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b.k Educational Services Pvt Ltd Vs. Parag Gupta and Associates

Court : Supreme Court of India

Subject : Land Acquisition

8 Securities Appellate Tribunal under Appellate Tribunal under Securities & Exchange Board of India Act, 1992 Appellate Tribunal Depositories Act, 1996 Appellate Tribunal Securities (Regulation) Act, 1956 Appellate Tribunal under Pension Fund Regulatory and Development Authority Act, 2013 under … debts pending before a High Court, and, where the petition has not been served on the respondent under rule 26 of the Companies (Court) Rules, 1959 shall be transferred to the Bench of the Tribunal established under sub-

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 … Prakash Khemka v.NEPC Micon Ltd. [1997] 90 Comp Cas 228 ; [1997] 26 CLA 316 was cited.Our attention was drawn to para. 2 read with … 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

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 … : 2002 (8) SCALE 388; Kokate, paragraph 23.)Then, in paragraphs 24 to 26 of Kokate, the Court concluded: “24. In the light of these judgments … 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

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

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 … the appellant was charged with violation of the following provisions:- (1) Section 26(2)(p) of the Depositories Act, 1996, (2) Regulation 7, 16(2), 22, 23, 34, … 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

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

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 … applies with full force to the facts of this case. (emphasis added) 26. Sub-section (2) of Section 45ZA of the Banking Regulation Act, 1949 starts … 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

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 … Advanced Law Lexicon by P. Ramanatha Aiyar 3rd Edition 2007 at page 2677 when explains the term Vested Legacy thus:VESTED LEGACY. A legacy the interest

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 … with well settled legal principles enunciated mainly by the Hon'ble Supreme Court. 26. As stated earlier, this Appeal raises an issue regarding the jurisdiction to … 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

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 … clauseImpleadment of FRHL(respondent no.11), Anju Timblo (respondent no.12) and FRPL (respondent no.13) 26. The perusal of the impugned order would show that the amendment/ impleadment … 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)