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In Re: Pearl Polymers Ltd.

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

..... (hereinafter referred to as 'acquirers') of the target company: the acquirers made an application through the chairman and managing director of the target company vide his letter dated 10.2.2005 under regulation 4(2) of the sebi (substantial acquisition of shares and takeover) regulations, 1997 (hereinafter referred to as 'the takeover regulations'), seeking exemption from the compliance of regulation 11 of chapter iii of takeover regulations with respect to the proposed acquisition by issue of 26,76,181 equity shares of the target company ..... 0.133fiis/nris/ 28 232970 1.919 232970 1.434 indian 14131 4358863 35.899 4358863 26.824 total 14191 12141950 100.00 16249655 100.00--------------------------------------------------------------------------------------------- 5.3 in terms of provisions of regulation 11(2) of the takeover regulations an acquirer, who together with persons acting in concert with him has acquired 55% or more but less than 75% of the shares or voting rights in the target company, may acquire any additional share or voting right only if he makes a public announcement to acquire shares ..... o the target company has complied with the guidelines for preferential allotment including pricing as prescribed under chapter xiii of sebi (dip) guidelines, 2000.4.2 the acquirers have requested vide the letter dated 25.03.05 that the target company be exempted from postal ballot for passing of fresh resolution by shareholders on the following grounds - o the target company has .....

The Jt. Commissioner of Income Vs. India Equipment Leasing Ltd.

Court : Income Tax Appellate Tribunal ITAT Chennai

Reported in : (2008)111ITD37(Chennai)

..... despite the [provisions before the promulgation of the reserve bank of india (amendment) ordinance, 1997] contained in chapter iii-c of the reserve bank of india act, the unincorporated bodies circumvented the statutory restrictions by floating different partnership firms as and when a firm reached the level ..... under section 19 read with regulation 34, a scheme providing for financial assistance to the sick industrial company by way of loan, advances, guarantees, reliefs, concessions or sacrifices from the central government, state government, any scheduled or other bank, a public financial institution or state level institution or any institution or other authority shall be sanctioned by the board with the consent of the government, bank, ..... reading of statement of objects and reasons for insertion of chapter iiib relating to nbfcs and section 45ja makes it clear that the legislative intention was for effective supervision and management of the monetary and credit system by the reserve bank ..... of the nbfcs with reserve bank of india (rb), stipulation of minimum net owned funds requirement, creation of reserve fund and transfer of certain percentage of profits every year to the fund and prescription of liquidity requirement. ..... the assessee vide his letter dated 26 february 2000 stated that it was following prudential norms prescribed by the reserve bank of india and based on the guidelines issued by the institute of chartered accountants of india and reserve bank of india they have .....

Nava Bharat Vs. Nagpur Union of Working Journalists and ors.

Court : Mumbai

Reported in : (1991)ILLJ591Bom

..... a direction was also issued by the central government that the said order shall come into operation on the dates specified in paragraph 30 read with paragraph 41 of chapter iii. ..... before we consider the grievance of the petitioner nava bharat in respect of each of the three working journalists, it is necessary to find out to what extent the management has implemented the recommendations of the wage committee, which came into operation on may 29, 1959 and the recommendations of the wage board, which came into force on june 1, 1967. ..... so 1257, dated 25th may, 1959 in terms of the recommendations of the committee contained in chapter iii of its report subject to modifications mentioned in the order itself in exercise of the powers conferred by section 6 of the act (no. ..... ' because it is not possible for the workman to claim higher wages for performing duties of higher category without getting the dispute adjudicated under section 10(1) of the industrial disputes act, the industrial tribunal has every jurisdiction to adjudicate such demands and grant wages from the date the work of higher category was extracted by the employer. ..... originally two references were made by the government of maharashtra under section 10(l)(d) of the industrial disputes act, 1947 read with section 3(1) of the working journalists (conditions of service) and miscellaneous provisions act, 1955 for adjudication of the industrial dispute stipulated therein between nava bharat, a hindi daily, and their workmen. .....

Har Dev Singh Vs. Committee of Management D.B. Santokh Singh Khalsa In ...

