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Messer Holdings Limited,and ors.Vs. Shyam Madanmohan Ruia,and ors.

Court : Mumbai

Subject : civil

Acts : code of civil procedure 1908 - Order 40 Rule 1 ;Securities Contracts (Regulation) Act, 1956 - Section 28, 155; Securities Contracts Act - sub-sections (2), (5), (7), (9), (10) and (12) of Section 111 , 111 A, 22A; Depositories Act, 1996 - Section 111 A

the plain mandate of Section 111A. Besides, Section 111A was introduced in the Companies' Act, 1956 by the Depositories Act, 1996 with effect from 20th September 1995. The plain intendment and meaning of Section 111A must prevail." The Learned … the 2nd Defendant company installed at Mukund Ltd. at Kalwa, Thane Dist. with all powers under Order 40 Rule 1 of CPC 1908. 9 appeal 855.03 gr..sxw(c) That pending the hearing and final disposal of the Suit, … the order passed in Notice of Motion Nos. 3230/2000, 392/2001, 534/2002 and 1231 of 2002.3. Appeal No. 840/2003 is filed by the defendant no.3 against

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

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 … must be in accordance with the provisions of the Depositories Act, Section 12 of the Depositories Act provides for pledge or hypothecation of the security … from defendant No. 1 could not get any title in the shares. There are certain exception to the rules that no person can pass a better title to another than he himself possesses. The law acknowledges cases

Harsha NitIn Kokate Vs. the Saraswat Co­op. Bank Ltd. and ors.

Court : Mumbai

Subject : Company

Acts : Companies Act - Section 109A; ;Depositories Act, 1996 - Section 9.11; ;Insurance Act - Section 39; ;Maharashtra Co­operative Societies Act - Sections 22 and 30; ;Land Acquisition Act; ;Uttar Pradesh Town Improvement Act; ;Acquisition of Certain Area at Ayodhya Act, 1933; ;Bombay Municipal Corporation Act, 1888 - Section 220A; ;Coking Coal Mines (Nationalisation) Act, 1972

Reported in : 2010(112)BomLR2014

That is the effect of vesting the shares in the nominee.5. Mr. Maheshwari drew my attention to the Depositories Act 1996. Section 9.11 thereof relates to transmission of securities in the case of nomination. Section 9.11 runs thus:9.11. TRANSMISSION … whom his securities shall vest in the event of his death in the manner prescribed under the Business Rules from time to time.9.11.2. The securities held in such account shall automatically be transferred in the name of

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 … that even otherwise none of their actions with respect to GDRs can be construed as violating any law, rule or regulation framed by SEBI. It is pointed out that even in India, banks regularly finance applications in … accessing the securities market for 10 years for the violation of Regulations 12A(a)-(c) of the SEBI Act, 1992 read with Regulations 3(c)-(d), and Regulations 4(1),

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 … regards impleadment of Sushila Timblo (proposed respondent no.14) was also given up. 12. The first respondent sought amendment of the petition on the following counts: … 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)

Satyendra Dwivedi Vs. Smt. Hemlata Dwivedi and ors.

Court : Chhattisgarh

Subject : Family

Reported in : AIR2009Chh3

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 depository.Explanation.- The expressions 'depository' and 'Participants shall have the meanings respectively assigned … 2007 by the Additional District Judge, Bilaspur whereby on an application filed by the respondents/defendants under Order 7, Rule 11 of CPC the suit was dismissed as barred under Section 4(1) of the Benami Transactions (Prohibition) Act,

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

In Re: Investigation Into Initial

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

Subject : Service Tax

detail the role of Depositories in monitoring their DPs and their responsibilities in terms of compliances with the Depositories Act, 1996 and SEBI (Depositories and Participants) Regulations, 1996. Before proceeding to the findings of the examination, it may be … the system has to be secure and well governed. All the participants have to be conversant with the rules and regulations as well as with the technology for processing. The intermediaries in this system have to strictly … Jaiswar and address available on bank records, is Kailash Plaza Bldg, No 126, Near Kar Ke Ras Hotel Above ICICI Bank, Ghatkopar (e), Mumbai -

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) … facts narrated above, it can be seen that the deceased passed away 12 years ago. Thus the matter has been considerably delayed. This apart, even … CLB had come to the conclusion that the provisions is vague, it ought not to have applied the rule of literal interpretation. The function of the Court whilst interpreting the statue is to avoid an interpretation which