Judgment Search Results Home > Cases Phrase: securities laws amendment act 2004 chapter iii amendments to the depositories act 1996 Page 3 of about 1,913 results (0.481 seconds)

Union of India (Uoi) Vs. Naveen Jindal and anr.

Court : Supreme Court of India

Reported in : AIR2004SC1559; 2004(5)ALLMR(SC)339; (SCSuppl)2004(3)CHN30; 109(2004)DLT17(SC); 2004(73)DRJ720; JT2004(2)SC1; 2004(1)SCALE677; (2004)2SCC510; 2004(2)LC955(SC)

..... the nation; (ii) the fundamental right to fly national flag is not an absolute right but a qualified one being subject to reasonable restrictions under clause 2 of article 19 of the constitution of india; (iii) the emblems and names (prevention of improper use) act, 1950 and the prevention of insults to national honour act, 1971 regulate the use of the national flag ; (iv) flag cede although is not a law within the meaning of article 13(3)(a) of the constitution of india for the purpose of clause (2) of article 19 thereof, it would not restrictively regulate the free exercise of the right of flying the ..... it is subject to the regulatory provisions contained in clause (2) which reads thus :(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 exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality or in relation to ..... to note the first amendment of the constitution of the united states of america in respect of religion and free expression :'congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for .....

Morgan Securities and Credit Pvt. Ltd. Vs. Modi Rubber Ltd.

Court : Supreme Court of India

Reported in : AIR2007SC683; 2007(2)AWC1683(SC); (2007)2CompLJ401(SC); (2007)146PLR442; 2006(14)SCALE267; 2006(4)SCALE267; [2007]73SCL219(SC); 2007(1)LC13(SC); 2007AIRSCW350; 2006(12)SCC642

..... to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof and no suit for the recovery of money or for the enforcement of any security against the industrial company or of any guarantee in respect of any ..... the 1996 act was enacted to consolidate and amend the law relating to domestic, international and commercial arbitration and enforcement of the arbitral awards. ..... chapter iii of sica provides for references, inquires and schemes. ..... the high court set aside the said order of winding up by an order dated 20.05.2004 and directed to keep the winding up proceedings in abeyance till the disposal of the said appeal under sica. ..... the learned arbitrator made an award on or about 06.05.2004 in favour of the appellant for a sum of rs. ..... the said application was admitted and an order of winding up was passed on 12.03.2004. 3. .....

industrial Corporation Pvt. Ltd. and anr. Vs. the State of Bihar and o ...

Court : Patna

..... after dismissal of the execution case vide first order dated 3.10.1996 the decree-holder mala fide managed to get the said order penned through and recording of the another order of the same date later behind the back of the petitioners without even there being any formal petition either for recall of the first order dated 3.10.1996 or for restoration of the execution case, so that the execution case is transferred to the tribunal under section 31 of the act. ..... learned counsel for the petitioners contended that the records would reveal that transfer of execution case to tribunal itself was bad in law and the entire proceedings before the tribunal and the recovery officer are vitiated for want of jurisdiction which goes to the root of the matter and in the facts and circumstances of the present case the petitioners have rightly availed their remedy before this court under article 226 of the constitution of ..... the said report of the district judge is also placed on record, perusal whereof shows that the present subordinate judge iii inquired into the matter and had taken out the relevant dates from the order sheet of the records of the present execution case after it has been transferred to his court so as to compare with the court diary and its appears that except 28.1.1997 and 16.4.1998 none of other dates are available in the ..... subsequently, the petitioner filed interlocutory application seeking amendment for issuance of a writ of certiorari quashing the order dated 13.1.2004 passed .....

Bharat Sanchar Nigam Ltd. and anr. Vs. Bpl Mobile Cellular Ltd. and or ...

