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1 - 10 of 11 (0.42 seconds)The Securities and Exchange Board of India Act, 1992
Section 430 in The Companies Act, 2013 [Entire Act]
Section 155 in The Companies Act, 2013 [Entire Act]
The Companies Act, 2013
Section 38 in Indian Companies Act, 1913 [Entire Act]
M/S Ammonia Supplies ... vs M/S Modern Plastic Containers ... on 4 September, 1998
"4. Learned counsel for the appellants has drawn our
attention to the view expressed in Ammonia Supplies
Corporation (P) Ltd. vs. Modern Plastic Containers Pvt. Ltd.
and Others (1998) 7 SCC 105, to canvass the proposition that
while examining the scope of Section 155 (the predecessor to
Section 111), a view was taken that the power was fairly wide,
but in case of a serious dispute as to title, the matter could be
relegated to a civil suit. The submission of the learned counsel
is that the subsequent legal developments to the impugned
order have a direct effect on the present case as the
Companies Act, 2013 has been amended which provides for
the power of rectification of the Register under Section 59 of
the said Act.
The Securities Contracts (Regulation) Act, 1956
Section 59 in The Companies Act, 1956 [Entire Act]
Shashi Prakash Khemka (D) By Lrs. vs Nepc Micon( Now Called Nepc India Ltd.) ... on 8 January, 2019
13. Therefore, in our considered opinion, once the legislature has
created a complete bar of the jurisdiction of the Civil Court by enacting
Section 430 in the Act as per which no civil court shall have the
jurisdiction to entertain any suit or proceedings in respect of any matter
which the Tribunal or Appellate Tribunal is empowered to determine by
or under this Act or any other law for the time being in force and no civil
court has the jurisdiction to grant injunction in respect of any action
taken or to be taken in pursuance of any power conferred by or under the
act or any other law for the time being in force by the Tribunal or
Appellate Tribunal, there is no shred of doubt that the jurisdiction to
decide the rectificatory jurisdiction under Section 59 of the Act shall be
available to be exercised even where there are contested facts and
disputed questions and regard may be had to the decision in the case of
Shashi Prakash Khemka (Supra) as decided by the Hon'ble Supreme
Court while referring to Section 430 of the Act.