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Judgment Search Results Home > Cases Phrase: securities contracts regulation amendment act 2007 preamble 1 securities contracts regulation amendment act 2007 Page 1 of about 6,474 results (0.341 seconds)

Apr 06 2011 (SC)

Akhil Bhartiya Upbhokta Congress. Vs. the State of Madhya Pradesh, and ...

Court : Supreme Court of India

..... the constitution was adopted, people of india resolved to constitute india into a sovereign democratic republic. the words `socialist' and `secular' were added by the constitution (forty-second amendment) act, 1976 and also to secure to all its citizens justice - social, economic and political, liberty of thought, expression, belief, faith and worship; equality of status and/or opportunity and to promote among ..... the individual and the unity and integrity of the nation. the expression `unity of the nation' was also added by the constitution (forty-second amendment) act, 1976. the idea of welfare state is ingrained in the preamble of the constitution. part iii of the constitution enumerates fundamental rights, many of which are akin to the basic rights of every human being. this ..... of `state' has changed in recent years. in all democratic dispensations the state has assumed the role of a regulator and provider of different kinds of services and benefits to the people like jobs, contracts, licences, plots of land, mineral rights and social security benefits. in his work "the modern state" maciver (1964 paperback edition) advocated that the state should be viewed ..... land to caste based and social institutions. by circular no. f no. 6- 140/07/sat/nazul dated 31.8.2007, the state government decided to allot land without charging any premium at an annual rent of re. 1/- for housing schemes meant for slum dwellers.14. we shall now consider whether the state government could allot 20 acres of .....

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Jun 06 2013 (HC)

Yousuf Andcompany, Rep. by Its Partner Vs. the Government Ofandhra Pra ...

Court : Andhra Pradesh

..... area (termination and regulation of leases) (amendment) act 2000 (for short, 'act 1 of 2000') amending act 15 of 1992. it amended the preamble to the 1992 act and also directed substitution of sections 3 and 4 of 1992 act as under : "3. for sections 3 and 4 of the principal act, the following shall be substituted, namely: - "termination of leases:3. (1)(a) notwithstanding anything contained in the indian contract act, 1872, the ..... urban land for residential purposes, ware- housing activities, sub-letting or transferring the plots or portions of plots by entering into disguised partnerships , transferring of shares of companies to secure leasehold transfers and such erring lessees or occupants were collecting huge amounts through such unauthorised use of plots or portions of plots. with a view to curb such misuse/ unauthorised ..... prior approval from government. (c) it remained as a non-user as observed by the competent authority and commissioner of industries in para 14 of its proceedings dated 16.6.2007. though, it had taken possession of the land on 10.3.1943, it did not produce any documentary evidence to the effect that it has set up "dyeing & printing" ..... .a.p. agro industries without the permission of the 1st respondent and thereby attracted disqualification under section 3(1)(b)(i), (ii) and (iii) of act 15 of 1992 as amended by act 1 of 2000. both the respondents have also considered the order dt.12.03.2007 in w.a.no.1632 of 2005, order dt.01.08.1996 in civil appeal no.9169 of .....

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Jun 06 1997 (TRI)

Shashi Prakash Khemka and ors. Vs. Nepc Micon Ltd.

Court : Company Law Board CLB

..... comprehensive changes in matters relating to transfer of securities, through amendments to various related statutes, like the companies act, indian stamp act, securities contracts (regulation) act, income-tax act and benami transactions (prohibition) act. the preamble to this act reads "an act to provide for regulation of depositories in securities and for matters connected therewith or incidental thereto". thus this preamble makes it dear that the amendments brought in various statutes are only to ..... that we have given our findings on the issues involved, let us examine the maintainability of the three petitions. in respect of the first petition (c. p. no. 1 of 1996), the argument of counsel for the petitioners shri datar, is that, since the cause of action arose before the issue of the ordinance, he could exercise the ..... , or unnecessary delay takes place, in entering in the register the fact of any person having become, or ceased to be, a member, including a refusal under sub-section (1), the person aggrieved, or any member of the company, or the company, may apply to the company law board for rectification of the register." 36. sub-section (14), ..... 111. counsel for the petitioners counter this stand on various grounds as elaborated hereinafter.5. shri arvind p. datar, counsel appearing for the petitioners in c. p.no. 1 of 1996, which was filed on december 26, 1995, submitted that the cause of action to file the petition arose on may 14, 1994, and the ordinance was promulgated .....