Court : Supreme Court of India

Reported in : 2008(8)SCALE106; 2008AIRSCW6743

..... the said act was enacted to amend the law relating to telegraphs in india.section 7(2)(ee) thereof reads as under:(ee) the charges in respect of any application for providing any telegraph line, appliance or ..... it follows from these excerpts that the english law has no provision parallel to section 8 of the act and as such recourse to english decisions for determining the scope of section 8 may not be very apposite.section 7 and 9 of the indian contract act describe the various modes in which proposal may be accepted and if i may say so, section 8 provides the acceptance of a proposal by conduct as against other modes of acceptance, such as verbal or written communication contemplated by sections 7 ..... or without relay set) per kilometerchargeabledistance per annum perpair.provided that in the case of private wires exceeding five kilometers of chargeable distance, the minimum period of hire shall be 3 years and the security for the service shall be regulated under rule 445 and obtained from the subscriber before the provision of the service.2. ..... swamy's treatise on telephone rules under the chapter telecommunication facilities on rent and guarantee basis, it has been stated:the department is providing certain telecommunication facilities on the basis of a minimum period of ..... (iii) from the minutes dated 2.02.1996, it would appear that the licensees were aware of the existing ..... of 2003, 1 of 2004, 537 of 2004 and 2015 of 2004 involve the question of payment of charges ..... 537 of 2004 and 2015 .....

The Bank of Tokyo-mitsubishi Ltd. (Formerly the Bank of Tokya Ltd. and ...

Court : Karnataka

Reported in : 2008(6)AIRKarR111(DB)

..... act. our view is also fortified by the approvals and sanctions granted by the rbi and roc in the year 1996 and in the year 2004 under the reserve bank: of india act, 1934, banking regulations act, 1949 and companies act, 1956, the approvals and sanctions were granted on the footing that the merger of the bank of tokyo with the bank of mitsubishi ..... the petitioner has also produced an opinion from m/s hadano & partners, a law firm at tokyo, on the effect of meager under japanese laws and the legal opinion is accompanied by relevant extracts of the company law of japan as it existed in the year 2007 when it was amended, but it was pointed out at the bar that the law relating to merger was the same even in the year 1995 when the merger of the two banking companies in the instant case took effect. ..... the hon'ble supreme court, after referring to several precedents, opined that even if there is tax order of a court sanctioning the scheme of amalgamation under sections 391 and 394 of the companies act whereunder the leases, rights of tenancy or occupancy of the transferor company get vested in and become the property of the transferee company, it would make no difference insofar as the applicability of section 14(1)(b) is concerned, as the act does not make any exception in favour of a lessee who may hare adopted each a course of action in order to secure compliance .....

B. Archana Reddy and ors. Vs. State of A.P., Rep. by Its Secretary, La ...

Court : Andhra Pradesh

Reported in : 2005(6)ALD582; 2005(6)ALT364

..... chapter iii of the act with a heading 'functions and powers of ..... is no doubt true that the directive principles of state policy cannot be ignored by all the three organs of the state, but it is now well settled that by reason of being repositories of power to make a legislative power and/or delegated legislation and as depositories of the vast executive powers of the state, it is the executive which is entrusted with the constitutional duty of ensuring ..... dt.21-9-2004 held that the above orders are ultra vires inter alia on the ground that the state government is bound to consult the andhra pradesh backward classes commission before undertaking any revision of the backward classes list and they do not reflect formation of opinion as to adequacy of representation of muslim community in the service of the state and directed the government to reconstitute the andhra pradesh commission for backward classes to examine the matter;and whereas, ..... amendment and fourteenth amendment (amendment v no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of .....

Janhit Manch and Bhagvanji Raiyani Vs. the State of Maharashtra Throug ...

Court : Mumbai

Reported in : 2007(2)ALLMR110; 2007(1)BomCR329

..... can the state abdicate its functions to maintain and preserve the rule of law by amending the town planning laws to legalise encroachments. ..... any further grant of tdr be stopped in the areas: (i) between the tracks of the western railway and the swami vivekanand road;(ii) between the tracks of the western railway and the western express highway;(iii) between the tracks of the central railway (main line) and the lal bahadur shastri road. ..... thereafter act 4 of 1996 was passed and chapter ia was inserted in the slums act. ..... it is apparent from the facts that the second petitioner after having failed to secure the benefits of the tdr now has made this attempt to challenge the same purportedly in public interest and to benefit himself in his capacity as a builder in the western suburbs. ..... the ministry of environment and forests has issued notification dated 27th july, 2004 amending the environmental impact assessment notification dated 27th january, 1994. ..... : (2004)4scc460 , the supreme court was pleased to observe as under:.the writ petition should not have been entertained keeping in view the fact that it was filed about three years after making of the allotment and execution of the deed of sale. ..... meters of land for parks, gardens, playgrounds and recreation grounds has been cleared by applying the tdr provisions in the dcr between 1991 and 2004; (j) no material is placed by the petitioners to establish migration of tdr from the eastern to the western suburbs. .....

