Judgment Search Results Home > Cases Phrase: securities laws amendment act 2004 chapter iii amendments to the depositories act 1996 Court: kolkata Page 1 of about 19 results (0.255 seconds)

Jaideep Halwasiya Vs. Rasoi Ltd. and ors. (No. 1)

Court : Kolkata

Reported in : [2009]150CompCas1(Cal)

..... to the provisions of the listing agreements entered into by the company with the stock exchanges where the shares of the company are listed, the securities and exchange board of india act, 1992 (sebi act) including guidelines issued by the securities and exchange board of india (sebi), in particular guidelines for preferential issues as contained in chapter xiii of the securities and exchange board of india (disclosure and investor protection) guidelines, 2000 (the dip guidelines) as issued from time to time and all other applicable rules, regulations, guidelines, statute or laws for the ..... the company relies on the history leading up to the incorporation of the proviso to clause 13.4.1 by an amendment of april 8, 2004. ..... (iv) necessary application be made with the national securities depository ltd. ..... (iii) necessary measures be taken to seek the listing of such new equity shares on all the stock exchanges where the company's shares shall continue to be listed. .....

Peerless General Finance and Investment Co. Ltd. and anr. Vs. Reserve ...

Court : Kolkata

Reported in : [1996]85CompCas808(Cal)

..... own ; (ii) the acquisition of shares, stocks, bonds, debentures or securities issued by a government or local authority or other marketable securities of a like nature ; (iii) letting or delivering of any goods to a hirer under a hire-purchase agreement as defined in clause (c) of section 2 of the hire-purchase act, 1972 (26 of 1972) ; (iv) the carrying on of any class of insurance business ; (v) managing, conducting or supervising as foreman, agent or in any other capacity, of chits or kuries as defined in any law which is for the time being in ..... statutory directions cannot constitute the business or part of the business of an institution, is apparent from the fact that if the said argument is accepted, the construction of the statute, that is, section 45-i(c) of the reserve bank of india act, would be totally dependent on the actions of the reserve bank of india by reason of the fact that if the reserve bank of india, amends the provision regarding investments in future and makes it compulsory for the institutions in question to invest in fixed deposits in nationalised banks, the institution would cease to ..... for the depositor with hire or reward on either side, or one for which the depository receives no consideration beyond the mere possession of the thing deposited ..... the other hand, it has been contended on behalf of the reserve bank that the power of the reserve bank to regulate deposit acceptance activities of non-banking financial institutions under chapter iii-b of the act .....

Chanda Engineers (India) Ltd. and anr. Vs. U.C.O. Bank

Court : Kolkata

Reported in : AIR2005Cal28,[2005]125CompCas708(Cal)

..... when a subordinate court is found to have acted (i) without jurisdiction - by assuming jurisdiction where there exists none, or (ii) in excess of its jurisdiction - by overstepping or crossing the limits of jurisdiction, or (iii) acting in flagrant disregard of law or the rules of procedure or acting in violation of principles of natural justice where ..... types of npas, even in suit filed or decreed accounts, the bank can also enter into compromise settlement in npa accounts, where suit has not been filed.when it is not possible to recover the entire dues from the borrowers either due to non availability of securities having realizable value adequate to recover the debt or its realisability is difficult and/or protracted or likely ..... of constitutional amendment or under the respective statutes are formed and also revisional jurisdictions are curtailed by way of amendment of the code of civil procedure particularly in respect of the interlocutory matters, number of applications under article 227 of the constitution of ..... under the chapter cash recovery and compromise settlement as fotlows :'compromise' means, the bank is agreeable to waive a part of 'principal debt' and/ or unapplied interest and expenses incurred on the account ..... the revisional jurisdiction of the high court to obtain the stay of the suit which was granted but subsequently vacated on 26th february, 1996 by dismissing the ..... the above discussion of the facts and law the division bench judgment, reported in air 2004 .....

Hindusthan National Glass and Industries Limited and anr. Vs. Reserve ...

