Judgment Search Results Home > Cases Phrase: depositories act 1996 22 of 1996 chapter v penalty Page 1 of about 104 results (0.094 seconds)

Ptc India Financial Services Ltd. Vs. Mr. Venkateshwarlu Kari

Court : Supreme Court of India

..... 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 has the legal effect of overwriting the provisions relating to the contracts of pledge under the indian contract act, 18722 and the common law as applicable in india. ..... effect of the depositories act, 1996 and the securities and exchange board of india (depositories and participants) regulation, 1996 on the pledge under the contract act, 1872 10.1 as per the 1996 regulations, the pledgor/pawnor is not entitled to sell the pledged/pawned securities. ..... effect of the depositories act, 1996 and the securities and exchange board of india (depositories and participants) regulation, 1996 on the pledge under the contract act, 1872 f. ..... sub- section (2) to section 3885 states that when any obligation arises from a contract, the court shall be guided by the rules and provisions contained in chapter ii.86 section 10,87 as it stood before its substitution by act 18 of 2018, vide clause (ii) of explanation, had stated that until and unless contrary is proved, the court shall presume that the breach of a contract to transfer movable property can be relieved except in cases: (a) where the property is ..... violations of the statute may lead to penalties and even criminal action when permitted and warranted. .....

Dilip Bhargava Vs. Trackpart of India Ltd.

Court : Company Law Board CLB

Reported in : (2005)63SCL544

..... 2 submitted that the petition is non-maintainable as it had not been filed within two months from the date of transfer of debentures held by a depository or from the date on which the instrument of transfer or the intimation of transmission was delivered to the company, as the case may be. ..... february, 2002, inter alia, rejected the application for exemption and directed the matter to be referred for adjudication in terms of section 15h(ii) of the sebi act, which involves determination of penalty for non-disclosure of acquisition of shares and takeover.the learned counsel for petitioners has submitted that the imposition of the penalty is a separate and distinct action and imposition of penalty should not be interpreted to mean total absolution from non-compliance of the takeover regulations. ..... the bonus shares in the ratio of 2:1 declared by respondent-company in the year 1995-96, the dividend at the rate of 20 per cent for the year 1995-96 and at the rate of 10 per cent for the year 1996-97 have not been handed over to the respondent till date in spite of several reminders. ..... 2 approached the sebi seeking exemption from making a public offer in terms of chapter iii of the regulations. .....

Prudential Capital Markets Ltd., Calcutta Vs. State of A.P. and Others

Court : Andhra Pradesh

Reported in : 2000(5)ALD418; 2000(5)ALT468; [2002]108CompCas441(AP)

..... therefore it is correct to assume that when parliament enacted consumer protection act to give effect to uno resolution no.32/248, the parliament is aware of section 45-q of the act giving overriding effect to chapter-iib of the rbi act and if the parliament had thought it fit to exclude the jurisdiction of civil courts and/or forums, the legislation would have indicated the ..... it is further submitted that section 45-qa of the rbi act provides a cheaper and faster remedy to the depositor as compared to the remedy under the consumer act, especially in view of the legal position that the clb established undersection 10-e of the companies act has got sufficient and substantial powers to order penalty and also order imprisonment to the directors of the defaulting ..... the second category of cases are those where the depositor filed a penalty petition before the district forum for implementation of the order in consumer dispute case and where the petitioner did not approach the state commission which is the appellate ..... on the district forum allowing the application, the petitioner herein approached the state commission which dismissed the appeal filed and whereupon depositor approached district forum under section 27(1) of the consumer protection act, 1986 (hereafter called 'the consumer act') by filing penalty petition. ..... , the copy of the order of the clb, dated 27-5-1998 was communicated after the depositor's counsel issued a registered notice informing the filing of the penalty petition. .....

Securities and Exchange Board of India Vs. Crb Capital Market Ltd.

