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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 … considered various standard texts on the meaning of the word ‘vest, (Paragraphs 14 through 23.)and the decisions of the Supreme Court in The Fruit and … 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

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1996, with effect from 20.09.1995.Under the same Act, Section 22A of the Securities Contracts (Regulations) Act was repealed thus, … and 910 redeemable preference shares. (Late) S. Parvathavardhani Ammal bequeathed under Clause 14 of her Will all her shares in TWEL in favour of her … limited companies. The legislature restricted the appeal only in cases of "transfer of shares" under Section 111A and ruled out that the right of appeal provided under Sub-section (4) of Section 111 is to be read in

Smt. Mridula Singh @ Bulbul and ors. Vs. Brahmdeo Pd. Singh and ors.

Court : Patna

Subject : Civil

Acts : Benami Transaction (Prohibition) Act, 1988 - Sections 3, 3(2), 4 and 4(1); Depositories Act, 1996 - Sections 10(1); Code of Civil Procedure (CPC) , 1908 - Order 7, Rules 9 and 11 - Order 14, Rule 2 and 2(2); Code of Criminal Procedure (CrPC) , 1973

the securities held by a-(i) depository as a 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 … passed in the aforesaid suit by which the learned Subordinate Judge-VI, Patna dismissed their petition under Order VII, Rule 11 of the Code of Civil Procedure (hereinafter referred to as the Code for the sake of brevity) … the issue of maintainability as a preliminary issue is provided under Order XIV, Rule 2 of the Code which reads as follows :Rule 2-Court to

Vishal Tiwari Vs. Union Of India

Court : Supreme Court of India

Subject : MRTP

is empowered to regulate the securities market in India by the SEBI Act 1992, the SCRA and the Depositories Act 1996. SEBI’s powers to regulate the securities market are wide and include delegated legislative, administrative, and adjudicatory powers to … Court observed: “12. …SEBI shall apprise the expert committee (constituted in paragraph 14 of this order) of the action that it has taken in furtherance … b. The petitioner in WP (C) No.201 of 2023 submits that the Adani group is in violation of Rule 19A of the Securities Contracts (Regulation) Rules, 1957 by “surreptitiously controlling more than 75% of the shares of

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) … 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 … suppressing material facts from the Court. However, the respondent by letter dated 14th April, 1997 again forwarded a notarised copy of the fresh succession certificate

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)

Matched in: Advocate Virag Tulzapurkar, ;Chirag Balsara and ;Birendra Saraf, Advs., i/b., Negandhi Shah and Himayatulla Kusum Joshi, Adv., i/b., M and M Legal Venture for defendants Nos. 2, 6 and 7, ;S.H. Doctor, Sr. Adv. and ;Chetan Kapadia and ;Kharade, Advs., i/b., DSK Legal for defendant No. 14, ;Shekhar Shetye and

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, … (Share Capital & Debentures) Rules, 2014 indicates that the shareholder or Page 14 of 43 joint shareholder may nominate one or more persons as nominee

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 … of relief through rectification was directed to the Company Law Board. Sub-section 14 was added to Section 111 of the Act consequent on the amendment … 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

Sebi Vs. Jhaveri Securities Pvt. Ltd.

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

Subject : MRTP

20A of Securities and Exchange Board of India (Depositories and Participants) Regulations, 1996 ( hereinafter referred to as the 1996 Regulations).1.6 SEBI had passed an … ensuing future IPOs, directly or indirectly, till further directions: 3.47 During the meeting held by me with the depositories i.e. NSDL & CDSL on January 18, 2006 subsequent to the issue of interim orders in the case … stated above.2.2 A show cause notice dated July 14, 2006 was issued by the Enquiry Officer to … the real culprit accounts in cornering the IPO allotment and dealing with them effectively in a demonstrative regulatory action.1.3 The investigation conducted by SEBI revealed that subsequent to the allotment of IPO shares of various companies, the … 2006 inter alia stated that it had never violated the statutory provisions, Rules and Regulations etc. JSPL also denied that there was failure on its

Shirish Finance and Investment (P.) Ltd. Vs. M. Sreenivasulu Reddy

Court : Mumbai

Subject : Company

Acts : Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1994 - Regulations 2, 2(1), 2(2), 3, 3(1), 4, 5, 5(1), 6, 9, 9(1), 9(2), 9(3), 10, 10(1), 10(2), 11, 12, 13, 14, 14(1), 15, 16, 16(1), 17, 18, 19, 20, 20(1), 20(2), 20(3), 21, 21(1), 21(2), 21(3), 21(4), 22, 23, 33, 33(2), 34, 36, 37, 37(2) and 39; Companies Act, 1956 - Sections 2, 2(11), 6, 7(1), 9(2), 10, 11, 11(2), 11B, 12, 15H, 15K, 15T(2), 15Y, 15Z, 16(2), 18(5), 20, 20A, 21, 24, 27, 27(3), 28, 30, 32, 38, 87, 108, 111, 111(4), 111(5), 111(7), 111(9), 111(10), 111(12), 111(14), 111A, 111A(2), 111A(3), 111A(5), 155, 155(1), 155(3), 169, 397, 398, 538, 545, 630 and 630(1); Transfer of Property Act, 1882 - Sections 6; Indian Contract Act - Sections 23 and 57; Securities and Exchange

Reported in : 2002(1)BomCR419

Regulations. In any event, in view of Section 111A, which was introduced in the Companies Act by the Depositories Act, 1996 with effect from 20-9-1995, the common law right, if any, stood extinguished by necessary implication. 49.2 Whatever may … for non-disclosure of acquisition of shares and takeovers.--If any person, who is required under this Act or any rules or Regulations made thereunder, fails to,-- (i) disclose the aggregate of his shareholding in the body corporate before … various acquisitions have been detailed in the plaint as under: (a) On 14-12-1993, Airedale Investment & Trading (P.) Ltd., defendant No. 2 company, acting in