Court : Allahabad

Reported in : 2004(3)AWC2770

..... the charges of embezzlement of school fund and other charges were duly proved and the disciplinary action was properly conducted under regulations 34, 35, 36 and 37 of chapter iii of the regulations made under the act. ..... asked some questions to the petitioner but the petitioner refused to answer the said question and thereafter the entire matter was discussed seriously and deeply and after making deep discussion the managing committee passed a resolution of termination of his services of the petitioner and accordingly the termination order was prepared on the same date and it was served upon the petitioner on 3.9.2001, a copy of the resolution has ..... that the regulatory measure of control over the majority institution should be minimal and the conditions of recognition as well as the conditions of affiliation to a university or board have to be complied with, but in the matter of day-to-day management like the appointment of staff, teaching and non-teaching and administrative control over them, the management should have the freedom and there should not be any external controlling agency. ..... in the present case, the suspension order dated 24.9.2000 was not approved within 60 days but the committee of management did not allow petitioner to join and issued repeated orders after expiry of 60 days, ..... instead of reinstating petitioner the manager passed repeated suspension orders dated 26.11.2000, 27.1.2001 and on 22.4.2001 ..... management of the institution suspended petitioner on 24.9.2000. .....

Virji Lalji Patel and Co. Vs. State of Madhya Pradesh Through Secretar ...

Court : Madhya Pradesh

Reported in : AIR1965MP211; 1965MPLJ541

..... . chapter iii deals with village forests and empowers the state government to assign to any village community the rights of government to or over any land which has been constituted a reserved forest and further empowers to make rules for regulating management ..... is said, the petitioner applied for regulation of indent for transporting one wagon of such sawn timber from the madanmahal station of the central railway for new delhi but the goods-clerk in-charge refused to accept the same without a transit-pass in pursuance of the order of the divisional superintendent central railway.the transit pass aforesaid has reference, according to the petitioner, to the pass ordered to be issued under regulation--no. 4660 ..... the impugned clause of the cotton textiles (control of movement) order, 1948, provided that no person shall transport or cause to be transported by rail, road, air, sea or inland navigation any cloth, yarn or apparel except under and in accordance with a general permit notified in the gazette of india by ..... . chapter vi deals with imposition of duty on timber and other forest-produce by the central government whether it is produced within the territories to which the act extends or is ..... riving rise in the present petition are as follows:--the petitioner is the proprietor of a sawmill situated on the nagpur road in jabalpurwhere he carries on business of sawing timberin rafters etc. ..... preservation for maintenance of water supply in springs and for protection of roads, bridges etc .....

Dr. Haniraj L. Chulani Vs. Bar Council of Maharashtra and Goa

Court : Supreme Court of India

Reported in : AIR1996SC1708; 1996(2)ALT31(SC); JT1996(4)SC162; (1996)3SCC342

..... be the recipients of such power and the requirements of the statute itself laying down the conditions for regulating the professional conduct of advocates as discernible from various provisions of the act and the rules framed by a central bar council itself for the guidance of all the state bar councils functioning in the country which are entrusted with the task of regulating the conduct of legal profession throughout the ..... in chapter iii of part vi of the rules dealing with the 'conditions for right to practice', are found rules framed under section 49(1)(ah) of the act which deals with the conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to practise as ..... (ii) any person who is an articled clerk of an attorney;(iii) any person who is an assistant to an advocate or to an attorney who is an advocate;(iv) any person who is in part-time service as a professor, lecturer or teacher-in-law;(v) any person who by virtue of being a member of a joint hindu family has an interest in a joint hindu family business, provided he does not take part in the management thereof; and(vi) any person who is not personally engaged in any business but is a sleeping ..... is a director or chairman of the board of directors of a company with or without any ordinary sitting fees, provided none of his duties are of an executive character and he is not a managing director or a secretary of the said company, or of any other company. .....

Dr Haniraj L. Chulani Vs. Bar Council of Maharashtra and Goa

Court : Supreme Court of India

Reported in : 1996(3)SCALE354; (1996)3SCC342a; [1996]Supp1SCR51

..... full or part time service or employment or is engaged in any trade, business or profession shall not be admitted as an advocate.provided however that this rule shall not apply to:(i) any person who is a law officer of the central government or the government of a state or of any public corporation or body constituted by statute.for the purpose of this clause a 'law officer' shall mean a person who is so designated by the terms of his appointment and ..... in chapter iii of part vi of the rules dealing with the 'conditions for right to practice', are found rules framed under section 49(1)(ah) of the act which deals with 'the conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to ..... (ii) any person who is an articled clerk of an attorney;(iii) any person who is an assistant to an advocate or to an attorney who is an advocate;(iv) any person who is in part-time service as a professor, lecturer or teacher-in-law;(v) any person who by virtue of being a member of a joint hindu family has an interest in a joint hindu family business, provided he does not take part in the management thereof; and (vi) any person who is not personally engaged in any business but is ..... or chairman of the board of directors of a company with or without any ordinary sitting fees, provided none of his duties are of an executive character and he is not a managing director or a secretary of the said company, or of any other company. .....