Court : Delhi

..... it clear that although an application for sanction of a scheme could be made under section 391 of the companies act, 1956 even during the pendency of a winding up petition filed by the rbi under section 45mc of the rbi act, the terms of the scheme cannot violate or contravene any of the provisions of law including the provisions of chapter iii-b of the rbi act, and, if the scheme contains any term or condition which is in derogation of any statutory provision, the same ..... it was, therefore, contended that the reliefs and concessions sought by crb capital against sebi were totally inconsistent with the provisions of section 15t and section 20 of sebi act and thus the said provisions would override the scheme propounded by crb capital to the extent it sought the setting aside of the orders suspending and cancelling various registrations etc. ..... attention of crb capital was also drawn to the provisions of section 58b(5) read with section 58c of the rbi act with regard to the liability of penalty in case there was any contravention of the order passed by the rbi.6. ..... crb capital made an application to rbi for registration only on 24.10.1996 and on receipt of the application rbi decided to inspect the company before registration. ..... inspections were carried out between november 13, 1996 and november 18, 1996 with reference to crb capitals financial position as on 31.03.1996. ..... 50 lakhs, did not apply for registration till the year 1996. .....

Reserve Bank of India Vs. Crb Capital Markets Ltd.

Court : Delhi

..... it clear that although an application for sanction of a scheme could be made under section 391 of the companies act, 1956 even during the pendency of a winding up petition filed by the rbi under section 45mc of the rbi act, the terms of the scheme cannot violate or contravene any of the provisions of law including the provisions of chapter iii-b of the rbi act, and, if the scheme contains any term or condition which is in derogation of any statutory provision, the same ..... it was, therefore, contended that the reliefs and concessions sought by crb capital against sebi were totally inconsistent with the provisions of section 15t and section 20 of sebi act and thus the said provisions would override the scheme propounded by crb capital to the extent it sought the setting aside of the orders suspending and cancelling various registrations etc. ..... attention of crb capital was also drawn to the provisions of section 58b(5) read with section 58c of the rbi act with regard to the liability of penalty in case there was any contravention of the order passed by the rbi.6. ..... crb capital made an application to rbi for registration only on 24.10.1996 and on receipt of the application rbi decided to inspect the company before registration. ..... inspections were carried out between november 13, 1996 and november 18, 1996 with reference to crb capitals financial position as on 31.03.1996. ..... 50 lakhs, did not apply for registration till the year 1996. .....

Malanpur Steel Ltd. Vs. Crb Capital Markets Ltd.

Court : Delhi

..... it clear that although an application for sanction of a scheme could be made under section 391 of the companies act, 1956 even during the pendency of a winding up petition filed by the rbi under section 45mc of the rbi act, the terms of the scheme cannot violate or contravene any of the provisions of law including the provisions of chapter iii-b of the rbi act, and, if the scheme contains any term or condition which is in derogation of any statutory provision, the same ..... it was, therefore, contended that the reliefs and concessions sought by crb capital against sebi were totally inconsistent with the provisions of section 15t and section 20 of sebi act and thus the said provisions would override the scheme propounded by crb capital to the extent it sought the setting aside of the orders suspending and cancelling various registrations etc. ..... attention of crb capital was also drawn to the provisions of section 58b(5) read with section 58c of the rbi act with regard to the liability of penalty in case there was any contravention of the order passed by the rbi.6. ..... crb capital made an application to rbi for registration only on 24.10.1996 and on receipt of the application rbi decided to inspect the company before registration. ..... inspections were carried out between november 13, 1996 and november 18, 1996 with reference to crb capitals financial position as on 31.03.1996. ..... 50 lakhs, did not apply for registration till the year 1996. .....

Gujarat Indust.invest.Corpn.Ltd Vs. Crb Capital Markets Ltd.

Court : Delhi

..... it clear that although an application for sanction of a scheme could be made under section 391 of the companies act, 1956 even during the pendency of a winding up petition filed by the rbi under section 45mc of the rbi act, the terms of the scheme cannot violate or contravene any of the provisions of law including the provisions of chapter iii-b of the rbi act, and, if the scheme contains any term or condition which is in derogation of any statutory provision, the same ..... it was, therefore, contended that the reliefs and concessions sought by crb capital against sebi were totally inconsistent with the provisions of section 15t and section 20 of sebi act and thus the said provisions would override the scheme propounded by crb capital to the extent it sought the setting aside of the orders suspending and cancelling various registrations etc. ..... attention of crb capital was also drawn to the provisions of section 58b(5) read with section 58c of the rbi act with regard to the liability of penalty in case there was any contravention of the order passed by the rbi.6. ..... crb capital made an application to rbi for registration only on 24.10.1996 and on receipt of the application rbi decided to inspect the company before registration. ..... inspections were carried out between november 13, 1996 and november 18, 1996 with reference to crb capitals financial position as on 31.03.1996. ..... 50 lakhs, did not apply for registration till the year 1996. .....

