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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 … state is directed with some policy to effectuate some public benefit or cure, curb a menace. The normal rule of interpretation is every statute or amendment to the statute is prospective prima facie unless it is expressly … or 111A is no different from what prevailed earlier. Applying the Article 137 of the Limitation Act where there is no time limit fixed elsewhere,

ZulkarnaIn MohammedhussaIn Kagalwalla Vs. Mumtaz HussaIn Mohammedhussa ...

Court : Mumbai

Subject : Land Acquisition

is the nominee in the said Demat Account. The estate would vest in the name as per the Depositories Act, 1996 and Depositories Rules. 13. Account of the deceased in Standard Chartered Bank: This account was held as the … admitted shares of the parties in the admitted estate of the deceased under the provision of Order 12 Rule 6(1) of the CPC which runs thus: “6. Judgment on admissions. – (1) Where admissions of fact have

Ptc India Financial Services Ltd. Vs. Mr. Venkateshwarlu Kari

Court : Supreme Court of India

Subject : Land Acquisition

RESPONDENTS JUDGMENT SANJIV KHANNA, J.The primary legal issue which arises for consideration in this appeal is whether the Depositories Act, 1996 read with the Regulation 58 of the Securities and Exchange Board of India (Depositories and Participants) Regulations, 19961 … the shares of NEVPL are unlisted, and there are no open market 13 Hereinafter referred to as ‘Appellate Authority’. Civil Appeal No.5443 of 2019 Page … being at sea the master could not be notified; the true explanation was perhaps that it was a rule of the law merchant, developed in order to facilitate mercantile transactions, whereas the process of pledging goods on

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 … 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

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 … persons, unless the nomination is varied or cancelled in the prescribed manner. 13. The purpose of the Companies Act is to consolidate the law relating … 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

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 … was cited.Our attention was drawn to para. 2 read with para. 19 of the judgment wherein it was ruled that rectification through the Company Law Board as contained in Section 111(4) is not available in respect of

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 … of S. 109A of Companies Act and Bye-law 9.11 framed under the Depositories Act, 1996. The bench accordingly ruled that an incorrect view was taken in Kokate (supra).13. The object of S. 109A(3) of the Companies Act,

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 … Respondent in the other Appeal made submissions. THE ISSUE OF PER INCURIAM 13. We have given careful consideration to the submissions. Though the submissions have … 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

Tendril Financial Services Pvt. Ltd. & Ors vs.namedi Leasing & ...

Court : Delhi

Subject : Intellectual Property

pledgor/s shall pledge the dematerialised securities in favour of the Lender in accordance with the provisions of the Depositories Act, 1996, the regulations made pursuant thereto and the Regulations and Bye-laws of the concerned depository. (viii) Notwithstanding what is … OF DELHI AT NEW DELHI Date of decision:3. d April, 2018 IA No.13721/2006 (of plaintiffs under Order XXXIX Rules 1 &2 CPC), IA No.14158/2006 (of defendant no.7 under order XXXIX Rule 4 CPC) and IA No.291/2007 (of … 4th January, 2004 and 9th January, 2004 filed Execution Petitions No.6/2004 and 13/2004, for execution of the arbitral Award and which along with EFA No.19-21/2006,

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 … Petitioner for the payment of its dues and the matter came to be referred to arbitration under the rules, regulations and bye-laws of the National Stock Exchange. The Petitioner invoked proceedings in arbitration on 28th April, 2001. … under Section 34 of the Act. By a judgment and order dated 13th January, 2003 F.I. Rebello, J., dismissed the Petition filed by the Respondent.