Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2005 preamble 1 taxation laws amendment act 2005 Court: sebi securities and exchange board of india or securities appellate tribunal sat Page 1 of about 35 results (0.549 seconds)

Reliance Infocomm Limited Vs. Union of India (Uoi) (Dot)

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

..... ors. - (1972) 2 scc 36 where the supreme court was considering provisions of the bihar and orissa excise act, 1915. the preamble of this act reads as under: "whereas it is expedient to amend and re-enact the law in the province of bihar and orissa relating to the import, export, transport, manufacture, possession, and sale of ..... the licensee shall be bound by the terms and conditions of this license agreement as well as such order / directions / regulations of trai as per provisions of trai act, 1997 as amended from time to time and instructions as issued by the licensor / trai." (iii) the definitions of originating network. originating / transit / terminating / service provider, terminating ..... decision of the supreme court in the case of har shankar and ors. v.the dy. excise and taxation commissioner and ors - (1975) 1 scc 737.this case arose out of the proceedings under the punjab excise act, 1914. the matter came to the supreme court on appeal from the order of the punjab and haryana .....

Parsoli Corporation Limited and Others Vs. Securities and Exchange Boa ...

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

..... and (c) the words a penalty of one lakh rupees for each day during which such failure continues or one crore rupees, whichever is less were substituted by amending act 59 of 2002 w.e.f. october 29, 2002 for the words a penalty not exceeding one lakh and fifty thousand rupees for each such failure. the statement ..... rta, the board should have taken penal action for violating the said order by initiating adjudication proceedings or such other proceedings which could be initiated in accordance with law. in the circumstances of this case, there is no warrant for issuing regulatory and preventive directions of the nature that have been issued in the instant case ..... cause notice and find that the details of the misconduct committed by the appellants have been mentioned in paragraphs 3 to 23 thereof and the provisions of law which they violated have been clearly stated in paragraph 24. after pointing out the provisions that had been violated, the show cause notice goes on to .....

Ubs Securities Asia Ltd. Vs. Securities and Exchange Board of India

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

Reported in : (2005)6CompLJ64SAT

..... is without prejudice to any other action taken or to be taken by sebi against ubs in accordance with the provisions of sebi act, 1992, the regulations made thereunder or any other law as may be applicable.3. ubs securities asia limited, i.e., the appellant, is a licensed securities company in hong kong ..... the appellant regretted this error which happened inadvertently due to incompatibility of the appellant's internal infrastructure and software system. the appellant had acknowledged error and amended the reports. moreover these errors were not subject of the show cause notice dated 24/11/2004.56. the learned senior counsel submitted that the impugned ..... various retail investors to pool the funds against underlying indian securities and the return could be linked to equity index. pns are extra-territorial instruments.68. the amendment to the existing format of circular of 31st october, 2001 was introduced on 8th august, 2003 which changed the reporting format for issuance / renewal / .....

Ksl and Industries Ltd., Shri Vs. Chairman, Securities and

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

Reported in : (2005)59SCL1SAT

..... nor the arrangements between the applicants and the appellant no.1 is illegal and/or prohibited by law.10.17 the learned senior counsel for the appellants submitted that the jurisdiction of sebi under the sebi act, 1992 until the enactment of amendment act, 2002, subject to two-fold limitations viz: (i) the power was available for exercise only ..... be the penalty as such." the fact that section 11 b did not include penal provisions is also justified by the fact that the legislature has enacted an amendment act, 2002 inserting section 11(4) and empowering the board to take measures specified therein for restraining persons from accessing the securities market and prohibiting any person associated ..... the appellants have further for the first time sought to content that the investigation by sebi has been vitiated only on the ground that prior to the amending act 2002 sebi had no power to undertake investigation. the power to investigate has to be read into section 11.under section 11(2)(i) sebi's .....

Transgene Bio-tech Ltd. Vs. Securities and Exchange Board of India

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

Reported in : (2005)4CompLJ166SAT

..... date of the general body meeting would be erroneous and directing the sebi to accept the same by this hon'ble tribunal, would be contrary to the provisions of law.24. heard both the parties. we have also perused all the documents submitted by the parties and we have applied our minds. the word 'ratification' as ..... of the case of the appellants as admittedly the board meeting took place on 14.02.2002 prior to the amendment.therefore, there is no question of granting post facto leave on the basis of the said amended regulation. assuming without admitting that clause 17.2a could be applied to the case of the appellants, according to sebi ..... defined in the black law dictionary 7th edition clearly defines ratification as 'confirmation and acceptance of a previous act' thereby making the act valid from the moment it was done.further law of lexicon dictionary also defines the word ratification as 'the adoption of a contract made on .....

