Judgment Search Results Home > Cases Phrase: securities laws amendment act 2004 chapter iii amendments to the depositories act 1996 Page 9 of about 1,913 results (0.217 seconds)

The Abhyudaya Cooperative Bank Ltd. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2009(4)BomCR232; 2009(4)MhLj929

..... act, the provisions of the arbitration and conciliation act, 1996 (26 of 1996) shall apply to all arbitration under this act as if the proceedings for arbitration were referred for settlement or decision under the provisions of the arbitration and conciliation act, 1996.it was submitted that the petitioner ought therefore to follow the procedure under the arbitration and conciliation act, 1996 ..... the provisions of this act shall apply to:(a) any application for registration of a multi-state cooperative society;(b) any application for registration of amendment of bye-laws of a multi-state cooperative society, pending at the commencement of this act and to the ..... suit or proceeding of the nature referred to in the explanation to that subsection;(b) no magistrate shall, in relation to such area, have or exercise any jurisdiction or powers under chapter ix of the code of criminal procedure, 1973 (2 of 1974);(c) every suit or proceeding of the nature referred to in the explanation to sub-section (1) of section 7 and every proceeding under chapter ix of the code of criminal procedure, 1973 (2 of 1974),:(i) which is pending immediately before the establishment of such family ..... iii) the institution of the suit carries with it the implication that all rights of appeal then in force are preserved to the parties thereto till the rest of the career of the ..... secure the due repayment of the ..... 2004 the petitioner filed recovery proceedings under section 101 of the maharashtra cooperative societies act .....

State of Kerala and ors. Vs. Maharashtra Distilleries Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2005SC2594; JT2005(5)SC427; (2005)11SCC1; [2005]141STC358(SC)

..... the next decision of this court which may be noticed is the decision of the full court in re : the bill to amend section 20 of the sea customs act, 1878 and section 3 of the central excises and salt act, 1944 : 1963 (3) scr 787 in which the law was stated in the following words :-'this will show that the taxable event in the case of duties of excise is the manufacture of goods and the duty is not directly on the goods but on the ..... bond together with the description and the correct plan of the building or rooms to be used as a warehouse in triplicate ;(3) the maximum quantity of each kind of foreign liquor required to be stored in bond at any one time ;(4) the date from which the applicant desires to store foreign liquor in bond ;(5) whether the applicant is prepared to deposit the amount of security fixed by the commissioner of excise as a guarantee for the observance of the provisions of the act and the rules and orders made hereunder;(6) whether the applicant holds a ..... the deputy commissioner of commercial tax issued a notice on 28th september, 1998 for the years 1991-92 to 1995-1996 in exercise of powers under section 35 of the kerala general sales tax act on the ground that the assessments made were prejudicial to the interest of the revenue inasmuch as the assessing authority did not take into account the element of excise duty paid by the fourth respondent, namely the kerala state beverages (manufacturing and marketing) corporation limited and did not levy turnover tax on the .....

The Assistant Commissioner of Income Tax, Chennai. Vs. Australian Food ...

Court : Supreme Court of India

..... the act states-190 (1) notwithstanding that the regular assessment in respect of any income is to be made in a later assessment year, the tax on such income shall be payable by deduction [inserted by the direct tax laws (amendment) act ..... the purpose of aggregation, be taken as the total income or loss computed in accordance with the provisions of chapter iv without giving effect to set off of brought forward losses under chapter vi or unabsorbed depreciation under sub-section (2) of section 32;(b) of a firm, or its partners, the method of computation of undisclosed income and its allocation to the partners shall be in accordance with the method adopted for determining the assessed income or returned income for each of the previous years falling within the ..... from separate judgments of the high court of madras in the appeals preferred by the revenue under section 260a of the income tax act, 1961 (for short the act) rendered in tax case (appeal) nos.238 of 2000 on 8th september 2004; 1371, 1372, 1373 ..... the assessing officer that any undisclosed income belongs to any person, other than the person with respect to whom search was made under section 132 of the act; (ii) the books of accounts or other documents or assets seized or requisitioned had been handed over to the assessing officer having jurisdiction over such other person; and (iii) the ..... the assessing officer, that the assessee filed its return for the said assessment year on 11th july, 1996 under section 158bc of the act ..... securities .....

