Judgment Search Results Home > Cases Phrase: special court trial of offences relating to trnsactions in securities act 1992 section 7 jurisdiction of special court Page 9 of about 361 results (0.089 seconds)

M.S.D.C. Radha Ramanan Vs. Shree Bhaarathi Cotton Mills

Court : Company Law Board CLB

Reported in : (2006)130CompCas414

..... " the supreme court subsequently while considering the question whether the special court constituted under the special courts (trial of offences relating to transactions in securities) act, 1992 has power to condone the delay in filing a petition under section 4(2) of that act in fairgrowth investments limited v. ..... - [2004] 62 cla 153 on the scope of the limitation act, 1963 in relation to the proceedings under the special courts (trial of offences relating to transactions in securities) act, 1992 the relevant applicable recitals of which are as under: - "30. .. ..... (supra) by holding that the provisions of the limitation act, 1963 have no application in relation to a petition under section 4(2) of the special courts (trial of evidences relating to transactions in securities) act, 1992 in the following words: - 22. ..... the impugned transfer took place on 05.03.1988, in which case the petitioner must have invoked jurisdiction of the high court under section 155 on or before 04.03.1991. ..... as for example, there is no bar of limitation for initiation of a final decree or proceedings to invoke the jurisdiction of the court under section 151 of the code of civil procedure or for correction of accidental slips or omission in judgments, orders or decrees, the reason being, that these powers can be exercised even suo motu by the court and, thus, no question of any limitation arises. .....

Chand Rattan Bagri and Brij Rattan Vs. Reliance Industries Limited,

Court : Company Law Board CLB

Reported in : (2006)66SCL265

..... petitioners accordingly wrote a letter dated 7^th december, 2004 to the office of the custodian, the special court (trial of offences relating to transactions in securities) act, 1992 informing loss of the 10,500 shares of respondent no. ..... of 1997 before the special court (trial of offences relating to transactions in securities) for a declaration that the said shares along with right, bonus and dividend accrued to the said share till the date of final order of the hon'ble court belong to the petitioners and that the said shares do not stand attached under the provisions of the said act.9. ..... reliance industries limited and they are entitled to all accruals including dividend/bonus shares etc.the special court has further no objection for issue of duplicate shares in favour of the petitioners.in view of the above discussion, i direct respondent ..... has filed his written submission and had raised the point of jurisdiction.i have heard the learned counsel for petitioners and the representative for petitioners and the representative of the karvy ..... the petitioners have filed the present petition under section 111 of the companies act, 1956 inter alia praying for necessary directions to the respondent ..... sanjay sharma after searching for the said file immediately lodged a report of the incident under section 155 of criminal procedure code with daryaganj police station.11. ..... the petitioner filed petition under section 111 which was returned with the request to file the same before the western region .....

Pcs Industries Ltd. Vs. Securities and Exchange Board of India

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... by the special court (trial of offences relating to transactions in securities) in a.k ..... rule 4 is that the registrar to an issue or share transfer agent, shall enter into a valid agreement with the body corporate or the person or group of persons for or on whose behalf he is buying or selling or dealing in securities as registrar to an issue or as a transfer agent, defining amongst other things the allocation of duties and responsibilities between him and such body corporate or persons or group of persons as the case may be.failure to comply with the requirements ..... necessary, in terms of section 15b of the securities and exchange board of india act, 1992 ('the sebi act').4. ..... the said legal position units offered by a mutual fund under its scheme are not securities under the said provisions, and hence the services rendered by the appellant with regard to issue/transfer of units of crb mutual fund would fall outside the scope of the 1993 rules, that the respondent has, therefore, no powers, authority or jurisdiction to conduct any enquiry or impose any penalty on the appellant. ..... shri barua submitted that in the pleadings the appellant has not challenged the findings of the adjudicating officer, but only jurisdiction has been questioned and, therefore, the appellant cannot raise the same in the arguments at this stage.in fairness to the parties, it has to be stated that they did not ..... the jurisdictional matter raised by the appellant being a question of law, the appellant is at liberty .....

