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Finolex Industries Ltd. Vs. Mr. Anil Ramchand Chhabria

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 43-A, 108, 111(2), (4) & (5), 111-A and 114; Depositories Act, 1996 - Sections 28; Indian Limitation Act, 1972; Securities and Exchange Board of India Act, 1992; Sick Industrial Companies (Special Provisions) Act, 1985; Depositories (Related) Laws Amendment Act, 1997

Reported in : 2000(3)BomCR644; (2000)2BOMLR336; [2008]144CompCas738(Bom); 2000(4)MhLj81

proviso has not been given in co-relation to the other provisions of the Companies Act read with the Depositories Act, 1996. By giving this interpretation, the CLB has merely justified its earlier finding that the proviso to section 111A(2) … or forgery. He submits that under sub-section (3) the Applications can only be made by a depository, company, participant, investor or S.E.B.I. Respondent being none of these would have no locus stand to file a petition under … the order impugned in both these appeals viz. Company Appeal Lodg. Nos. 10 and 11 of 1999 is common they are being heard together and

Jry Investments Private Limited Vs. Deccan Leafine Services Ltd. and o ...

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 108; Depositories Act, 1996 - Sections 10 and 12; Contract Act, 1872 - Sections 148 and 172; Securities and Exchange Board of India (Depositories and Participants) Regulations, 1996 - Regulation 58; Securities and Exchange Board of India (Depositories and Participants) Act, 1996 - Sections 58(2)

Reported in : [2004]121CompCas12(Bom); [2004]56SCL339(Bom)

nature of the shares in the demat form, particularly since the procedure prescribed for pledging shares by the Depositories Act, 1996, has not been followed. The submission deserves acceptance.15. It must be remembered that the shares in question are … ETC Network lying to the credit of the demat account of defendants Nos. 1 to 21 and 35, particularly set out in exhibit F to the plaint to the plaintiffs demat account maintained with defendant No. 22,

Jayanand Jayant Salgaonkar and Others Vs. Jayashree Jayant Salgaonkar ...

Court : Mumbai

Subject : Land Acquisition

of the Companies Act, 1956, (Equivalent to Section 72 of the Companies Act, 2013.)and Bye-Law 9.11 under the Depositories Act, 1996, (Incorrectly described in Kokateas Section 9 to the Act.)and found that once a nomination is made, the securities … and 6, represented by Mr. Rajendra Pai, learned Counsel, have specifically urged that these investments do not form part of the Jayant Salgaonkars estate. They each claim to be exclusively entitled in law to ‘succeed to these … 1. A common question of law arises in these two otherwise unrelated cases.

Dinesh Kumar Jhunjhunwala Vs. the Karur Vysya Bank Ltd.

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 41, 41(3), 150, 150(1), 150(2), 150(3), 151, 152, 152A, 163, 163(2) and 163(3); Depositories Act, 1996 - Sections 6(2) and 11

Reported in : (2007)5CompLJ131(Mad); [2007]79SCL227(Mad)

the respondent Bank. It is also stated in the reply that in terms of Section 6(2) of the Depositories Act, 1996, the name of the Depository is entered in the register of members of the Company as registered owners … borne in mind that neither Section 150 makes any reference to the list of beneficial owners as a part of the register of members nor Section 163 envisages the right for inspection as well as copy of … of the Bank.2. Notice of motion was ordered in the appeal on 18.10.2005 and after service of notice, the appeal was listed and on 24.7.2007,

Pushpanjali Tie Up Pvt. Ltd. Vs. Renudevi Choudhary and Others

Court : Mumbai

Subject : Land Acquisition

respondent Nos.1 and 2. Secondly, the pledge was admittedly not created in accordance with the provisions of the Depositories Act, 1996 and in particular, section 12 thereof. We have held that the provisions of section 12 are mandatory and … S.J. Vazifdar, J. 1. Admit. The appeal is, with the consent of the parties, heard finally. 2. This is an appeal against the order of the learned single Judge dismissing the appellant's

Ankit Securities and Finance Co. (P.) Ltd. Vs. Birla Investment Servic ...