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Nov 21 1966 (HC)

V. Juia Vs. S. Dalmia

Court : Mumbai

Reported in : AIR1968Bom347; (1968)70BOMLR20

..... -laws also within its ambit.(37) mr. sanghvi then contended that sub-section (1) of s. 10 of the securities contracts (regulation) act confers on the central government a power independently of a stock exchange to 'make bye-laws for all or any of the matters specified in s. 9 or amend any bye-laws made by such stock exchange under that section' he contended that ..... individuals whether incorporated or not constituted for the purpose of assisting regulating or controlling the ..... the new rules and bye-laws which it adopted after the act came into force.(15) the preamble of the act states that it is an act to prevent undesirable transactions in securities by regulating the business of dealing therein. the preamble shows that the object of the act was to regulate the business of dealing in securities. clause (i) of s. 2 defines 'stock exchange' as meaning 'any body of .....

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May 16 2008 (SC)

Bank of India Vs. Ketan Parekh and ors.

Court : Supreme Court of India

Reported in : AIR2008SC2361; 2008(5)ALLMR(SC)983; 2008(3)AWC3091(SC); III(2008)BC247; 2008(56)BLJR2070; [2008]143CompCas711(SC); (2008)5MLJ1097(SC); (2008)151PLR662; 2008(8)SCALE327; 2008AIRSCW3903; AIR2008SC2360; 2008(8)SCC148

..... this case, notification was issued under the securities contracts (regulation) act, 1956 prohibiting all contracts for sale or purchase of securities other than such spot delivery contract or contract for cash or hand delivery or special delivery in any securities as permissible under the act. the transaction was consisting of two interconnected legs i.e. ready leg consisting of sale of securities by the brokers and purchase thereof by the ..... suit, claim or other legal proceeding (other than an appeal) pending before any court immediately before the commencement of the special court (trial of offences relating to transactions in securities) amendment act,1994, being a suit, claim or proceeding, the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement ..... civil courts and this has resulted into great strain on the banks and financial institutions. therefore, in order to meet that contingency this act was promulgated. the preamble in this act clearly reads as under:an act to provide for the establishment of tribunals for expeditious adjudication and recovery of debts due to banks and financial institutions and for matters ..... to be valid. therefore, this case cannot provide any assistance. our attention was invited to another decision of this court in tax recovery officer, central range-i v. custodian and ors. (2007) 7 scc 461. in that case it was held that that the property of any person notified under section 3(2) & (3) of the .....

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Apr 28 2006 (TRI)

Tata Sons Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)104ITD45(Mum.)

..... the impugned year. it reads: sub-clause (b) seeks to amend clause (18) of section 2 of the it act. under the proposed amendment, a company whose shares are not listed in a recognised stock exchange in india in accordance with the securities contracts (regulation) act, 1956, and any rules made thereunder will not be treated ..... in profits) were, as on the last day of the relevant previous year, listed in a recognized stock exchange in india in accordance with the securities contracts (regulation) act, 1956 (42 of 1956) and any rules made thereunder; (b) shares in the company (not being shares entitled to a fixed rate of ..... the last day of the relevant previous year, listed in a recognized stock exchange in india in accordance with the securities contracts (regulation) act, 1956 (42 of 1956) and any rules made thereunder. (b)(i) shares in the company (not being shares entitled to a fixed rate of dividend whether with or without a ..... clause. the supreme court observed that "the opening words in section 2 viz. 'in this act, unless the context otherwise requires' must be examined in the light of the context, the title, the preamble and all the other enacting parts of the statute. due weight ought to be given to the ..... opening words. the subject matter and the context in which a particular word is used are of great importance and it is axiomatic that the object underlying the act must always .....

