Court : Supreme Court of India
Reported in : AIR2007SC1584; 2007(3)ALT1(SC); 137CompCas63(SC); JT2007(5)SC201; 2007(3)KLT302(SC); 2007(3)MhLj434; 2007(5)SCALE366; (2007)6SCC236; 2007AIRSCW2325; 2007(3)AIRKarR406
..... 'co- operative credit society', 'director', 'primary agricultural credit society', 'primary co-operative bank' and 'primary credit society' shall have the meanings respectively assigned to them in part v of the banking regulation act, 1949.chapter iii-a of rbi act deals with collection and furnishing of credit information. in section 45a(a) 'banking company' means a banking company as defined in section 5 of the banking regulation act, 1949 (10 ..... accordance with the bye-laws and entrust the management of the affairs of the society to such committee (section 31 of the act). powers and functions of the committee are provided under section 31-a. chapter v deals with the rights and privileges of the societies. under section 35, the society has preferential charge upon the crop or ..... as defined in clause (b) of sub-section (1) of section 5 of the banking companies act, 1949 and includes any society which is functioning or is to function as a co-operative agriculture and rural multi-purpose development bank under chapter xi. in section 2(6) of the mcs act, 1960 - 'central bank' means a co-operative bank, the objects ..... 25247 of 2005, challenging the judgment and order of the high court of andhra pradesh, strenuously contended that section 56 was inserted in the br act to make that act applicable with modifications to co-operative banks with the main object to regulate the functioning of the co-operative banks in the matter of their business as the banking companies were regulated (part .....Tag this Judgment!
Court : Guwahati
..... transact several kinds of business specified in section 17 of the act. the central banking functions of the bank have been stated in chapter-ill, sections 20 to 45 of the act.12. as defined in section 45a of the act 'banking company' means a banking company as defined in section 5 of the banking regulation act, 1949 and includes the state bank of india, and ..... new bank constituted by section 3 of the banking companies (acquisition and transfer of undertaking) act, 1970, and any other financial institution notified by the central government in this behalf. the nationalised banks are 'corresponding new banks'. under chapter iii-a of the act, the rbi has power to collect credit information from banking companies, and from non-banking institutions. it may also ..... call for information from financial institutions and give directions to them,; chapter-iv of the act contains general provisions. under section 46, the central government shall transfer to ..... sub-section (1) of section 18 of the reserve bank of india act, 1934. there is provision for audit of the accounts of banking company.18. in the welfare state of ours it is natural for the commercial banks to be informed of the social needs. rural credit is one of the main concerns of the reserve bank of india. indian .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2004AP60; 2003(3)ALD762
..... providing necessary para-metres to be followed in fixing the tariff.50. chapter iii deals with the powers and functions of the central commission.51. under section 13 of the act, the main functions of the cerc include (1) regulate the tariff of generating companies owned or controlled by the central government; (2) to regulate inter-state transmission including tariff of the transmission utilities; (3) to ..... by the commission under sub-sections (1), (2) and (3) above shall be to ensure that the objectives and purposes of the act are duly achieved.347. under sub-section (5) the licensee shall furnish information to the commission for the format specified by the commission at least three months before the ensuing financial year and the commission shall notify the ..... time made provisions for securing these payments. apart from an undertaking by mpeb under those agreements an obligation is imposed upon mpeb to open a revolving letter of credit or letters of credit for payment of the dues. by way of further security it is provided in those contracts that escrow account shall be opened and maintained by mpeb to ..... enforceable against the corporation.(4) india thermal power limited v. state of m.p., : 1scr925 , while considering the nature of the power purchase agreements entered into by the madhya pradesh electricity board with the generating companies, wherein the board agreed to open a revolving letter of credit or letters of credit for payment of dues by it and also undertook to .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (2013)1SCC1
..... communications to the two companies dated 21.5.2010 yet again seeking the same information, by making it clear to the two companies, that non compliance would result in appropriate action under the companies act, the securities and exchange board of india act, 1992 (hereinafter referred to as the sebi act), as also, the regulations framed thereunder. both the companies, without furnishing details ..... to state that besides amendments to the existing provisions. sections 11aa, 11ab, 11c and 11b came to be added into chapter iv of the sebi act. provisions contained in chapter iv deal with the powers and functions of the board. it is essential to refer to some of the relevant amended provisions, for the determination of the ..... such violation;(c) prohibiting manipulative and deceptive devices, insider trading, fraudulent and manipulative trade practices, market manipulation and substantial acquisition of securities and control;(d) crediting sums realized by way of penalties to the consolidated fund of india;(e) amending the composition of the securities appellate tribunal from one person to three persons;( ..... 20ch 1 'securities' means shares or debentures: s. 755(5).88. companies act, 2006, fsma 2000, prospectus regulations, 2005 etc. applicable in england, if read together we get a complete picture of the securities laws in that country. indian companies act, as i have already indicated has its foundation on the english companies act.89. alastair hudson in his book 'securities law' first .....Tag this Judgment!
Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
Reported in : (2007)73SCL261SAT
..... (ia) calling for information and record from any bank or any other authority or board or corporation established or constituted by or under any central, state or provincial act in respect of any transaction in securities which is under investigation or inquiry by the board; (j) performing such functions and exercising such powers under the provisions of the securities contracts (regulation) act, 1956 (42 of ..... 'measure' that a situation may demand. sub section (2) illustratively enumerates the regulatory and promotional measures which the board may take. since the board has to regulate the market, section 12 appearing in chapter v provides for the registration of intermediaries such as stock brokers, sub brokers, share transfer agents and others. under sub section (3) of section 12, the board ..... found that idfc had come out with an ipo in july, 2005 and the retail portion of the issue was oversubscribed by 5.27 times. the shares were credited to the allottees on august 5 and 6,2005. the shares of idfc were listed on stock exchanges on august 12,2005. on august 8, 2005 i.e. prior to the listing on stock exchanges, roopalben panchal ..... intermediary or any person associated with the securities market or to a company in respect of matters referred to in section 11a. as already observed, the board also causes an inquiry to be made by an inquiry officer under the inquiry regulations and/or by an adjudicating officer under chapter via. it is during the pendency of any of these inquiries or .....Tag this Judgment!
Court : Mumbai
Reported in : 36CompCas712(Bom)
..... 403 empowers the court to make interim orders which it thinks fit for regulating the conduct of the company's affairs upon such terms and conditions as appear to it to be just and equitable. the sections fall under chapter vi of the act- 'prevention of oppression and mismanagement'- of part vi. chapter iv. a consisting of section 388b to 388e has been added by ..... the company; and for an order directing the appointment of a special officer to manage and conduct the affairs of the company. the petitioner also prayed for certain interim reliefs pending the final disposal ..... it is open to a deponent of an affidavit in verification of a petition under section 398 to verify it on information received by him and believed to be true. clause (b) (v) of sub-section (1) of section 643 of the act empowers the supreme court to make rules generally for all applications to be made to the court under the rules ..... from interfering and intermeddling in the affairs of the company had its conduct and management; for an order removing respondent no. 5 from his employment and for a further direction to restrain him from acting in the course of his employment; for an order restraining respondent no 5. from acting or functioning in any capacity under the company and from interfering or intermeddling with the affairs of .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
..... is functioning for the common benefit of the community and subject further to production of necessary clearance under the foreign contribution (regulation) act, 1976. (h) honorary consuls of foreign countries on the recommendations of the ministry of external affairs, government of india; (i) journalists / correspondents of foreign news agencies having accredition certificate with the press information bureau, ministry of information and ..... presented with a car as an award in any international event / match / competition; (c) legal heirs / successors of deceased relatives residing abroad; (d) physically handicapped persons; (e) companies incorporated in india having foreign equity participation; (f) branches / offices of foreign firms; (g) charitable / missionary institutions registered as per the law relating to the registration of the societies or ..... has paid the redemption fine and penalty at the time of importation in violation of transfer of residence scheme as per condition no.3 of section xvii of chapter 87 of the exim policy which provides exemption of importation of vehicle without licence. 8. the case law cited by the learned advocate is directly on the ..... no. 8/2009 dated 28th march 2009. hence the penalties imposed on the appellants are not sustainable. 5. on the other hand shri p.k. agarwal, jt. cdr appearing on behalf of the revenue submitted that as per section xvii - chapter 87 of import licensing note no.3 deals with the transfer of residence policy - wherein it is .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2004SC4219; IV(2004)BC211; 122CompCas83(SC); (2004)4CompLJ25(SC); JT2004(7)SC94; 2004(7)SCALE158; (2004)11SCC641; 54SCL549(SC)
