Judgment Search Results Home > Cases Phrase: securities laws amendment act 1999 section 8 insertion of new section 27a Page 1 of about 18 results (0.134 seconds)

Rondeau Vs. Mosinee Paper Corp.

Court : US Supreme Court

..... williams act added 13(d) to the securities exchange act of 1934, which has been further amended to provide in relevant part: "(d)(1) any person who, after acquiring directly or indirectly the beneficial ownership of any equity security of a class which is registered pursuant to section 78 l of this title, or any equity security of an insurance company which would have been required to be so registered except for the exemption contained in section 78 l (g)(2) (g) of this title, or any equity security issued by a closed-end investment company registered under the investment company act of ..... who had filed the disclosure schedule about three months after the statutory filing time, contended that the williams act violation, which he readily conceded, resulted from his lack of familiarity with the securities laws, and that neither respondent nor its shareholders had been harmed. ..... moreover, in the view of the district court, even if a showing of irreparable harm were not required in all cases under the securities laws, petitioner's lack of bad faith and the absence of damage to respondent made this "a particularly inappropriate occasion to fashion equitable relief. . ..... in these instances, he will remain a shareholder in the company, under a new management which he has helped to install without knowing whether it will be good or bad for the ..... footnote 2 ] although some outstanding orders were filled after july 30, 1971, petitioner placed no new orders for respondent's stock after that date. .....

Karnavati Fincap Ltd. and Vs. Securities and Exchange Board of India

Court : Gujarat

Reported in : [1996]87CompCas186(Guj)

..... the persons referred to as 'associated with the securities market' according to learned counsel, refers only to persons enumerated in clause (ba) of sub-section (2) which has been inserted by the securities laws (amendment) act, 1995, [see [1995] 83 comp cas (st.) 25. ..... to buttress this argument, a reference was also made to the object of the bill for amending the securities laws in india. 3. ..... ] sebi (prohibition of fraudulent and unfair trade practices relating to securities markets) regulations, 1995, which have been framed under the powers conferred under section 30 of the sebi act which have come into force after the same were placed before parliament for its approval, have a statutory force. ..... though 'securities market' has not been defined, the definition of 'stock exchange' under section 2(i) of the securities contracts (regulation) act means any body of individuals whether corporated or not, constituted for the purpose of assisting, regulating or controlling the business of buying, selling or dealing in securities. ..... the petitioners have challenged the issuance of summons to them by the securities and exchange board of india (for short 'sebi'), respondent, to appear before the investigating authority under section 11(3) of the sebi act. .....

Amreli District Co-operative Sale and Purchase Union Ltd. and ors. Vs. ...

Court : Gujarat

Reported in : (1984)2GLR1244

..... the proviso which has been inserted reads as under:provided that a committee of a society falling in any of the categories mentioned in sub-section (1) of section 74c shall not be so constituted as to require a certain part or number of its members to periodically retire by rotation and any bye-law of such society containing such provision shall with effect on and from the commencement of section 2 of the gujarat co-operative societies (amendment) act, 1981 ceases to be in force.new section 74a provides for disqualification for being designated officer simultaneously ..... 148 where the validity of section 14-a of the karnataka co-operative societies act, 1959, as amended by act 70 of 1976, providing for compulsory amalgamation of co-operative societies in public interest or in the interest of co-operative movement, or for purposes of securing proper management of any co-operative society was challenged on the ground of want of legislative competence. ..... ground of it being violative of article 19 (1) (c) the grounds on which the registrar can exercise powers are for ensuring economic viability of any or all the societies, or for avoiding overlapping or conflict of jurisdictions of societies in any area, or for securing proper management of any society, or in the interest of the cooperative movement in general and of co-operative credit structure in particular in the state or for any other reason in the public interest. .....