Kisan Sahkari Chini Mills Ltd. and anr. Vs. Rakesh Chandra Gangwar and ...

Court : Allahabad

Reported in : (2004)3UPLBEC2447

..... . chapter iii of the said act mention who can be a member of a cooperative society and what are his rights and liabilities ..... . while deciding the said case the bombay high court placed reliance on the judgment of shri anandi mukta sadguru (supra) and held that the stock exchange was established to assist, regulate and control dealing in securities and to ensure various dealings and therefore, these were the objects, of public interests and therefore, writ was maintainable; we agree with the view of the kerala high court and we respectfully disagree with that of the bombay high court.44 ..... . by the government of india, the reason being that the government has no control as it is the governing body which can frame, amend and repeal the bye-laws etc ..... district, assistant registrar, co-operative societies, kanpur, 1996 (1) esc 32, this court held that since the conditions of service of the employees, are not governed by any statutory rule or regulation, the co-operative society is not an authority within the meaning of article 12 of the 'constitution nor is it an instrumentality of the state nor does it exercise any statutory power or discharge statutory power or statutory/public duties, hence the writ petition was not maintainable against the cd-operative society.10. ..... , (2004) 1 uplbec 7, held that the kisan sahkari chini mills limited, sultanpur was not state under article 12 of the constitution. ..... . karmchari sangh, (2004) 4 scc 268 ..... stock exchange association ltd, 2004 alj 365:8. .....

Dipak Chandra Ruhidas Vs. Chandan Kumar Sarkar

Court : Supreme Court of India

Reported in : AIR2003SC3701; JT2003(7)SC99; (2004)1MLJ23(SC); 2003(6)SCALE157; (2003)7SCC66

..... chapter iii occurring in part vi of the act deals with trial of election petitions. ..... (5) the high court may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition. ..... (4) any candidate not already a respondent shall, upon application made by him to the high court within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the high court, be entitled to be joined as a respondent.explanation. ..... referring to various case laws and treatises on interpretation of statutes, it was held:'thus, from a conspectus of the authorities referred to above, it is manifest that the object of an explanation to a statutory provision is -(a) to explain the meaning and intendment of the act itself,(b) where there is any obscurity or vagueness in the main enactment, to clarify the same as to make it consistent with the dominant object which it seems to subserve. ..... : [1996]1scr895 .'13. .....

G.Pandi. Vs. the Commissioner, and ors.

Court : Chennai

..... the respondent-state would submit that as the government has the power to alter, amend or change the use of the land under the provisions of the tamil nadu town and country planning act, the government order directing the change in the use of the land is well within such power and cannot be questioned by the ..... the park within the time stipulated above, the corporation, as a custodian of public interest, shall develop the area as a park with the cooperation of respondents 1 to 3, with whom the title and possession would continue to remain;(iii) the corporation shall not collect any property tax;(iv)the corporation shall give access to the general public including the residents of the locality; and(v) the corporation is at liberty to collect necessary funds from the plot owners, who purchased the plots in the ..... by which the land is allocated to secure the rational and orderly development of land in an environmentally sound manner to ensure the creation of ..... the provisions of section 20(1)(k), 20(2)(e) and (f), which provides for allotment or reservation of land for public purpose of all kinds, that every detailed development plan has to contain the development of lands either acquired or to be acquired for matters mentioned in sub-section(1) as well as under section 47 of the tamil nadu town and country planning act, the provisions of chapter iv relating to acquisition and disposal of land has to be seen as having reference to those lands reserved for acquisition as provided under the .....

M. Sreenivasulu Reddy and ors. Vs. Kishore R. Chhabria and ors.

Court : Mumbai

Reported in : [2002]109CompCas18(Bom)