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Apr 28 2006 (TRI)

Tata Sons Limited Vs. the Deputy Cit, Special Range-1

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... impugned year. it reads: sub-clause (b) seeks to amend clause (18) of section 2 of the income-tax act. under the proposed amendment, a company whose shares are not listed in a recognised stock-exchange in india in accordance with the securities contracts (regulation) act, 1956, and any rules made thereunder will not be ..... in profits) were, as on the last day of the relevant previous year, listed in a recognized stock exchange in india in accordance with the securities contracts (regulation) act, 1956 (42 of 1956) and any rules made thereunder; (b) shares in the company (not being shares entitled to a fixed rate of ..... the last day of the relevant previous year, listed in a recognized stock exchange in india in accordance with the securities contracts (regulation) act, 1956 (42 of 1956) and any rules made thereunder. (b)(i) shares in the company (not being shares entitled to a fixed rate of dividend whether with or without a ..... clause. the supreme court observed that "the opening words in section 2 viz. "in this act, unless the context otherwise requires" must be examined in the light of the context, the title, the preamble and all the other enacting parts of the statute. due weight ought to be given to the ..... opening words. the subject matter and the context in which a particular word is used are of great importance and it is axiomatic that the object underlying the act must always .....

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Apr 24 1973 (SC)

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... which were repressive like the bengal regulation iii of 1818, madras regulation ii of 1819, bombay regulation xxv of 1827, the indian criminal law amendment act xiv of 1908, etc., which were used to suppress the freedom of the people and detain persons on political grounds when they were found inconvenient to the rulers. the demand for securing fundamental rights since then became an ..... used in article 304 in order to curtail the scope of the amending power. it is significant that the government of india (third amendment) act, 1939 was described in its title as an "act to further amend the g.i. act 1935" and the preamble stated that it was expedient to amend the government of india act, 1935. by section 4 the old section 291 was "repealed" totally ..... used. another kind of interference touches the freedom of use of property, through the growing number of social obligations attached by law to the use of industrial property, or contracts of employment. the degree of public control over private property depends largely on the stringency of economic conditions. increasing prosperity and availability of consumer goods has led to a drastic ..... towards judicial review. from gopalan to golaknath, the court has shifted from one end to the other end of the diagonal, from parliament's supremacy to its own supremacy. 2007. at the centre of the court's legal philosophy, there is the rational free-will of the individual. the court's claim to the guardianship over fundamental rights is reminiscent .....

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Nov 06 1996 (SC)

Air India Statutory Corporation, Etc. Vs. United Labour Union and Othe ...

Court : Supreme Court of India

Reported in : AIR1997SC645; (1997)3GLR2576; (1997)ILLJ1113SC; 1996(9)SCALE70; (1997)9SCC377; [1996]Supp9SCR579

..... principal employer is enjoined to ensure payment of wages to the contract labour and to provide all other amenities envisaged under the act and the rules including provisions for food, potable water, health and safety and failure thereof visits with penal consequences.38. the 42nd constitution (amendment) act, 1976, brought explicitly in the preamble socialist and secular concepts in sovereign democratic of bharat with effect ..... work, to a living wage, a decent standard of life, education and leisure. to them, these are fundamental facets of life. article 43a, brought by 42nd constitution (amendment) act, 1976 enjoins upon the state to secure by suitable legislation or in any other way, the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry. article 46 ..... should be left in a lurch denuding them of the means of livelihood and the enjoyment of the basic fundamental rights provided while the contract labour system is regulated under the act? the advisory committee constituted under section 10(1) requires to consider whether the process, operation and other work is incidental to or necessary for the industry, trade, business, manufacture or occupation that .....

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Dec 21 1962 (SC)

State of West Bengal Vs. Union of India

Court : Supreme Court of India

Reported in : AIR1963SC1241; [1964]1SCR371

..... purposes respectively, and to the making of contracts.' 100. the phraseology used in this article clearly shows that the land held by the union or the state for the union or the state purposes respectively, could be transferred to the other only in the manner indicated in art. 298(1). by the constitution (seventh amendment) act, 1956, the subject of acquisition and ..... . 352 : 57 l. ed. 1511, said : 'the grant in the constitution conferred upon congress an authority at all times adequate to secure the freedom of inter-state commercial intercourse from state control, and to provide effective regulation of that intercourse as the national interest may demand. the words 'among the several states' distinguish between commerce which concerns more states than ..... been enacted by the people of india who have solemnly resolved to constitute india into a sovereign democratic republic. india is described as a union of states. the preamble to the constitution indicates that the political sovereignty of the country rests in the people of india and the legal sovereignty is divided between the constitutional entities of the ..... coordinate with the union and are not in many respects independent. 25. legal sovereignty of the indian nation is vested the people of india who as stated by the preamble have solemnly resolved to constitute india into a sovereign democratic republic for the objects specified therein. the political sovereignty is distributed between, as we will presently demonstrate, the union .....

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