In Re: the Special Courts Bill, 1978

Court : Supreme Court of India

Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476

..... amendment) act, 1975; the conservation of foreign exchange and prevention of smuggling activities (amendment) act, 1975; the maintenance of internal security (amendment) act, 1975; the election laws (amendment) act, 1975; the constitution (thirty-eighth and thirty-ninth amendment) acts, 1975; the maintenance of internal security (amendment) act, 1976; the maintenance of internal security (second amendment) act, 1976; the press counsil (repeal) act, 1976; the prevention of publication of objectionable matter act, 1976; parliamentary proceedings (protection of publication) repeal act, 1976; the constitution (forty-second amendment) act ..... section 57(b)(iii) of the 42nd amendment act, 1976 which came into force on january 3, 1977 that part was omitted from entry 3, list ii and by clause (c) of section 57, it was inserted ..... india and the advocates general of the states requiring them to submit their written briefs before september 4, 1978; (2) notices be published in five newspapers at bombay, new dehli, calcutta, madras and bangalore inviting all persons likely to be affected by the passage of the bill to apply for permission to appear or intervene in the proceedings ..... court of india for consideration and report thereon, namely:question(1) whether the bill or any of the provisions thereof, if enacted, would be constitutionally invalid ?new delhi,dated: 1st day of august, 1978president of indiaannexed to the order of reference is a copy of the bill which runs thus: the special courts .....

P.G.F. Ltd. Vs. Union of India (Uoi)

Court : Punjab and Haryana

Reported in : [2005]124CompCas201(P& H); (2004)4CompLJ288(P& H); [2004]55SCL165(Punj& Har)

..... that the amendment of the principal sebi act through the securities laws (amendment) act, 1999, whereby schemes which carried on activities of sale and purchase of agricultural land and/or development of agricultural land, were brought within the purview of the sebi act, were beyond the legislative competence of the parliament, in conjunction with the aforesaid submissions, learned counsel, advanced an alternative contention, namely, that in case in its ultimate analysis, this court arrives at the conclusion that section 11aa of the sebi act is ..... while determining the issue in hand, the apex court traced out the legislative history of the companies act, commencing from the enactment of the joint stock companies act of 1850, till the addition of section 58a to the companies act, 1956 [inserted through the companies (amendment) act, 1974] ..... as stated earlier, the steering committee finally rejected the offer of nicco and awarded the contract to cimmco at new delhi on 27-1-1993, therefore, broadly speaking, nicco claims that a part of the cause of action arose within the jurisdiction of the calcutta high court because it became aware of the advertisement in calcutta, it submitted its bid or tender ..... 3352 of 1998], directing the companies to strictly comply with the orders of the board dated 24-2-1998 and also injuncting, credit rating and plantation companies, from floating new 'collective investment schemes', so as to raise further funds, without the permission of the delhi high court. .....

Sahara India Real Estate Corporation Limited and Others. Vs. Securitie ...

Court : Supreme Court of India

Reported in : (2013)1SCC1

..... . section 20 of scr act, which was omitted, by securities laws (amendment) act, 1995, with effect from 25.1.1995, stated that all options entered into after the commencement of the act would be ..... saharas also contended that even section 67 speaks only of shares and debentures and does not reflect the change brought about by the definition clause 2(19a) hybrid or by the insertion of the definition of securities in section 2(45aa) as including hybrid even though section 67(3) of the act was amended, by the amendment act 53 of 2000, by which the definitions of securities and hybrid were ..... original companies (second amendment) bill of 1999 [bill no ..... . learned senior counsel pointed out that sub-section (1) of section 73 is qualified by the term intending, which means section 73(1) deals with companies that want to issue new shares or debentures to be listed, and which have declared to the investors that they intend to have those shares or debentures dealt with on the ..... government;(f) allow directors of companies to be appointed as members of the board so that the board benefits from the expertise of people familiar with the capital market;(g) facilitate the issuance and trading of options in securities;(h) allow the existing stock exchanges to establish additional trading floors outside their area of operation;(i) make violation of the listing agreement as an offence.xxx xxxx xxxx.the sebi act was again amended in 1999, but in so far as the present controversy is concerned, .....

Lakhan Singh Vs. Balbir Singh and anr.

Court : Allahabad

Reported in : AIR1953All342

..... it has been contended, however, that the indian constitution as amended by the constitution (first amendment) act, 1951, has altered the situation and the previous law of contempt is no longer in force. ..... 'it will be observed that before the amendment the entire law relating to 3ibel, slander, defamation, contempt of court, decency or morality or any matter which undermines the security of, or tends to overthrow, the state was excluded from the operation of article 19(1)(a). ..... after the amendment the clause reads as follows :'(2) nothing in sub-clause, (a) of clause (1) shall .affect the operation of any existing law, or prevent the state from making any law, in so far as such law imposes reasonable restrictions on the exerciso of the right conferred by the said sub-clause in the interests of the security of the state, friendly relations with foreign states public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. ..... as dilution of liquor was in contravention of the terms of the licence, a case under section 64, excise act, was started on 6-4-1951against the applicant after permission had been obtained for the same from the district magistrate. ..... singh, magistrate, first class, under section 04, excise act. .....