Court : Kolkata

..... the international airport authority of india (supra): (i) there is control over the management of the corporation by the state; (ii) the corporation enjoys state conferred or state protected monopoly status; and (iii) the functions carried on by the corporation closely relate to the governmental functions inasmuch as (a) that it is under deep rooted, all pervasive and extensive control of the government through the securities exchange board of india under the sebi act of 1992 and scra of 1956; (b) it has a complete monopoly status within ..... law for the time being in force, if any dispute arises amongst, credit information companies, credit institutions, borrowers and clients on matters relating to business of credit information and for which no remedy has been provided under this act, such disputes shall be settled by conciliation or arbitration as provided in the arbitration and conciliation act, 1996 (26 of 1996), as if the parties to the dispute have consented in writing for determination of such dispute by conciliation or arbitration and provisions of that ..... assistance or by way of credit cards or in any other form or manner; (b) who has raised or seeks to raise money by issue of security as defined in clause (h) of section 2 of the securities contracts (regulation) act, 1956 (42 of 1956), or by issue of commercial paper, depository receipt or any other instrument; (c) whose financial standing has been assessed or is proposed to be assessed by a credit institution or any other .....

Prudential Capital Markets Ltd. Vs. Reserve Bank of India

Court : Kolkata

Reported in : II(2004)BC88,(2003)3CALLT333(HC),[2005]123CompCas764(Cal),[2004]55SCL591(Cal)

..... an application for registration to the bank in such form as the bank may specify: provided that a non-banking financial company in existence on the commencement of the reserve bank of india (amendment) act, 1997 shall make an application for registration to the bank before the expiry of six months from such commencement and notwithstanding anything contained in sub-section (1) may continue to carry on the business of a non-banking ..... any condition subject to which the certificate of registration had been issued to it; or (iii) at any time fails to fulfil any of the conditions referred to in clauses (a) to (g) of sub-section (4); or (iv) fails - (a) to comply with any direction issued by the bank under the provisions of this chapter; or (b) to maintain accounts in accordance with the requirements of any law or any direction or order issued by the bank under the provisions of this chapter; or (c) to submit ..... the business of an investment trust company and to underwrite, sub-underwrite, to invest in and acquire and hold, sell, buy or otherwise deal in shares, debentures, debenture-stocks, bonds, units, obligations and securities, issued or guaranteed by indian or foreign governments, state, dominions, sovereigns, municipalities or public authorities or bodies and shares, stocks, debentures, debenture-stocks, bonds, obligations and securities ..... the various provisions of non-banking financial companies acceptance of public deposits (reserve bank) directions, 1998 as on 31st march, 1996 .....

Akshat Commercial Pvt. Ltd. and anr. Vs. Kalpana Chakraborty and ors.

Court : Kolkata

..... the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the companies act, 1956 (1 of 1956), the securities contracts (regulation) act, 1956 (42 of 1956), the securities and exchange board of india act 1992 (15 of 1992), the recovery of debts due to banks and financial institutions act, 1993 (51 of 1993) or any other law for the time being in force.recovery of debts due to banks and financial institutions act ..... the applicant that under section 8 every application pending before the revenue officer after the commencement of section 7 of the west bengal land reforms act, 1972 (amendment act) stood transferred to and was to be disposed of by the munsif having jurisdiction in relation to the area in which the land is situated and on such transfer every such application is to be dealt with from the stage at which it was so transferred and shall be disposed of in accordance with the provisions of the wblra, as amended by the west bengal land reforms (amendment) act ..... any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorised officer under this chapter, may make an application along with such fee, as may be prescribed to the debts recovery tribunal having jurisdiction in the matter within forty-five days from the date on which such measures had been taken:provided that different fees may be prescribed for making the application by the borrower and the person other than the borrower. .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... we further hold that after the constitution forty-fourth amendment act has come into force, the right to property in articles 19(1)(f) and 31 had its obliteration from chapter iii, fundamental rights. ..... the question as to whether any principles is required to be laid down in a statute for determining the amount payable for deprivation of property or taking possession after the insertion of article 300a and deletion of article 31(1) & (2) of the constitution did not arise for the simple reason that the concerned statute, namely the roerich and devika roerich estate (acquisition and transfer) act 1996 provided for the principles to be applied in determining the amount by section 7 and section 8 of the act. ..... several owners of the land/farmers have protested against acquisition against their wishes and have not accepted any compensation and on having realized that there is no scope of generation of employment have been clamoring for return of their land and staging agitation in that area endangering safety and security of the area which unless properly handled urgently, serious law and order problems is likely to develop.5. ..... lalji tandon reported in (2004) 1 scc the supreme court held as follows:-the other two pleas raised on behalf of the appellant state merit a short and summary burial. ..... reported in (2004) 1 scc 712 and specifically pointed out paragraph 16 of the said decision.341. ..... ajit singh);(d) (2004) 1 scc 1 pr 20 (state of u.p. ..... 2004 (1) scc 467 (para 16) (state of u.p. .....

