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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 … of judgment what weight to attach to any particular ‘rule. (Emphasis supplied) 15. Mr. Shah submits that if a mere nomination was to effect a … 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

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 … Board under the amended Section 111A(3) of the Act with effect from 15.1.1997 on the question of rectification of register of shares transfer on the

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, … introduced by the Depositories Related Law Amendment Act, 1997 with effect from 15.01.1997, thereby a remedy is conferred on the shareholder, where the company refuses … 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) … 224 and 889 as also 990 were purchased by registered deeds dated 15.9.1956 and 22.7.1965 by Mostt. Manorama, who was not a member 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 … 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

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 … 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 … concerning pledges, which are a subset of bailments. 3.2 As per Section 151, a bailee is bound to take as much care of the goods

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, … S. 72 of the Companies Act, 2013) of the Companies Act, 1956. 15.2 It is contended that S. 109A & S. 109B (now S. 72

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 … from an article which appeared in the Economic Times, Bombay Edition of 15-6-1997. Moreover, defendant Nos. 1 and 11, viz., Kishore R. Chhabria and Madan

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 … 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 … case of Dayagen P. Ltd. V Rajendra Dorian Punj and Another (2009 151 COM Cases 92 (Delhi). He has taken us through the various decisions

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 … plaintiffs, who are investment companies, vide letter dated 7th February, 2003, pledged 15,00,000 equity shares of defendant no.8 Blue Coast Hotels & Resorts Ltd. (Blue