..... the following ; '(3) the company law board may, on an application made by a depository company, participant or investor or the securities and exchange board of india, if the transfer of shares or debentures is in contravention of any of the provisions, of the securities and exchange board of india act, 1992 (15 of 1992), or regulations made thereunder or the sick industrial companies(special provisions) act, 1985 (1 of 1986), or any other law for the time being in force, within two months from the date of transfer of any shares or debentures held by a depository or from the date on which the instrument of transfer or the intimation of the transmission was delivered to the ..... by the depositories related laws (amendment) ordinance ..... on january 17, 1986, the securities contracts (regulation) (amendment) act, 1985 (40 of 1985) came into force which inserted new section 22a to emphasise free transferability and registration of shares and making provision with respect to the circumstances wherein transfer of shares may ..... relevant to note that they wrote a letter on august 19, 1996, to the sebi as per the draft of herbertson requesting an exemption under regulation 4 of chapter iii of the takeover regulations. ..... for the removal of doubts, it is hereby provided that nothing in this section shall apply in relation to any securities the instrument of transfer in respect whereof has been lodged with the company before the commencement of the securities contracts (regulation) amendment act, 1985 .....

Reserve Bank of India Vs. Appellate Authority for Nbfc Registration Ca ...

Court : Delhi

Reported in : IV(2005)BC435; [2006]130CompCas304(Delhi); (2006)2CompLJ235(Del)

..... despite the provisions before the promulgation of the reserve bank of india (amendment) ordinance, 1997 contained in chapter iii-c of the reserve bank of india act, the unincorporated bodies circumvented the statutory restrictions by floating different partnership firms as and when a firm reached the level of 250 depositors. ..... whereas earlier the only recourse available to the depositors was to approach to court of law for redressal of grievances, powers have been vested with the company law board for directing the defaulting nbfcs to make repayment of the depositors/interest with a view to protect the interest of the depositors.5. ..... the joint parliamentary committee which enquired into the irregularities in securities and banking transactions had recommended that the government should examine whether the legislative framework for regulating nbfcs is sufficiently wide. ..... rbi, thereforee, rejected the company's application for certificate of registration.the mumbai high court order dated 12th march, 2004, the company and its day to day management has been handed over to a special committee presided over by a retired justice of the high court. ..... the appellate authority has taken into consideration the orders passed by the mumbai high court on 12.3.2004 avowedly, these were in winding-up proceedings. ..... in the impugned order the appellate authority comprising two members had briefly analysed and narrated the assailed order dated 13.1.2004 passed by ms. .....

income-tax Officer Vs. Dinesh K. Shah and ors.

Court : Chennai

Reported in : [1997]223ITR68(Mad)

..... prior to its substitution, section 276b as inserted by the finance act, 1968, with effect from april 1, 1968, and later on substituted by the taxation laws (amendment) act, 1975, with effect from october 1, 1975, and amended by the taxation laws (amendment and miscellaneous provisions) act, 1986, with effect from september 10, 1986, stood as under ;'276b. ..... it is also held that if the contravention is by a company, the persons who may be held guilty and punished are ; (i) the company itself; (ii) every person who, at the time the contravention was committed was in charge of, and was responsible to, the company for the conduct of the business of the company (in short, the person in charge) ; and (iii) any director, manager, secretary or other officer of the company with whose consent or connivance or acts of neglect attributable to whom the offence had been committed, i.e. ..... as already seen, section 276b of the act provides that if a person fails to pay to the credit of the central government, the tax deducted at source by him as required by the provisions of chapter xvii-b, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine. ..... section 194a of the act deals with interest other than interest on securities. .....

Chatterjee Petrochem (i) Pvt. Ltd. Vs. Haldia Petrochemicals Ltd. and ...

Court : Supreme Court of India

..... nariman had made certain submissions with regard to the agreement of 8th march, 2002, read with the requirements of the depositories act, 1996, sebi (depositories and participants) regulations, 1996 and the bye-laws and business rules/operating instructions issued by the depositories, we shall, if need be, refer to the same at a later stage of the proceedings. 35. mr. ..... sections 397, 398, 399, 402, 403 and 406 of the companies act, 1956, inter alia, for the following reliefs :- a) an order be passed directing the company to take immediate steps for modifying and/or altering and/or amending the articles of association of the company to incorporate therein the complete agreement by and between the joint venture partners and special rights of the petitioner in relation to the company, as provided in the agreements dated 20th august, 1994, 12th january, 2002, 8th march 2002 and 30th july, 2004. ..... radharamanan's case (supra), along with the decision in allianz securities ltd. v. ..... [(2006) 7 scc 613]; (iii) m.s.d.c. .....