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Mega Resources Limited Vs. Securities and Exchange Board of India

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

Subject : Land Acquisition

of regulation 7(1), that it has to be noted while the 1997 Regulation was notified in 1997, the Depositories Act, 1996 which provide for de-mat trading of shares was already in position. He refuted the Appellant's contention that regulation … from the said order, that the said appeal was admitted on May 16, 2001 and directions were given for filing of Paper Books. The said … Madras AIR 1953 SC 274 wherein the Hon'ble Supreme Court had observed that " it is a settled rule of construction that to ascertain the legislative intent all the constituent parts of a statute are to be

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 the Act. 12. In Maunsell v. Olins 1975 (1) All ER 16, Lord Wilberforce observed, ...I am not, myself, able to solve the problem … 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

G.R. Didwania Vs. A.C. Choksey

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 16, 28 and 34

Reported in : 2002(4)ALLMR187; 2002(4)BomCR793; (2002)2BOMLR716; [2004]120CompCas744(Bom); 2002(2)MhLj604

That judgment was decided under the Arbitration Act of 1940. Under Section 16 of the Arbitration and Conciliation Act, 1996, unlike the Act of 1940, … of the petitioner is concerned, it is pointed out that considering Section 28 of the Arbitration and Conciliation Act, 1996, as also bye-law 226(2), the contracts made on the exchange in all cases are deemed to be made … 226(2), the contracts made on the exchange in all cases are deemed to be made subject to the rules, bye-laws, regulations and usages of the stock exchange. The Tribunal, it is contended has given a finding that

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 … 1 as follows :1,50,000 shares on May 29, 2001;2,50,000 shares on June 16, 2001;11,00,000 shares on June 18, 2001.Totalling to 15,00,000 shares. Of the 15,00,000 … 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

National Securities Depository Ltd. Vs. Securities and Exchange Board ...

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

Subject : Land Acquisition

the Securities and Exchange Board of India Act, 1992 (the Act for short) and Section 19G of the Depositories Act, 1996. CDSL is the appellant in Appeal no. 69 of 2007 and a penalty of Rs.3 crores has been … provisions:- (1) Section 26(2)(p) of the Depositories Act, 1996, (2) Regulation 7, 16(2), 22, 23, 34, 35, 37, 39, and 52 of the Securities and … of 2007 3. In the show cause notice dated November 23, 2006 which was issued to NSDL under Rule 4 of the Securities and Exchange Board of India (Procedure for Holding Enquiry and Imposing Penalty by Adjudicating

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, … provided under S. 109A would not create a third mode of succession. 16.1 The learned counsel submits that the Companies Act has nothing to do

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 … or debenture, until the requirements of the notice have been complied with.] 16. Apart from the provisions of the Companies Act, we are also concerned … 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 … be found in words used by the legislative itself. (AIR 1950 SC 165 - New Piece Goods bazaar co. Ltd. v. CIT). Hence, when the

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 … with the judgments and confirm the same. The appeal is, therefore, dismissed.[para 16] … 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

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.