Court : Mumbai
..... set up by such securitisation company or reconstruction company for the securitisation or reconstruction, as the case may be; or (iii) any other trustee holding ..... 2(zd) of the sarfaesi act reads as under : ??2. definitions.-(1) in this act, unless the context otherwise requires,- ........ (zd) "secured creditor" means any bank or financial institution or any consortium or group of banks or financial institutions and includes- (i) debenture trustee appointed by any bank or financial institutions, or (ii) securitisation company or reconstruction company, whether acting as such or managing a trust ..... company consequent upon acquisition by it of any rights or interest of any bank or financial institution in relation to such financial assistance. ........ (ha) "debt" shall have the meaning assigned to it in clause (g) of section 2 of the recovery of debts due to banks and financial institutions act, 1993; .......... (k) "financial assistance" means any loan or advance granted or any debentures .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1993AP337; 1993(2)ALT274
..... respect of a debt or a security. interpreting s. 370 of the indian succession act, which defines security as any pronote, debenture, stock or other security of central or state government, any bond, any stock or debenture or share in a company etc., the court held that articles pledged do not come within any of the categories mentioned above and as such, gold articles ..... certificate as the question as to who is entitled to those articles cannot be decided by the bank.3. it is relevant to note s. 214 of the indian succession act, which reads thus :'(1) no court shall- (a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming on succession to ..... administration evidencing the grant to him of administration to the estate of the deceased, or (ii) a certificate granted under s. 31 or s. 32 of the administrator-general's act, 1913, and having the debt mentioned therein, or (iii) a succession certificate granted underpart x and having the debt specified therein, (iv) a certificate granted under the succession certificate ..... act, 1989, or (v) a certificate granted under bombayregulation no. viii of 1827, and, if granted,after the first day of may, 1889, having thedebt specified therein. (2) the word 'debt' .....Tag this Judgment!
Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
..... controlling the business of buying, selling or dealing in securities. ??securities ? has been defined under section 2(h) to include shares, scrips, stocks, debentures, debenture stock or other marketable securities of like nature in or of any incorporated company or other body corporate, etc., etc. what in noticeable is it refers to ??marketability ? of it. a stock exchange is more than a ..... cannot now reagitate/reargue the issues either on facts or on law. 7. to deal with this argument, let us have a look at the scheme of the act. the act was enacted to provide for establishment of the board to protect the interest of investors in securities and to promote the development of, and to regulate the securities market ..... board of india (for short the board) holding the appellants guilty of violating provisions of section 12a(a), (b) and (c) of the securities and exchange board of india act, 1992 (the act) and regulations 3(a), (b), (c), (d) and 4(1) of the securities and exchange board of india (prohibition of fraudulent and unfair trade practices relating to securities ..... any person, in connection with the issue, dealing in securities which are listed or proposed to be listed on a recognised stock exchange, in contravention of the provisions if this act or the rules or the regulations made thereunder; (d) to (f) ........................................................................................ ? it may be noted that the provisions of regulation 3 (b), (c) and (d) of the futp .....Tag this Judgment!
Court : Supreme Court of India
..... the term `securities' as defined in section 2(h) of the act. it reads as under:2(h) securities include-(i) shares, scrips, stocks, bonds, debentures, debenture stock or other marketable securities of a like nature in or of any incorporated company or other body corporate;(ia) derivative;(ib) units or any other ..... therefore appellant asked the respondent no. 1 to credit rs. 79 per share for five lakh shares of sail to the account of the appellant-company. the appellant claimed that by letter dated 17.09.1992 respondent no. 1 resiled from the contract regarding sale of shares of sail. the appellant ..... delivery contract or contract for cash or hand delivery or special delivery in any securities as is permissible under the said act and the rules, bye laws and regulations of a recognized stock exchange.it is thus clear from the circular that after issuance of these circular ..... hereby declares that no person in the territory to which the said act extends shall save with the permission of the central government enter into any contract for the sale or purchase of securities other that such spot ..... the afore said circular reads as follows:s.o. 2561 in exercise of the powers conferred by sub-section (1) of securities contract (regulation) act 1956 (42 of 1956) the central government being of opinion that it is necessary to prevent undesirable speculation in securities in the whole of india, .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1994SCC(3)569; JT1994(2)423
..... county palatine of lancaster. when the debenture holder was indicted of an offence of cheating, palatine court and the chancery division simultaneously had taken cognizance of the offence on ..... company under lotteries and amusement act, 1976. the plaintiff initiated action in the commercial court, high court, seeking a declaration that their schemes are lawful. before charges were tried in the commercial court, ..... has avoided vexation, the chancery court was justified in exercising the jurisdiction in issuing the injunction.430. in imperial tobacco ltd. v. attorney general148 the plaintiff tobacco company launched sales promotion known as "spot cash" for a particular brand of cigarette. the director of public prosecution laid prosecution in the crown court against the ..... not expressly excluded under the act, by necessary implication it gets eclipsed not so much that it lacked constituent power but by doctrine of concomitance.429. in connolly brothers ltd., re; wood v. connolly brothers ltd. 147 the facts were that palatine court and chancery division have coordinate jurisdiction over debenture holder of a company carrying on business in the .....Tag this Judgment!