Guru Teak Investment (Mysore) Vs. Securities and Exchange Board of Ind ...

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

Reported in : (2005)64SCL403SAT

..... scheme or arrangement- "(i) made or offered by a co-operative society registered under the co-operative societies act, 1912 (2 of 1912) or a society being a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any state; "(ii) under which deposits ..... communication dated 09/07/2001 was pleased to grant provisional registration under regulation 70(1) read with regulation 71(1) of the regulations. [the previous regulation was amended w.e.f. 01/07/2001]. the respondent imposed 11 conditions while granting provisional registration in order to obtain final registration. the 11 conditions were: (i) ..... ,71,49,5727-(one crore seventy one lakhs forty nine thousand five hundred and seventy two only) per month. on its operations as detailed in the amended statement. in addition on account of certain adverse publicity for the company undertaken by certain vested interest during the pendency of this appeal, several investors demanded .....

Shri Pramod JaIn Vs. Securities and Exchange Board of India

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

Reported in : (2005)60SCL484SAT

..... effect that in case of non-compliance of any provisions of this regulation, the agreement for such sale shall not be acted upon by the seller or the acquirer. inserted by the sebi (substantial acquisition of shares and takeovers) (amendment) regulations, 2001, w.e.f. 17.8.2001. [provided that in case of the acquisition of shares of ..... regulation 22(16) would clearly indicate that incomplete and unenforceable agreements cannot be subject matter of any enquiry under the regulations. the agreement may, however, have other consequences in law. in this case, admittedly, as stated earlier, the agreement was not stamped, nor signed by all the parties. it was found as a result of raid conducted by ..... there is no change in the control over the target company at the instance of the acquirer, it cannot be said that there will be a compulsion of law that the alleged acquirer will be forced to make a public announcement to acquire shares of the target company. it is possible and certainly wise to look at .....

Mahanagar Telephone Nigam Ltd. Vs. Telecom Regulatory Authority of

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

Reported in : (2005)3CompLJ478TelecomDSAT

..... conferred by a statute. the purpose of creation of tdsat has expressly been slated by the parliament in the amending act of 2000. tdsat thus failed to take into consideration the amplitude of its jurisdiction and thus misdirected itself in law." 15. the other question that arises is even if, the regulations are valid piece of subordinate legislation, how ..... 2000--trai has been divested of its power to resolve disputes and dispute resolution under the act now vest with the tdsat which was constituted under that very amendment act. functions of the trai are what are described in section 11 of the act and that of tdsat under section 14 thereof. these respective powers of trai and tdsat were ..... by trai it is punishable under section 29 and what will happen if there is contravention of any regulation? he said it was for the parliament to amend the law. there was no clear answer to our question as to what was the procedure which would have to be gone into before issuing direction or regulation. it .....

Association of Basic Telecom Vs. Bharat Sanchar Nigam Ltd.

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

Reported in : (2005)5CompLJ334TelecomDSAT

..... interconnectivity between the service providers notwithstanding anything contained in the terms and conditions of the licenses granted before the commencement of telecom regulatory authority of india (amendment) act, 2000. (ix) since bsnl/dot had clearly accepted the port charges as prescribed by the trai and had brought them into effect from 1.5 ..... interconnection regulations of may 1999, the circular dated 25-10-99 novating the interconnect agreement, the reissued interconnection regulations of december 2001 and as bad in law, illegal, arbitrary and without jurisdiction. the petitioners state and submit that this hon'ble tribunal had already granted interim directions in petition no.9 of ..... give effect to the overriding effect of these regulations as per clause viii of the regulations, and automatically became non-existent in the eyes of law after the above-mentioned judgment of the hon'ble delhi high court.7. according to the petitioners, for the following reasons, the contentions of bsnl .....

Tata Teleservices Limited and Vs. Bharat Sanchar Nigam Ltd.

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

Reported in : (2005)6CompLJ1TelecomDSAT

..... is focused on how and why the petitioners' walky service is to be treated as a wll(m) service and not fwp-wll(f) service.according to bsnl, the amended iuc regulations of 29/10/2003 clearly stipulate varying rates of interconnection usage charges and access deficit charges under three main heads i.e. (i) gsm - cellular mobile phone ..... not been able to do so because of various constraints one of which is the inability to recover the cost of such service through the tariff mechanism. in the amended interconnection usage charge regulations 2005, access deficit charges for all inter circle calls from cellular mobile and wll(m) to cellular mobile to wll(m) are to be ..... , the trai direction of 04/03/2005 and the iuc amended regulations of 06/01/2005 continue to remain operative and have not been kept in abeyance by the act of trai getting engaged into the said consultation process.5.4 accordingly it was stated that bsnl is lawfully entitled to receive the adc charges treating the walky service as .....