Judgment Search Results Home > Cases Phrase: securities laws amendment act 2004 chapter iii amendments to the depositories act 1996 Court: punjab and haryana Page 1 of about 26 results (0.190 seconds)

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)

..... the principal act of 1992, was amended through the securities laws (amendment) act, 1995, the amendments inter alia introduced provisions to :'(a) regulate the companies on matters relating to issues of capital, transfer of securities and other matters incidental thereto;(b) bring intermediaries like depositories, custodians for securities and some other categories of persons associated with the securities market like foreign institutional investors, credit rating agencies and venture capital funds which play a major role in the development of the capital market which were outside the purview of the ..... exercise the power to issue directions, orders or writs fur the enforcement of any of the fundamental rights conferred by part iii of the constitution or for any other purpose if the cause of action, wholly or in part, had arisen within the territories in relation to which it exercises jurisdiction, notwithstanding that the seat of the government or authority or the residence of the person against whom the direction, order or writ is issued is not within the said ..... the learned counsel for the petitioners during the course of hearing of the instant ease, on 28-5-2004, unilaterally offered, to pay back all deposits, to the investors enrolled under all schemes except the scheme pertaining to the sale and purchase of agricultural land and/or sale and development of agricultural land, (which alone remained the subject-matter of consideration during the course of deliberations in the ..... 1996 .....

i.P. Vasishth, (Retd. Judge Allahabad High Court) Vs. the State of Har ...

Court : Punjab and Haryana

Reported in : (2005)140PLR70

..... in an act of the legislature of the state assented to by the governor, if shall be void;provided that, for the purposes of the provisions of this constitution relating to the effect of an act of the legislature of a state which is repugnant to an act of parliament or an existing law with respect to a matter enumerated in the concurrent list, an ordinance promulgated under this article in pursuance of instructions from the president shall be deemed to be an act of the legislature of the state which has been reserved for the consideration of the president and ..... amendment) bill, the legislature of the state of haryana amended the 1997 act to the effect that the word 'lokpal' wherever occurs was substituted with the ..... the act ibid allows the state government to withhold the production of any record or document on the grounds of security ..... the allahabad high court (lucknow bench) which was resisted apart from the merits on the ground of territorial jurisdiction and was dismissed on 13.7.2004 for want of jurisdiction with the following observations:-'the writ petition is, therefore, dismissed for want of jurisdiction with liberty to the petitioner to approach the ..... given to the house on 22.11.1996 when it had been stated by him that the bill would allow the lokayukta to take cognizance of any compliant after the creation of the state of ..... iii) section 3 of the act ibid provides for the procedure to be adopted for the appointment of the ..... the heading of that chapter is 'legislative power of the .....

Naresh Kumar Kohli Vs. Commissioner of Income Tax and anr.

Court : Punjab and Haryana

Reported in : (2004)187CTR(P& H)140; [2004]266ITR553(P& H)

..... may be dealt with in the following manner, namely : (i) the amount of any existing liability under this act, the wt act, 1957 (27 of 1957), the expenditure-tax act, 1987 (35 of 1987), the gift-tax act, 1958 (18 of1958) and the interest-tax act, 1974 (45 of 1974), and the amount of liability determined on completion of the assessment under section 153a and the assessment of the year relevant to the previous year in which search is initiated or requisition is made, or the amount of liability determined on completion of the assessment under chapter xiv-b for the block period, as the case may be, (including ..... in the discharge of the liabilities referred to in clause (i) and the assessee shall be discharged of such liability to the extent of the money so applied : (iii) the assets other than money may also be applied for the discharge of any such liability referred to in clause (i) as remains undischarged and for this purpose such assets shall be deemed to be under distraint as if such distraint was effected by the ao or, as the case may be, the tro under authorisation from the chief cit or cit under sub-section (5) of section 226 and the ao or, as the case may be, the ..... however, since the petitioner had very fairly offered to furnish security against the demand pending in the case of his late father, we direct that the jewellery seized from the petitioner's lockers be released to him within seven days of his furnishing security to the extent of rs. .....

Gurpreet Kaur and ors. Vs. Punjab Technical University and ors.