Court : Supreme Court of India
..... against the compensation payable to him; (e) by transfer of shares or debentures in any company or corporation; (f) in such other form as may be prescribed. (2) for the purpose of payment of compensation under 8 this act, the central government may, by rules, provide for all or any of ..... which, and the instalment by which, compensation may be paid to different classes of displaced persons; (c) the valuation of all property, shares and debentures to be transferred to displaced persons; (d) any other matter which is to be, or may be, prescribed. xx xx xx 14. compensation ..... other person, on such valuation as the settlement commissioner may determine; (d) in the case of a share of an evacuee in a company, by transfer of such share to a displaced person or any association of displaced persons, whether incorporated or not, or to any other ..... supply and rehabilitation, government of india issued different notifications authorising officers of the state to discharge the functions of the central government under the act. the notifications dated june 23, 1980 appointing tehsildar as managing officer; joint collectors as settlement commissioners and commissioner of survey & settlement as ..... of property. the joint collector is the settlement commissioner within his jurisdiction. revisional powers of chief settlement commissioner under section 24 of the act, stand 21 delegated to the commissioner of survey settlement and land records and the secretary to government in revenue department. the claim .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2004)83TTJ(Ahd.)721
..... or source of income belonging to such an huf. the point as to from where or which source the huf could have acquired the movable assets viz. shares and debentures of various companies, which have been declared to be belonging to the huf seems to have been totally overlooked by the arbitrator. (x) the arbitrator has exceeded his authority in as much ..... . shah and bhadresh k. shah had taken an entirely different stand before the urban land ceiling act authority inasmuch as they all claimed ownership of the property to avoid action under the urban land ceiling act. (xii) the movable assets comprising of shares and debentures of various companies have not been partitioned by the arbitrator and they have all been allotted to dr. k ..... after such conversion. the pre-requisite for the application of this sub-section is that the individual should convert his separate property into property belonging to the huf through the act of--(i) impressing such separate property with the character of the property belonging to the family; and (ii) throwing such separate property into common stock of the family. it, therefore ..... department was not a party to urban land ceiling proceedings. moreover, under the urban land ceiling proceedings, the concerned authorities were to see whether there is excess land. under the it act the assessee was showing the property in question as individual property and in urban land ceiling proceedings the assessee was showing this property as property of family. under the wt .....Tag this Judgment!
Court : Mumbai
..... from the transfer of a long-term capital asset, other than capital gain arising to a non-resident from the transfer of shares in, or debentures of, an indian company referred to in the first proviso, the provisions of clause (ii) shall have effect as if for the words "cost of acquisition" and " ..... capital gains (other than long term capital gains arising to a non resident from the transfer of shares in, debentures of an indian company), then, as per the second proviso to section 48 of the act, the capital gains have to be computed by deducting from the full value of consideration the 'indexed cost of ..... dated 1/2/2003 and transferred on 30/6/2003, under section 48 read with section 49 and section 2(42a) of the income tax act, 1961 ('the act' for short), the gains arising therefrom were liable to be computed as long term capital gain, by deducting from the total consideration received, inter ..... deemed date of holding the asset from 29/1/1993 while determining the indexed cost of acquisition under clause (iii) of the explanation to section 48 of the act. 15) for better appreciation of the dispute, we quote the relevant part of section 48 herein :- " mode of computation. 48. the income chargeable under ..... under a gift or will for valuable consideration. 11) the mode and the manner of computing the capital gains is provided under section 48 of the act. as per section 48, the income chargeable under the head "capital gains" is liable to be computed by deducting from the full value of the .....Tag this Judgment!
Court : Mumbai
Reported in : (1969)71BOMLR673
..... of the property against the compensation payable to him;(e) by transfer of shares or debentures in any company or corporation;(f) in such other form as may be prescribed.(2) for the purpose of payment of compensation under this act, the central government may, by rules, provide for all or any of the ..... in which, and the instalments by which compensation may be paid to different classes of displaced persons;(c) the valuation of all property, shares and debentures to be transferred to displaced persons;(d) any other matter which is to be, or may be, prescribed.rule 15 relates to determination of net ..... in respect of agricultural land should be adjusted against any other property. the case, therefore, ought to be dealt with under section 7 of the act read with rule 18 of the rules. section 7 requires compensation to be determined in accordance with the rules prescribed. the rules referred to above ..... made without reference to the petitioner and are contrary to the rules. the relevant provisions with which we are concerned are the provisions of the act of 1954. section 4 refers to the form of application for compensation to be made by a displaced person having a verified claim for payment ..... of (1) agricultural lands in rural area, (2) buildings etc. in rural area and (3) property in urban area. under the displaced persons claims act, 1950, the petitioner made claims in respect of these three kinds of properties which he had abandoned in west pakistan. these applications were heard and the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2008AP71; 2008(2)ALD581; III(2008)BC299
..... respect of a debt or a security. interpreting section 370 of the indian succession act, which defines security as any pronote, debenture, stock or other security of central or state government, any bond, any stock or debenture or share in a company etc., the court held that articles pledged do not come within any of the categories mentioned above and as such, gold articles ..... certificate act, 1889, or(v) a certificate granted under bombay regulation no. viii of 1827, and, if granted, after the first day of may, 1889, having the debt specified therein.(2) the ..... administration evidencing the grant to him of administration to the estate of the deceased, or(ii) a certificate granted under section 31 or section 32 of the administrator-general's act, 1913, and having the debt mentioned therein, or(iii) a succession certificate granted under part x and having the debt specified therein, or(iv) a certificate granted under the succession ..... bhaskara viswanadha raju : air1993ap337 , the learned judge of this court at paragraphs 3, 4 and 5 observed as under:it is relevant to note section 214 of the indian succession act, which reads thus:(1) no court shall:(a) pass a decree against a debtor of a deceased person for payment of his debt to a person claiming or succession to .....Tag this Judgment!