015 (HC)

M/s. Deccan Chronicle Holdings Ltd. Vs. ILandFS Trust Co. Ltd. rep. by ...

Court : Andhra Pradesh

..... of the banks/financial institutions, for the financial assistance extended by them in the form of subscription of the debentures issued by the borrower company, in view of section 117-b of the companies act which requires the borrower-company to appoint a debenture trustee before it issues debentures, and to create a security interest in their favour for due repayment of the amount due on redemption ..... the terms and conditions of their issue. the aforesaid provisions of the companies act, 1956 requires the company, which issues debentures, to appoint one or more debenture trustees before it issues debentures. it is because of the mandate of section 117-b of the companies act are debenture trustees required to be appointed to protect the interests of debenture holders, and for creation of security interest in their favour. these ..... of any kind whatsoever upon property created in favour of any secured creditor, and includes any mortgage, charge, hypothecation or assignment. a debenture trust deed was executed between the petitioner company and the 1st respondent, (ilandfs trust company limited, a company incorporated by ilandfs limited under the companies act, 1956). clause 1(h) thereof defines mortgaged properties to mean the immovable and movable properties of the .....

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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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Jan 23 2008 (HC)

Ghanta Infrastructures Ltd., a Company Incorporated Under the Provisio ...

Court : Andhra Pradesh

Reported in : 2008(2)ALT611

..... loan or advance granted or any debentures or bonds subscribed or any guarantees given or letters of credit established or any other credit facility extended by any bank or financial institution.section 2(m) defines 'financial institution' as:(i) unless the context otherwise requires a public financial institution within the meaning of section 4a of the companies act, 1956 (1 of 1956);(ii ..... by such securitisation company or reconstruction company for the securitisation or reconstruction, as the case may be; or(iii) any other trustee holding ..... is created.section 2(1)(zd) of the act defines 'secured creditor' as:unless the context otherwise requires, 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) securitisation company or reconstruction company, whether acting as such or managing a trust set up .....

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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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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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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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Nov 22 2005 (HC)

In Re: Spartek Ceramics India Ltd. Rep. by Its Group Deputy General Ma ...

Court : Andhra Pradesh

Reported in : 2006(1)ALT589; [2007]7SCL548(AP)

..... to certain creditors excluding uti. on that ground the scheme entails rejection. the uti constitutes a different class of secured creditors since it is a debenture holder as per section 117c of the companies act. therefore, the petitioner company cannot hold a single meeting of all the creditors since uti constitutes a different class among the secured creditors. the uti granted earlier a reschedule ..... , however, been not pressed later because of the clear case of the petitioner company.12. point no 1: obviously unlike the other secured creditors uti is a debenture holder. section 117c of the companies act mandates that where a company issues debentures, it shall create a debenture redemption reserve for the redemption of such debentures to which adequate amounts shall be credited from out of its profits every ..... to know whether there are any classes amongst the secured creditors. as discussed hereinabove, merely because section 117c of the companies act mandates a reserve to be created and funds are to be deposited in that reserve for redemption of the debentures, the debentures holder will not constitute as a separate class from among the secured creditors. the debts of the other secured creditors .....

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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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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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