Court : Mumbai Goa
..... the learned senior counsel submitted that under the depositories act, 1996 (under the new regime), the shares are held in a dematerialised (demat ..... me to the submissions based on the provisions of depositories act, 1996. ..... thirdly, section 10(1) of the depositories act would show that a depository shall be deemed to be a registered owner only for the purposes of effecting transfer of ownership of security on behalf of the ..... beneficial owner decides to opt out in respect of any such security, the issuer has to issue the share certificate/s to the beneficial owner or the transferee as the case may be in physical form, subject to conditions contained in section 14(3) of the depositories act. ..... section 14 of the depositories act gives an option to the beneficial owner to opt out in respect of ..... in the first instance, the submission based on depositories act was not advanced before the clb, which is done for the first time before ..... 15 of 2009, which was directed against an order passed by the company law board, on an application filed by the appellants under section 8 of the arbitration and conciliation act, 1996 and in fact, the present appellant had succeeded in that appeal in terms of the orders passed by this court on december 18, 2009 (dirak dieter ramsauer konstrucktionselemente gmbh v. ..... de sa, the learned counsel waives service for the respondents. 4. ..... learned senior counsel has placed reliance on the decision of the hon'ble supreme court in the case of public service commission vs. .....
Tag this Judgment!Court : Mumbai Goa
..... the learned counsel has, thereafter, pointed out that though the provision of section 41(3) of the companies act has been noted by the learned company law board, the effect thereof based on the list of beneficiaries submitted by the depository has not at all been considered by the learned company law board to come to the conclusion that 43 persons reflected in the list produced by the appellants, were not the members of the company. ..... the impugned order to point out that the learned company law board erroneously non-suited the appellants merely on the basis of the register of members, as maintained by the company, overlooking the fact that in terms of section 41(3) of the companies act, 1956, the list shown with the depository draws a presumption in favour of the appellants. ..... the learned counsel further submits that as the disputed persons are not shown in the register of members maintained by the respondent, nor are established to be the beneficial owners in the records of the depository, the question of drawing any presumption in terms of section 41(3) of the companies act, would not arise. ..... on perusal of the impugned order, i find that merely because the respondents have disputed the correctness of the list of members as reflected in the record of the depository, as it was not in conformity with the list of members maintained by the company, the board chose to non-suit the appellant in an application under section 397 and 398 of the companies act. .....
Tag this Judgment!Court : Mumbai Goa
..... likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulcher, or any place set apart from the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which ..... dated 30/12/2013 and the proceedings filed in the court of judicial magistrate, first class at ponda against the petitioners for offences under section 5 of environment (protection) act, 1986 (the act, for short) read with rules 5 and 6 of bio-medical waste (management and handling) rules, 1998 (the bio-medical waste rules, for short) and sections 199, 269, 297, 336, 447 read with 34 of indian penal code (i.p.c. ..... of rules 4, 5 and 6 of the bio-medical waste rules, and the authorisation dated 01/03/2013 given by gspcb, it is clear that it is the occupier of the institution, who will be responsible for the alleged offence under section 5 of the act read with rules 5 and 6 of the bio-medical waste rules. ..... the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-- (a) the closure, prohibition or regulation of any industry, operation or process; or (b) stoppage or regulation of the supply of electricity or water or any other service. .....
Tag this Judgment!