Moser Baer India Ltd. Vs. the Additional Commissioner of Income Tax an ...

Court : Delhi

Reported in : (2009)221CTR(Del)97; [2009]316ITR1(Delhi); [2009]176TAXMAN473(Delhi)

..... the amendment, the assessing officer while computing the total income of the assessee, having regard to the alp so determined by the tpo, was required to give a final opportunity to the assessee before computing the assessee's total income.this is clear from the language used in sub-section (4) of section 92ca prior to its amendment by virtue of finance act, 2007, as the determination by the tpo was not binding on the assessing officer.the assessing officer was thus empowered even at the stage of computation of total income to look into issues pertaining to determination of alp by the ..... the procedure adopted was unfair and in complete violation of the principles of natural justice and hence, the impugned decision of tpo was a nullity in the eye of law.4.6 it was thus submitted that it is to obviate such a situation, that an oral hearing is a must both under the scheme of chapter x, as well as, on account of the ..... matter of public policy to prevent not only a perverse decision but also to secure, against a decision which is vitiated by 'well-meaning ignorance or carelessness' ..... the supreme court, after considering the case law, came to the conclusion that the said sub-clause (iii) of clause (b) of regulation 68, was not mandatory and that, even if it was mandatory since it was conceived in the interest of the employee and not in public interest, it could have been waived, even if the regulation used the ..... 1996)iillj296sc 5.5 the learned asg concluded by submitting that in view of the ..... 2004 .....

The State of Karnataka, Rep. by Its Chief Secretary, Government of Kar ...

Court : Karnataka

..... their letter dated 19.11.2011, clarified that in pursuance of the order of the honble supreme court of india dated 06.12.2010, in prakash singhs case, an affidavit was filed by them on 10.01.2011, and in the said affidavit it was submitted that they would abide by the direction of the honble supreme court to be passed in the case, on the basis of the submissions to be made by the central government regarding amendment of the relevant rules and regulation dealing with the cadre management rules in the matter of tenure of dg and igp of the state ..... . the dgp may, however, be relieved of his responsibilities by the state government acting in consultation with the state security commission consequent upon any action taken against him under the all india services (discipline and appeal) rules or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his ..... of 1996) to examine how far the action of the state government in superannuating the previous incumbent from the post of director general of police (dgp), karnataka within less than six months of his appointment to the post was in violation of the courts direction and further how far the action of the state government and the upsc was in violation of the courts direction in proceeding to prepare a fresh panel for appointment to the new vacancy and making appointment of a person selected from the panel prepared by the upsc to fill up the .....

Dinesh Bahadur Singh Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2004(4)AWC2945

..... the procedure of transfer provided in the regulations in chapter iii, made in exercise of powers under section 16g (2) (c), has also undergone a change after the amendments made in regulations 55 to 61, these amendments made by notification dated 9.9.1997 and 22.9.1997, provide for a scheme in which both the committees of management give their assent and that the application is processed by committee set up for that purpose under regulation 59. ..... i do not find any substance in the submission of sri ashok khare that the transfer of principal to the vacancy, which has been forwarded to the board, will defeat the rights of two seniormost teachers for promotion and that there is any need to harmonize the provisions of the act and the rules to confired the the right of promotion under the proviso to section 16, to only teachers 2004 (4) aw in the quota of direct recruitment.17. ..... in case the senior most teacher secures highest marks in interview amongst the 7 candidates then such senior most teachers is declared as duly selected for the concerned institution. ..... the section 16 was amended adding a proviso permitting transfer of a teacher from one institution to another in accordance with regulations made under clause (c) of sub-section (2) of section 16g of the intermediate education act, 1921 and that after such amendment the transfer of a principal is permissible, in law.10. ..... durai kanon, (1996) 6 scc 464, and submits that in writ petition 34450 of 2001 connected with wrir petition no. .....