Karvy Stock Broking Ltd. Vs. Securities and Exchange Board of India

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

Reported in : (2007)73SCL261SAT

..... of trust deeds, registrars to an issue, merchant bankers, underwriters, portfolio managers, investment advisers and such other intermediaries who may be associated with securities markets in any manner; (ba)registering and regulating the working of the depositories, participants, custodians of securities, foreign institutional investors, credit rating agencies and such other intermediaries as the board may, by notification, specify in this behalf; (c) registering and regulating the working of venture capital funds ..... the debit instruction slips for transfer of securities and that such slackness and deficiencies in procedures and manner of conducting the depository participant operations were not in conformity with the procedures prescribed by the board and the two depositories.on a consideration of the reports received from the two depositories and also the material that it could gather during the course of the investigations, the board found that idfc had ..... thus, clear that the board can order an enquiry either for the purpose of imposing a penalty under chapter via of the act for which an adjudicating officer shall be appointed or it may order an enquiry under the ..... karvy dp and pratik dp shall continue to be governed by the sebi (depositories and participants) regulations, 1996 and other applicable legal provisions in other aspects.8. ..... that ksbl shall continue to be governed by the sebi (depositories and participants) regulations, 1996 and other applicable legal provisions. .....

Parsoli Corporation Limited and Others Vs. Securities and Exchange Boa ...

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

..... as many as 17 entities including parsoli and its promoters pointing out the same illegalities as aforesaid and asking them to show cause why penalty be not imposed on them under section 15ha of the act and section 19h of the depositories act, 1996. ..... under section 15ha of sebi act, 1992 for the violation of regulations 3 (a) to (d), 4(1) and (2) (h) of the sebi (futp) regulations, 2003 and under section 19g of the depositories act, 1996 for the violation of regulation 53a ..... the whole time member confronted parsoli with the fact that there was no record of pledge in the records of the depository, parsoli sought to change its stance and stated that the promoters might have transferred their shares but pleaded ignorance about ..... procedure prescribed under the depositories act and the regulations framed thereunder for pledging shares and when a pledge is created the same is recorded in the records of the depository ..... . another facet of this argument is that the first appellant could be prevented from carrying on its activities as a market intermediary (stock broker or depository participant) only by way of a disciplinary action after following the procedure laid down in securities and exchange board of india (intermediaries) regulations, 2009 (intermediary regulations) whereunder the ..... . proceedings under sections 11 and 11b and also under chapter via of the act were initiated against parsoli and its promoters/directors for the aforesaid wrongdoings and they have been found guilty .....

Pan Asia Advisors International Corporate Finance Minster House and An ...

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

..... . in this connection, it may also be pertinently noted that the sebi act, 1992; the securities contracts (regulations) act, 1956; the depositories act (1996) and the companies act, 1956 give no power to sebi to exercise any jurisdiction in respect of the issuance, trading or conversion of gdrs abroad ..... . turning to the indian context, it may be noted that the expression global depository receipts has been defined in clear terms under the provisions of the gdr scheme 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 ..... . i observe that earlier, sebi had passed an order dated november 13, 2009 imposing monetary penalty for creating false and misleading appearance of trading in alka and his involvement in publication of premature/misleading positive announcements ..... . chapter 6 of the fema deals with penalties in respect of any violation of the provisions of the said act and any, rules, regulations, notifications or directions issued thereunder by the rbi ..... . certain monetary penalties were also imposed on the promoters/directors of the said company ..... . in fact, chapter 5 also provides for the adjudication process to be undertaken by an adjudicating authority ..... . chapter 6 lays down provisions for establishment of a separate directorate of enforcement which has been empowered to undertake investigation and search operations etc. 36 .....