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Anju Timblo, Managing Director of Fomento Resorts and Hotels Ltd. and ...

Court : Mumbai Goa

Subject : Company

cannot be said to be transfer of business as such. The learned Senior Counsel submitted that under the Depositories Act, 1996 (under the new regime), the shares are held in a dematerialised (demat form). It is submitted that, it … that the first respondent filed two applications being CA.No.5/2013, which is an application for amendment, under order VI, rule 17 of C.P.C., read with Regulations 44 and 46 of the Company Law Board Regulations (Regulations, for short)

India Awake for Transparency vs.uoi

Court : Delhi

Subject : Education

shares and payment of dividend or where such shares are pledged or hypothecated under the provisions of the Depositories Act, 1996 W.P.(C) 10589/2017 Page 15 of 24 or shares already been transferred under sub-rule (1) above, the company shall … not encash the dividends for last seven years. The petition describes the scheme of the Rules, framed on 05.07.2016 and submits that they devised an impractical procedure, which the authorities realized and therefore, amended the Rules on

Morgan Securities and Credits P. Vs. State of Delhi and anr.

Court : Delhi

Subject : Land Acquisition

proceedings in an attempt to pressurize petitioners.19. Attention of this Court was also drawn to Section 10 of Depositories Act, 1996 which governs the rights of depositories and the Beneficial Owner. The manner of invocation of the pledge is … be returned on repayment of the ICD. However, both the parties negotiated and settled the matter amicably. On 05.04.04, the BCHRL filed an undertaking not to increase or change the status of its equity shares, the MLL

Anis Ur Rehman vs.mohd. Tahir and Ors

Court : Delhi

Subject : Land Acquisition

(b) the securities held by a- (i) depository as registered owner under sub-section(1) of section 10 of the Depositories Act, 1996 (ii) participant as an agent of a depository. Explanation.-The expressions ―depository‖ and ―Participants shall have the meanings respectively … dated 08.05.2018 by which the trial court has rejected the plaint filed by the appellant/plaintiff under Order VII Rule 11 CPC on account of the suit filed by the plaintiff being barred under The Benami Transactions (Prohibition)

Unity Realty and Developers Ltd., Under the Companies Act, 1956 Vs. Bw ...

Court : Mumbai

Subject : ArbitrationCompany

Acts : Arbitration and Conciliation Act, 1996 - Sections 7 and 9; Companies Act - Sections 83, 108(3), 260 to 262, 284, 319, 330 and 391 to 394; Depository Act, 1996 - Sections 10 and 11

Reported in : 2010(1)BomCR333; 2009(111)BomLR3853

2.26. On 01.06.2009, the petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Act) for various interim injunctions and measures and protections.27. The existence of arbitration clause and … inter se arrangement between them shall be referred to and finally resolved by arbitration in accordance with the Rules of the Singapore International Arbitration Centre held at Mumbai, irrespective of the amount in dispute or whether such

Northern Projects Ltd. Vs. Blue Coast Hotels and Resorts Ltd.

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 2(46), 10F, 41, 41(1), 41(2), 41(3), 81, 85, 86, 86(1), 86(2), 87, 87(1), 87(2), 397, 398, 399, 399(1), 399(3), 399(4) and 407; English Companies Act, 1948 - Sections 210; Securities Contracts (Regulation) Act, 1956 - Sections 2; Depositories Act, 1996; Securities and Exchange Board of India (Substantial Acquisition and Takeover) Regulations, 1977 - Regulation 11; Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 - Regulation 11; Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Act - Sections 11

Reported in : [2009]148CompCas279(Bom); [2008]88SCL74(Bom)

holding shares in the electronic form and thereby a third category was added by the introduction of the Depositories Act, 1996. As rightly pointed out on behalf of the Company Sub-section (3) of Section 41 of the Act specifically … of the Court rather than limit it and in support of this plea he relied on the well-known rule of interpretation that in the case of provisions of a remedial nature, which Sections 397 and 398 undoubtedly

Bharat Overseas Bank Ltd. Vs. Saritha Synthetic and Industries Ltd.

Court : Andhra Pradesh

Subject : CompanyCivil

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 19; Companies Act, 1956 - Sections 433; Indian Contract Act, 1872 - Sections 176; Transfer of Property Act, 1882 - Sections 130; Sale of Goods Act, 1930

Reported in : 2004(4)ALD205; 2004(3)ALT85; IV(2004)BC282; [2004]120CompCas419(AP); (2004)4CompLJ401(AP); [2005]60SCL424(AP)

nor can the petitioner be termed to be a beneficial owner as defined under Section 2(1)(a) of the Depositories Act, 1996. Inasmuch as the respondent had failed and neglected to pay the loan amount and has become insolvent, learned … petition under Sections 433(e) and 439 of the Companies Act, 1956 (for short 'the Companies Act'), read with Rule 95 of the Companies (Court) Rules, 1959, for winding up of the respondent, namely, M/s. Saritha Synthetic and

Preeti & Ors. vs Priya

Court : Delhi

Subject : Land Acquisition

partner, director of a company, a depository or a participant as an agent of a depository under the Depositories Act, 1996 (22 of 1996) and any other person as may be notified by the Central Government for this purpose;(iii)

Smt. Asha JaIn and anr. Vs. Sh. Anil Kumar JaIn A+

Court : Delhi

Subject : Property

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 2, 2(1), 3, 3(3), 4(1), 4(2) and 4(3); ;Depositories Act, 1996 - Section 10(1); ;Code of Civil Procedure (CPC) - Order 12, Rule 6; ;Code of Criminal Procedure (CrPC) , 1973

daughter;(b) the securities held by a(i) depository as registered owner under Sub-section (1) of Section 10 of the Depositories Act, 1996(ii) participant as an agent of a depository.(3) Whoever enters into any benami transaction shall be punishable with … pointing to the averments in the reply to I.A. No. 11139/2009 filed by the plaintiffs (Under Order 12 Rule 6) to say that the consideration for the 50% share was paid in cash. Para 3 of the

Omprakash Dubey Vs. Kapuri Bai and Others

Court : Chhattisgarh

Subject : Land Acquisition

the securities held by a- (i) depository as registered owner under sub-section (1) of section 10 of the Depositories Act, 1996 (ii) participant as an agent of a depository. Explanation.-The expressions "depository" and "Participants shall have the meanings respectively … the plaint by the respondents that it was joint Hindu family property was not permissible under Order 22 Rule 3 of the Code. Learned counsel contended that although in case of death of defendant, legal representatives of