S.E.B.i. Vs. Saikala Associates Ltd.

Court : Supreme Court of India

Reported in : AIR2009SC2540; [2009]150CompCas62(SC); (2009)3GLR2410(SC); JT2009(13)SC652; 2009(6)SCALE541; (2009)7SCC432; [2009]91SCL443(SC); 2009(5)LC2127(SC):2009AIRSCW4436

..... board in accordance with the regulations made under this act:provided that a person buying or selling securities or otherwise dealing with the securities market as a depository, [participant,] custodian of securities, foreign institutional investor or credit rating agency immediately before the commencement of the securities laws (amendment) act, 1995, for which no certificate of registration was required prior to such commencement, may continue to buy or sell securities or otherwise deal with the securities market until such time regulations are made under clause (d) of sub-section (2) of section 30. ..... , unless he obtains a certificate of registration from the board in accordance with the regulations:provided that any person sponsoring or causing to be sponsored, carrying on or causing to be carried on any venture capital funds or collective investment schemes operating in the securities market immediately before the commencement of the securities laws (amendment) act, 1995, for which no certificate of registration was required prior to such commencement, may continue to operate till such time regulations are made under clause (d) of sub-section (2) of section 30. ..... this means that the existing brokers & sub-brokers, in business were allowed to continue pending registration but no new person commencing the business of the broker or sub-broker after 20.08.1992 could do the business pending registration and could commence only after being registered.10. .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... as substituted. section 3 of the amendment act, 1971, introduces a new article 31c, which provides that notwithstanding anything contained in article 79, no law giving effect to the policy of the state towards securing the principles mentioned in article 39(b) or (c) shall be deemed to be void on the ground that it takes away or abridges the rights conferred by articles 14, 19 ..... part iii in general and article 13(2) in particular;(v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and(vi) that the two impugned acts, namely, the punjab security of land tenures act, 1,953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are protected by article 31-a, and the ..... . how would this test be operative vis-a-vis the constitutional amendments made hitherto it seems to me that the amendments made by the constitution (first amendment) act, 1951, in articles 15 and 19, and insertion of article 31a (apart from the question whether there was delegation of the power to amend the constitution, and apart from the question as to abrogation), and the amendment made by the constitution (fourth amendment) act in article 31(2), would be within the amending power of parliament under article 368.329 ..... construe.... it does not appear to us that any special or recondite doctrine of "democratic process" is involved .....

Paramount Bio-tech Industries Ltd. Vs. Union of India (Uoi)

Court : Allahabad

Reported in : [2004]120CompCas18(All); (2004)2CompLJ446(All); [2004]49SCL77(All)

..... securities laws (amendment) act, 1999 defines the collective investment scheme by inserting section 11aa and section ..... alleged that the definition of collective investment schemes as inserted by the securities laws (amendment) act, 1999 is substantially the same as mentioned in the dave committee ..... these regulations are notified, it is hereby brought to the notice of the public that as a result of the provisions of section 12(1b) of the sebi act no person can sponsor or cause to be sponsored any new collective investment scheme and thereafter raise further funds.further, the proviso to section 12(1b) provides that till regulations are notified all collective investment schemes which are operating can continue with their operations till the regulations ..... it is alleged in paragraph 34 of the petition that regulation 69 provides that the existing collective investment management company shall not launch any new scheme or raise money from the investors even under the existing schemes unless a certificate of registration is granted to it by the board ..... been constituted.the provisions of section 12(1b) of the sebi act prohibits collective investment schemes including mutual funds from sponsoring any new scheme till the regulations are notified ..... companies were recycling the funds by returning money from new investors and not from that generated under any of schemes ..... his dissenting judgment in new state ice co. ..... , chartered accountant, new delhi regarding one of the plantation companies by the .....