Court : Punjab and Haryana

Reported in : AIR2004P& H222; (2004)138PLR515

..... they referered to the provisions of section 15(1) of the punjab technical university act, 1996 (for short, the act) and argued that being the highest academic body of the university, the decision taken by the academic council in its 10th and 11th meetings held on 13-11-2002 and 22-4-2003 respectively under the chairmanship of the vice-chancellor should be treated as an amendment of, clause (iv) of para 23 of chapter-iv of the regulations and as per amended clause (iv), the petitioners are entitled to avail mercy chance. ..... amit (2002) 5 jt (sc) 196 : (air 2002 sc 2686), the supreme court again considered the nature of the provision relating to award of grace marks and observed :--'it cannot be disputed that the academic standards are laid down by the appropriate authorities which postulate the minimum marks that a candidate has to secure before the candidate can be declared to have passed the examination. ..... observed as under :'we are conscious of the fact that our order setting aside the impugned directions of the high court would cause injustice to these students; but to permit students of an unaffiltated institution to appear at the examination conducted by the board under orders of the court and then to compel the board to issue certificates in favour of those who have undertaken examination would tantamount to subversion of law and this court will not be justified to sustain the orders issued by the high court on misplaced sympathy in favour .....

Winsome Yarns Ltd. Vs. Punjab Wireless Systems Limited (In Liquidation ...

Court : Punjab and Haryana

Reported in : [2006]129CompCas41(P& H); (2005)141PLR689

..... act or any other law for the time being in force, in the winding up of a company-a) workmen's dues; andb) debts due to secured creditors to the extent such debts rank under clause (c) of the proviso to sub-section (1) of section 529 pari passu with such dues.shall be paid in priority to all other debts.2) the debts payable under clause (a) and clause (b) of sub-section (1) shall be paid in full, unless the ..... the effect that the union was irritially not arrayed as respondent in the instant appeal and for this reason the union had to move an application for being impleaded as one of the parties carried no substance in it for the reason that after we had allowed the application of the union for being impleaded as one of the respondents, the appellant had amended the ..... the relevant observations anent to the controversy involved in this case for reference are reproduced as, under:- 'the following circumstances may persuade, the court to lean in favour of the auction purchaser:-(a) participation in the tender proceedings in accordance with the time table notified by the official liquidator; (b) on -time' payment of earnest money and on confirmation vide order dated 10.12.2004, payment of whole amount on 13.12.2004;(c) approval to disburse loan by canara bank to the ..... the sale agreement,iii) the jump of the bid was 50 percent iii ..... the application was given to the appellant which submitted its detailed reply reiterating that there was no occasion to reopen the chapter at that stage as the .....

Haryana Financial Corporation Vs. Presiding Officer, Labour Court-cum- ...

Court : Punjab and Haryana

Reported in : (2005)IILLJ572P& H

..... in 1953, the government of india, in the wake of severe crisis in the textile industries in bombay and the apprehended large scale removal of workmen issued industrial disputes (amendment) ordinance, which was subsequently replaced by the industrial disputes (amendment) act, 1953 (act no. ..... a division bench of that court held that section 2(oo)(bb) is in the nature of an exception to section 2(oo) and has to be construed strictly in favour of the workman as the entire object of the act is to secure a just and fair deal to them. ..... shri pawan kumar mutneja, learned counsel for the corporation reiterated the arguments made before the learned single judge and submitted that the award passed by the industrial tribunal may be declared as vitiated by an error of law and quashed because the learned presiding officer did not record issue wise findings and ordered reinstatement of respondent no. ..... by the said ordinance, section 2(kkk) and, 2(oo) containing the definitions of 'lay-off' and 'retrenchment' respectively and chapter v-a were inserted in the original act. ..... presiding officer, industrial tribunal- cum-labour court, rohtak, 1996-iii-llj- (suppl)-1126 (p&h;) a division bench, of which one of us (g. s. ..... 46 of 1982 include the definition of the term unfair labour practice, chapter vc and the fifth schedule. .....

C.S. Atwal Vs. Commissioner of Income-tax, Ludhiana

Court : Punjab and Haryana

..... 53-a of the transfer of property act, 1882 shall be registered if they have been executed on or after the commencement of the registration and other related laws (amendment) act, 2001 and if such documents are not registered on or after such commencement, they shall have no effect for the purpose of the said section 53-a.' once a person cannot even protect the possession, ..... provided that an unregistered document affecting immovable property and required by this act or the transfer of property act, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the specific relief act, 1877, or as evidence of part performance of a contract for the purposes of section 53a of the transfer of property or as evidence of any collateral transaction not required ..... the agreement; (iii) order dated 20.1.2011 passed by this court staying the execution of the project under the ..... the gist is that the transferee from a co-owner of an undivided property gets nothing more than a right to seek partition, and thereafter, secure possession of the share of property purchased by him, and he cannot claim any exclusive possession, on the basis of such transfer till ..... the tribunal as well as the department have come to the conclusion that the transfer took place during the accounting year ending march 31, 1996 ..... 2004] 8 scc 614 observed as under:- "protection provided under section 53-a of the act to the proposed transferee is a shield only against the .....