..... 39. section 11 of the act provides for functions of the board which would include registering and regulating the working of persons specified in clauses (b) and (ba). section 11a provides for the matters which are to be disclosed by the companies. section 11b empowers the board to issue directions as specified therein. 40. chapter via of the act deals with penalties and adjudication whereas ..... was filed by the appellants herein before the securities appellate tribunal (tribunal). the tribunal took notice of the appellant's letter dated 28.9.2000 contending 'we wish to inform you that we have through our wholly owned subsidiary swedish match singapore pte. ltd. and pursuant to the requisite approvals acquired an additional 11382800 equity shares from the aforesaid ..... resorted to so as to suppress the mischief which would have surfaced had the literal rule been allowed to cover the field. [see reema aggarwal v. anupam and ors., : 2004crilj892 ].is strict construction of the regulation called for?94. a penal statute indisputably is required to be strictly construed. but a different situation may arise if the penalty is sought ..... whole and one provision should be construed with reference to the other provision to make the provision consistent with the object sought to be achieved....'90. in inland revenue commissioners v. trustees of sir john aird's settlement  ch. 382, it is stated: '...two methods of statutory interpretation have at times been adopted by the court. one, sometimes .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1976AP340
..... has a separate legal existence from that of its members as provided in chapter iii of the act. if a legal corporation is brought into existence by virtue of an act, any provision in the act regulating the functions of the corporation including the power conferred on appropriate authorities to supervise the functions of the corporation, cannot be said to invade the fundamental right of ..... their nature or the provision made for 'bad and doubtful debts and for other reasonable and necessary provision' in the proceedings under the industrial disputes act, 1947, when the banking company claims that such information is of confidential nature contravenes article 19(1)(c) of the constitution. the argument advances on behalf of the employees in the industrial dispute is ..... fundamental rights guaranteed under article 19(1) (c) of the constitution to form an association.30. in the decision tika ramji v. state of uttar pradesh, : 1scr393 under the u.p sugarcane (regulation of supply and purchase) act power was given to the cane commissioner under section 15 for declaring reserved and assigned areas. in pursuance of that power the ..... him by the general body of the society to nominate the committee validly. in this connections, sri chowdary has also placed reliance on the decision co-operative central bank ltd., v. addl. industrial tribunal, a.p. : (1969)iillj698sc . there, the question amounting to altering the conditions of service contained in the bye-laws dealing with the conditions of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 45CLA48(AP); 112CompCas211(AP)
..... in exercise of the powers conferred under section 30 of the sebi act, the board made the takeover regulations, 1997. regulation 2(b) defines the 'acquirer'. it means any person who agrees to acquire, directly or indirectly, shares or voting rights in the target company. regulation 2(e) defines 'person acting in concert'. chapter iii deals with substantial acquisition of shares or voting rights in and acquisition ..... by the name of the securities and exchange board of india. the powers and functions of the board are enumerated in chapter iv, under which it is the duty of the board to protect the interest of investors in securities and to promote the development of, and to regulate securities market by such measures as it thinks fit. under section ll(h) ..... be struck down as invalid.18. the apex court in the case of peerless general finance and investment co. ltd.'s case : 1991crilj1391 held as follows (page 96):'the function of the court is to see that lawful authority is not abused but not to appropriate itself the task entrusted to that authority. it is well settled that a public ..... announcement of offer. regulation 16(ii)(v) deals with information which should be published in the public announcement of offer, namely, the total number and percentage of shares proposed to be acquired from the public, identity of the acquirer and in case the acquirer is a company or companies, the identity of the promoters and the persons having control over such company. regulation 16(ix) mandates .....Tag this Judgment!