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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, … respect of one lakh shares held by defendants Nos. 18, 14 and 35 each.3. The plaintiff has filed this suit, inter alia, for a declaration

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

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, … execution of his Will dated 17.09.1986, by substituting the names of respondents 3, 4. 6 & 10 to 1 3 in the place of the … 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

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 … for the Caveatrix, to make their submissions on the question as well. 3. I am not in this judgment deciding the merits of the applications

National Securities Depository Limited Trade World Vs. Securities and ...

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

Subject : Land Acquisition

the Companies in physical form. With the introduction of depository system regulated under the provisions contained in the Depositories Act, 1996, holders of securities who would have otherwise held their securities in the physical form could hold the said … to the general public known as Initial Public Offering (‘IPOs for short). 3. SEBI Act is enacted by the Parliament with a view to promote … their securities in the physical form could hold the said securities in the electronic form through the Depository Participants (‘DPs for short), another class of market intermediaries with whom ‘Beneficial Owner Accounts (‘BO Accounts for short) are

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 … passed in favour of the Petitioner in a total amount of Rs. 38,23,758 together with interest thereon at the rate of 1596 p.a. from 28th

Shakti Yezdani Vs. Jayanand Jayant Salgaonkar

Court : Supreme Court of India

Subject : Land Acquisition

MFs/shares were made as per Section 109A & 109B of Companies Act, 1956 and bye-law 9.11.7 of the Depositories Act, 1996. Section 109A and 109B of the Companies Act, 1956 must be read as a code in themselves, wherein … the holder and another nomination can be made. Such later nomination would be relied upon by the Depository Participant. That would be for conferring of all the rights in the shares to such last nominee.25. A reading … there were certain mutual fund investments (MFs) of the amount of Rs. 3,79,03,207/- in respect of which appellants and Jay Ganesh Nyas Trust (respondent No.9)

Trade Links Ltd. and ors. Vs. Mount Shivalik Breweries Ltd. and

Court : Company Law Board CLB

Subject : MRTP

Reported in : (1999)95CompCas150

issue raised in the application. According to the application the petition is not maintainable in view of the Depositories Act, 1996. This Act which was preceded by the Depositories Ordinance, 1995, promulgated on September 20, 1995, and re-promulgated on … Shivalik Breweries Limited (hereinafter called "MSBL") and six others. Subsequent to the filing of the petition two more parties were also impleaded as it transpired that the shares in question which are the subject-matter of the petition … of 1,10,000 equity shares of Rs. 10 each in MSBL which constituted 33.33 per cent, of the total paid-up capital, the total paid-up capital being

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

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 … wake of the ad interim order of SEBI dated September 21, 2011. 3. Impugned order dated June 20, 2013 restrains the Appellants from accessing the … 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