The Commissioner of Income-tax Vs. Bajrang Dal Mills

Court : Allahabad

Reported in : (2006)202CTR(All)332; [2006]282ITR44(All)

..... it is enough for the purpose of this appeal to hold that section 29(2) of the limitation act, 1963 does not apply to proceedings under section 4(2) of the special courts (trial of offences relating to transactions in securities), act 1992. ..... 254 has considered the question as regards to the applicability of limitation act to the proceedings under the special code (trial and offences relating to transaction in securities) act 1992. ..... we are therefore not called upon to decide whether claims either preferred for the first time before the special court or transferred to the special court under section 9a(2) would attract the provisions of sections 4 to 24 of the limitation act. ..... since the appellant's petition of objection had been filed much beyond the period prescribed under that section, the special court was right in rejecting the petition in limine. ..... as for example, there is no bar of limitation for initiation of a final decree proceedings or to invoke the jurisdiction of the court under section 151 of the code of civil procedure or for correction of accidental slip or omission in judgments, orders or decrees; the reason being that these powers can be exercised even suo motu by the court and, thus, no question of any limitation arises.17. ..... it has no jurisdiction to condone the delay after the expiry of the period provided in the said proviso. .....

Kalpraj Dharamshi Successful Resolution Applicant Vs. Kotak Investment ...

Court : Supreme Court of India

..... one of them was declared a notified person under section 3(2) of the special 35 (2006) 6 scc23984 court (trial of offences relating to transactions in securities) act, 1992 and several civil and criminal cases are pending against him. ..... they had approached delhi high court, which totally lacked territorial jurisdiction and had not approached bombay high court though they were residents of bombay and had been contesting other matters including the proceedings pending before the special court at bombay. ..... (3) notwithstanding anything contained in rule 2 of order xxiii of the code of civil procedure, 1908 (5 of 1908), the provisions of sub section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under rule 1 of that order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature. ..... engaged a group of eminent advocates to present their cause before the delhi and the bombay high courts shows that they have the assistance of legal experts and this seems to be the reason why they invoked the jurisdiction of the delhi high court and not of the bombay high court despite the fact that they are residents of bombay and have been contesting other matters including the proceedings pending before the special court at bombay. .....

Fairgrowth Financial Services Ltd. Vs. Custodian and Anr.

Court : Supreme Court of India

..... is a notified party under section 3(2) of the special courts (trial of offences relating to transactions in securities) act, 1992 (hereinafter referred to as the act ). ..... nos.5788-5789 of 2005 the connected civil appeal nos.5788-5789 of 2005 preferred against earlier orders passed by the special court in connection with the same subject matter shall also stand dismissed. ..... (the landlord) who is present in court today, he has submitted in writing that the respondent no.2 shall not only deposit the balance rs.65 lacs as directed by the impugned order of the special court but also undertakes to deposit a further sum of rs.10 lacs as an additional consideration and also a sum of rs.3,92,000/- which is the rental amount received by the landlord from 2006 ..... by the impugned order dated 21.07.2005 the special court noted that despite public advertisement there was no matching offer and hence it accepted the offer of respondent no.2 the landlord and directed the appellant to file an undertaking within one week to hand over ..... the respondent no.1 filed an application before the special court which was numbered as miscellaneous petition no.17 of ..... under the orders of the special court respondent no.2 has deposited rs.10 lacs with a stipulation that he will not claim any interest over the said deposit and shall deposit the balance amount of rs.65 lacs whenever required to ..... non-reportable in the supreme court of india civil appellate jurisdiction civil appeal no.5471 of2005fairgrowth financial .....

Videocon International and ors. Vs. Securities and Exchange Board of I ...