Court : Mumbai

Subject : Commercial

Acts : Depositories Act, 1996 - Sections 10; Arbitration and Conciliation Act - Sections 9

Reported in : 2004(5)BomCR436; [2004]122CompCas30(Bom); (2004)4CompLJ385(Bom); [2004]50SCL734(Bom)

context of the present case, it would be instructive to have regard to the relevant provisions of the Depositories Act, 1996. Section 9(1) of the Act provides that all securities held by a depository shall be dematerialised and shall … January, 2000, a Member-Constituent agreement was entered into between the Petitioner and the Respondent. Disputes arose between the parties in relation to the claim of the Petitioner for the payment of its dues and the matter came

Nepc Micon Limited, Vs. Sashi Prakash Khemka and ors.

Court : Chennai

Subject : Company

Acts : Companies Act - Sections 10F, 13A, 14, 43A, 111, 111A, 111A(2), 111A(3) and 155; Indian Stamp Act; Income Tax Act; Securities Contract (Regulatory) Act, 1956 - Sections 22A; Depositories Act, 1996; Company Amendment Act, 1998 - Sections 14; Securities and Exchange Board of India Act, 1992; Sick Industrial Companies (Special Provisions) Act, 1985; ;Haryana Municipal Act, 1973; BIFR Act; Depositories Related Laws (Amendment) Act, 1997; Haryana Municipal (Second Amendment) Act, 1994; Customs Act; Limitation Act - Schedule - Article s 82 and 137; Motor Vehicles Act - Sections 110, 110A, 110F and 111; Depositories Act, 1995;

Reported in : [2007]137CompCas917(Mad); [2007]78SCL442(Mad)

the provisions of the Companies Act taking place prior to the amendment to Section 111A(3) in 1997.2. The Depositories Act, 1996, brought about comprehensive changes in the matter relating to transfer of securities by introducing amendments to various related … Related Laws (Amendment) Act, 1997 with effect from 15.1.97 to provide a remedy of appeal to the aggrieved party to approach the Company Law Board, in cases, where, without sufficient cause a company refused to register the

Shakti Yezdani and Others Vs. Jayanand Jayant Salgaonkar and Others

Court : Mumbai

Subject : Education

to have all the rights in the shares none other can have it. Further section 9.11 of the Depositories Act 1996 makes the nominee's position superior to even a testamentary disposition. The non-obstante Clause in section 9.11.7 gives the … Sub-Section (2) of Section 58 of the Indian Succession Act, 1925 which reads thus: 58. General application of Part. (1) The provisions of this Part shall not apply to testamentary succession to the property of any Muhammadan nor,

S. Kanthimathy, S. Lakshmi, S. Vs. the Woodlands Estates Limited and

Court : Company Law Board CLB

Subject : Land Acquisition

Reported in : (2008)144CompCas830

be invoked by the petitioners, Section 111A, dealing with "Rectification of register on transfer" was ntroduced by the Depositories Act, 1996, with effect from 20.09.1995.Under the same Act, Section 22A of the Securities Contracts (Regulations) Act was repealed thus, … and TRTCL ("the Companies") in favour of his legal heirs, in terms of his Will dated 17.09.1986. The parties, being legal heirs of (late) S.Sivaramakrishna Aiyer are common, the issues involved and reliefs claimed in these company … The first company petition (C.P. No. 10/2005) is filed under Section 111A read with Section 111 of the Companies

Pan Asia Advisors International Corporate Finance Minster House and An ...

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Subject : MRTP

of 1993 and not in the SEBI Act, 1992, or the Securities Contracts (Regulations) Act, 1956, or the Depositories Act (1996), or the existing Companies Act, 1956. Section 2(c) of the said Scheme reads as follows :- “2(c) Global … through GDR subscriptions without their being any genuine raising of capital. Further, the Respondent also states that misleading particulars of initial investors were provided by Appellant no. 1 to Issuer Companies, which forwarded them to the stock