Kanta Mehta Vs. Union of India and Others

Court : Delhi

Reported in : [1987]62CompCas769(Delhi)

..... conclusions are as follows : (a) i hold that section 45s read with section 58(5a) of chapter iii-c of the reserve bank of india act, as introduced by section 10 of the banking laws (amendment)act, 1983 (central act i of 1984), is not vocative of articles 14 and 19 of the constitution. ..... it should, however, be noticed that the definition of non-banking financial company/institution either under chapter iii-b of the reserve bank of india act or the 1977 directions of reserve bank does not cover persons or firms and as such no direction issued under the above provisions would be applicable to persons like the petitioners who are ..... that the business of accepting of deposits by persons like the petitioner was running smoothly and serving an economic need and there has never been any serious problem with regard to the safety of funds of the depositors or of any disruption of the money market and, thereforee, the impugned legislation is uncalled for, and is an arbitrary interference with the fundamental rights of the petitioner to ..... also mentioned a device, which has been adopted by many of the companies, of starting firms which are under the same group of management in order to attract depositors, as direction of the reserve bank of india relating to non-banking companies limited the deposits which non ..... starts taking in the name of a firm closely identified in the public mind as a private limited company and its management, and avoids the constraint of the reserve bank of india directions. .....

C.V. Raman Vs. the Management of Bank of India, Regional Office, South ...

Court : Chennai

Reported in : (1985)2MLJ439

..... likewise section 29 (2) deals with the fixation of salary of the vice chairman.chapter vi of the act concerns with the business of the state bank of india.under section 35, it is stated thus:state bank may acquire the business of other banks with the sanction of the central government.under section 37, it is stated thus:reserve fund: state bank shall establish a reserve fund consisting of the amount held in the reserve fund of the imperial bank transferred to the state bank and such ..... abdul khuddus : [1969]3scr425 , the following observations are found:we are unable to accept the proposition that the mere fact that the government had control over the managing director and other directors as well as the power of issuing directions relating to the working of the company can lead to the inference that every employee of the company is under the control of the ..... another objection was raised that the work of the respondents herein involved travelling and therefore, chapter iii of the said act, which deals with hours of work, holdings and payment of overtime wages would not apply to ..... this view the number of authorities cited at the bar and all of which equate an instrumentality with the government for the purpose of part iii of the constitution have no application to the facts of this case. ..... of labour : (1960)iillj357mad , it was the clerical department of the industries undertaking, namely, the madras electricity board, which is included under section 2 (12) (iii) of the shops act. .....

Rt. Rev. S. Vasantha Kumar S/O Shri Suputhnappa, Bishop, Karnataka Cen ...

Court : Karnataka

..... and the similar one in respect of boys school and the said bye-laws provide that the control and management of the institution shall be vested with the executive committee of the karnataka central diocese of the church of south india and the institution shall be administered by the board of management under the general policies laid down by the executive committee of the diocese, and in particular, the ..... matter requiring the exercise of discretion and the court normally applies the following tests:(i) whether the plaintiff has a prima facie case; (ii) whether the balance of convenience is in favour of the plaintiff; and(iii) whether the plaintiff would suffer an irreparable injury if his prayer for interlocutory injunction is disallowed.35, therefore, the plaintiff seeking an order of temporary injunction will have to establish a prima facie case in ..... being a minority institution, the institution therefore gets the protection of article 30 of the constitution of india and the kamataka education act, 1983 is not made applicable to the educational institutions recognized by the council of indian school certificate examination like the present institution by virtue of section 1(iii-a) of the said act ..... attention to the constitution and the bye-laws of the kcd which provides under chapter ii(iv)(6) thus:6 ..... the executive committee to transfer the heads of all institutions and therefore the trial court could not have lost sight of the said bye-law which is to be found in chapter ii (iv)(6) .....