Court : Mumbai

Reported in : (2008)110BOMLR215; 2008BusLR269(Bom); [2009]151CompCas548(Bom); [2008]82SCL460(Bom)

..... reference was made to section 7 of the special courts (trial of offences relating to transactions in securities) act, 1992 wherein all the pending cases were required to be transferred to the new forum and there is no such provision in the sebi (amendment) act. ..... of any case which has been decided by any court subordinate to such high court and in which no appeal lies thereto, and if such subordinate court appears (a) to have exercised a jurisdiction not vested in it by law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the high court may make such order in the case as it thinks fit:provided that the high court shall not, under this section, vary or reverse any order made, or any ..... to believe that the books, registers, other documents and record of, or relating to, any intermediary or any person associated with securities market in any manner, may be destroyed, mutilated, altered, falsified or secreted, the investigating authority may make an application to the judicial magistrate of the first class having jurisdiction for an order for the seizure of such books, registers, other documents and record.sub-section (9) provides that after considering the application and hearing the investigating .....

Shri Umesh Tukaram Kamble and ors. Vs. Shri Shamrao Sakharam Patil and ...

Court : Mumbai

Reported in : 2008(1)BomCR639; 2008(2)MhLj727

..... service 4 : (2004)11scc456 , the supreme court held that under the special court (trial of offences relating to transactions in securities) act, 1992, once the statutory operation relating to the attachment of the property of a notified person came into being, the duties and functions of the special court commence. ..... the supreme court emphasised that whether sections 4 to 24 of the limitation act, 1963 are applicable is not determined by the terms of those sections but by their applicability or inapplicability to the proceedings under the special or local law:the applicability of these provisions has, therefore, to be judged not from the terms of the limitation act but by the provisions of the act relating to the filing of election petitions and their trial to ascertain whether it is a complete code in itself which does not admit of the application of any ..... result of the election, apply to the civil judge (junior division), and if there be no civil judge (junior division), then to the civil judge (senior division), (hereafter, in each case referred to as 'the judge') having ordinary jurisdiction in the area within which the election has been or should have been held for the determination of such question. ..... the dispute was filed after the lapse of a period of two months and four days; whereas under sub-section (1) of section 15, the validity of an election to a panchayat can be brought in question at any time within 15 days after the date of the declaration of the results of .....

European Investment Ltd. Vs. Triumph International Finance India Ltd. ...

Court : Mumbai

Reported in : 2004(3)ALLMR803; 2004(6)BomCR356; 2004(3)MhLj59

..... it was simultaneously held that it was only income generated by a notified person by dint of his own labour which falls outside the net of section 3(3) and in respect of such income, the attachment under section 3(3) of special court (trial of offences relating to transactions in securities) act, 1992, would not operate.13. ..... the apex court in supreme court bar association's case (supra), while reiterating the views expressed in pushpaben's case (supra), held that 'the contempt of court is a special jurisdiction to be exercised sparingly and with caution whenever an act adversely affects the administration of justice or which tends to impede its course or tends to shake public confidence in the judicial institutions. ..... as regards the 'standard of proof', be it noted that a proceeding under the extra-ordinary jurisdiction of the court in terms of the provisions of the contempt of courts act is quasi-criminal, and as such, the standard of proof required is that of a criminal proceeding and the breach shall have to be established beyond all reasonable doubt.'25. ..... the decree holder, who does not take steps to execute the decree in accordance with the procedure prescribed by law, should not be encouraged to invoke contempt jurisdiction of the court for non-satisfaction of the money decree. ..... this jurisdiction may also be exercised when the act complained of adversely affects the majesty of law or dignity of the courts. .....

Assistant Commissioner, Commercial Tax Vs. Sanskrit Comfort System Pvt ...

Court : Rajasthan

Reported in : (2008)18VST512(Raj)

..... in the case of fairgrowth : (2004)11scc472 , the honourable supreme court was concerned with the question as to whether the special court constituted under the special court (trial of offences relating to transactions in securities) act, 1992, has power to condone the delay in filing the petition under section 4(2) of the said act. ..... in holding that section 29(2) of the limitation act does not apply to such proceedings, the honourable supreme court was pleased to refer to the position that the time-limit for filing the petition for objection under section 4(2) was mandatory and compulsive in the sense that the period prescribed cannot be extended by the court under any inherent jurisdiction ; and then, there had been an express provision for condonation of delay under section 10(3) of the said act and further, there had ..... been overriding provision in section 13 of the said act.16. .....