S. Sheokand Vs. Oriental Bank of Commerce and ors.

Court : Punjab and Haryana

Reported in : (2004)IIILLJ453P& H; (2004)137PLR372

..... the letter dated 19.12.1996, the regional manager has categorically stated that the acts of the branch in purchasing cheques/drafts involving a very large amount has exposed the ..... as incumbent incharge at b/o narwana (december 1992 to april 1977) had released advances under prime minister rojgar yojna and unauthorised insisted such borrowers to provide collateral securities in the shape of immovable property and guarantee in violation of above scheme. ..... that since the recommendations made by the regional manager were never rejected, the same are deemed to be confirmed, under paragraph 21 of the guidelines contained in vigilance manual and special chapter on vigilance management in public sector banks vis-a-vis the role and function of the cvc. ..... the aforesaid writ petition was disposed of on 28.3.2001 by a division bench of this court with a direction to the reviewing authority to consider and take action in accordance with law on the review petition filed by the petitioner within a period of three months of the receipt of a copy of the order from this court or a certified copy thereof from the ..... 2004, we have passed the following order:-'with the consent of the counsel for the parties, the writ petition is taken up for final disposal.we have heard learned counsel for the ..... the petitioner also seeks the issuance of a writ in the nature of mandamus directing the respondents to promote the petitioner from mmgs-iii to smgs-iv from the date when his juniors were promoted in june 1999 .....

Keshav Kaushik Etc. Etc. Vs. State of Haryana and ors. Etc. Etc.

Court : Punjab and Haryana

..... an act of legislature;(iii) that the conditions of service spelt out in chapter vi of the constitution cannot be altered, modified or substituted either by rule making power or by legislation made in exercise of the powers under article 309 of the constitution;(iv) rules made under article 234 have primacy in the matter of appointment/recruitment, discipline and control of the judicial service and even such rules cannot take away from persons belonging to the judicial service any right of appeal which they may have under the law regulating the conditions ..... also significant to note that by virtue of amendment under section 24 of the advocates act carried out by the state of haryana, the members of the haryana state prosecution legal service group-a or haryana state prosecution legal services group-b are deemed to be the prosecuting officers that means a regular employee of the government engaged for specific purpose. ..... various steps in the process of selection, it is averred that the petitioners as well as the contesting private respondents were all found eligible in the written test having secured more than the prescribed marks and applying the notified short-listing ..... , was enrolled with the bar council on 01.09.1992 and came to be appointed as assistant district attorney-cum-assistant public prosecutor in the state of himachal pradesh with effect from 17.09.1996. ..... johri mal : (2004) 4 supreme court cases 714 it has been observed that a public prosecutor is required to perform .....

Commissioner of Income Tax-i Vs. Vardhman Polytex Limited

Court : Punjab and Haryana

Reported in : (2008)214CTR(P& H)561; [2008]300ITR186(P& H)

..... the assessee further submitted that in fact the position has been made clear by the legislature itself by adding proviso to section 36(1)(iii) of the act which takes care of such a situation and the amendment ..... case (supra), whereby the appeal filed by the revenue on a similar substantial question of law was dismissed in limine, does not lay down good law and the substantial question raised by the revenue in the present appeal deserves to be answered in favour of the revenue and against the assessee by holding that in the facts & circumstances of the case the interest paid by the assessee on the loan raised for acquisition of new assets upto the date of its coming ..... (whether capitalized in the books of account or not) and such amount of interest is for the period beginning from the date on which the capital was borrowed for acquisition of the asset till the date on which such asset was first put to use.this amendment will take effect from ist april, 2004 and will, accordingly, apply in relation to the assessment year 2004-2005 and subsequent years ..... the final cost of construction work is made up of the cost of the machinery, materials, labour, supervision and establishment charges, plus interest on the capital employed which, but for its employment in that way, would be invested in good securities paying a reasonable rate of interest.section 208 of the companies act, 1956 (1 of 1956), deals with the ..... and 43 of the act form part of the same chapter, rather the same sub-part thereof .....