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court : Kolkata

..... we further hold that after the constitution forty-fourth amendment act has come into force, the right to property in articles 19(1)(f) and 31 had its obliteration from chapter iii, fundamental rights. ..... the question as to whether any principles is required to be laid down in a statute for determining the amount payable for deprivation of property or taking possession after the insertion of article 300a and deletion of article 31(1) and (2) of the constitution did not arise for the simple reason that the concerned statute, namely the roerich and devika roerich estate (acquisition and transfer) act 1996 provided for the principles to be applied in determining the amount by section 7 and section 8 of the act. ..... several owners of the land/farmers have protested against acquisition against their wishes and have not accepted any compensation and on having realized that there is no scope of generation of employment have been clamoring for return of their land and staging agitation in that area endangering safety and security of the area which unless properly handled urgently, serious law and order problems is likely to develop. 5. ..... ajit singh); (d) (2004) 1 scc 1 pr 20 (state of u.p. ..... 2004 (1) scc 467 (para 16) (state of u.p. .....

Paschimbanga Bhumijibi Krishak Samiti and ors. Vs. State of West Benga ...

Court : Kolkata

Reported in : (1996)2CALLT183(HC),100CWN900

..... the 1981 amendment act section la was also inserted in terms whereof a declaration has been made by 1981 amendment act to the effect that the said act had been made with a view to giving effect to the policy of the state towards securing principles specified in clauses (b) and (c) of article 39 of the ..... the author of the trust or endowment and such author shall be deemed to be a raiyat under this act to the extent of his share in the said lands, and the share of such author in the said lands shall be taken into account for calculating the area of lands owned and retainable by such author of the trust or endowment, and for determining his ceiling area for the purpose of this chapter.explanation - the expression 'author of trust or endowment' shall include the successors-in-interest of ..... the law has been declared in the following terms:-(1) payment of just compensation or indemnification has been held by the supreme court in bela banerjee's case reported in : [1954]1scr558 is not required,(ii) payment of market value in lieu of acquired property is not sine qua non for acquisition;(iii) acquisition and payment of amount are part of the scheme and they cannot be dissected;(iv) however, fixation of the amount or specification of the principles and the manner in which the amount is to be determined must be relevant to the fixation of the amount;(v) the ..... .' reported in judgment today 1996(2) sc 85, the apex court upon consideration of various decisions including re : cauvery water ..... .....

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... by amendment to the constitution, the learned counsel contends that the right to do business is property as held in saghir ahmad's case and that chapter iva of the act in effect transfers ownership of that business to the corporation, owned or controlled by the state, though not directly but by the dual process of preventing the citizen from doing the business and enabling the corporation to do the same business in his place and that result is effected by a device with a view to avoid payment of compensation for ..... in the decision that notwithstanding the continuance of emergency and the presidential order suspending the enforcement of fundamental rights conferred by articles 14, 21 and 22 the high courts can examine whether an order of detention is in accordance with the provisions of the maintenance of internal security act (hereinafter referred to as the act), which constitute the conditions precedent to the exercise of powers thereunder excepting those provisions of the act which are merely procedural or whether the order was made mala fide or was made on the basis of relevant materials by which ..... as: i) a company within the meaning of section 3 of the companies act other than a government company, it) a society registered under the societies registration act other than a co-operative society referred to in clause (cc) and iii) a co-operative society governed by the law relating to the co-operative societies in ..... the decisions reported in : ( ..... the decision reported in : ( .....