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Judgment Search Results Home > Cases Phrase: securities contracts regulation amendment act 2007 section 2 amendment of section 2 Page 1 of about 44,283 results (0.809 seconds)

Dec 04 2013 (HC)

A.Chandrasekaran Vs. Yoha Securities Limited

Court : Chennai

..... india (sebi). sebi itself has the power under section 10 to make or amend bye-laws of recognised stock exchanges.26. the above provisions can be compared to some provisions of the companies act, 1956. such comparison is permissible in view of section 2-a of the securities contracts (regulation) act, 1956, which states that words and expressions used in that act, but not defined therein, would have the same ..... high court set aside the arbitral award in that case, on the ground that the award was contrary to section 28 of the contract act and was not in accordance with substantive law of india.17. in pandit construction company vs. delhi development authority {2007 (3) arb.l.r. 205}, the delhi high court was concerned with an award where a claim was rejected ..... 2008 mr.a.chandrasekaran ...petitioner vs 1.m/s.yoha securities limited, t.nagar, chennai-17. 2.mr.m.v.badrinath, sole arbitrator, national stock exchange of india limited chenna-4. ...respondents petition under section 34(3) of the arbitration and conciliation act, 1996 to set aside the arbitration award dated 5.11.2007 in am.no.cm/c00592007 passed by the second respondent with ..... was made to the concerned authority in the national stock exchange only on 17.10.2006 and that the applicant actually filed an application for arbitration only on 11.5.2007, the arbitrator passed an award rejecting the claim, on the basis of the limitation prescribed by bye law (3) of chapter xi of nse bye laws, by his award dated .....

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Sep 25 2014 (SC)

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

..... entitled to appear before various tribunals/fora under different statutory provisions, such as, under the securities and exchange board of india act, 1992, the securities contracts (regulation) act, 1956, the telecom regulatory authority of india act, 1991, the companies act, 2013, the company law board regulations, 1991, the competition (amendment) act, 2007, and the special economic zone rules, 2006. we were informed, that chartered accountants ..... 11. after oral arguments were over, learned attorney-general, after obtaining instructions from the central government filed a memorandum to the effect that section 2(q) of the act would be suitably amended so as to exclude officers and servants in the employment of the supreme court and members and staff of the subordinate judiciary from the ..... for the order (see minerva mills ltd. vs. union of india, (1980) 2 scc591 which we passed on may 9, 1980 to the following effect: (scc pp. 592-593, paras 1 &2) section 4 of the constitution (forty-second amendment) act is beyond the amending power of the parliament and is void since it damages the basic or essential ..... eligible to enter judicial service in the state of maharashtra. by the maharashtra act 47 of 1977, section 9 of the bombay industrial relations act was amended by substituting a new sub-section (2), which replaced the original sub-section (2) of section 9. the amended sub-section (2) was as follows:- 9. (2) a person shall not be qualified for appointment as the presiding officer of .....

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Dec 19 2008 (HC)

Principal, Our Lady of Salvation High School Vs. Rashmi Upadhyay and o ...

Court : Mumbai

Reported in : 2009(3)BomCR401

..... time to time, before the date of commencement of the bombay primary education and the maharashtra employees of private schools (conditions of service) regulation (amendment) act, 2007, shall continue to be in force unless modified or revoked.while defining the expression 'shikshan sevak' in clause 24-a of section 2, the legislature has made a reference to the terms of the government resolution dated 15th february ..... be governed by mere executive instructions, but would be governed by the statutory provisions of the maharashtra employees of private schools (conditions of service) regulation act, 1977. what was earlier a matter of contract is converted statutorily into status, to use the descriptive context of service jurisprudence.the appointment and conditions of service of shikshan sevaks cease to be merely a matter of ..... in the amending act, the object of the amendment must be borne in mind in determining whether the remedy of an appeal under section 9 is available. bringing the shikshan sevaks within the purview of the maharashtra employees of private schools (conditions of service) regulation act, 1977, was an important aspect of legislative policy, the object of which is to bring an element of security to the .....

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Mar 04 2011 (HC)

Federation of Indian Airlines and ors. Vs. Union of India and ors.

Court : Delhi

..... the rule. the schedule being a part of the rule, the regulation cannot travel beyond the said rule. it is worth noting that the regulation has been issued under section 42 of the 1994 act which authorizes the competent authority to make regulations. sub-section (2)(h) of section 42 reads as follows:(h) securing the safety to aircraft, vehicles and persons using the airport or civil ..... , available infrastructure, land and other relevant considerations to be laid down by the aai in accordance with the section 5 of the aai ground handling regulations (2000).(iii) aircraft operator shall enter into contract with the ground handling agencies only after prior security clearance to these entities from the bcas and approval from the aai/airport operator.(iv) in case aai/airport ..... require some additional time for phasing out the ground handling equipments and also to create a proper exit policy for the manpower employed by them and accordingly, certain amendments in the regulations issued in the year 2007 were proposed which was considered by the ccs in its meeting held on 14.12.2009 and it was approved in the last ..... the details of the number of employees engaged in ground handling activities working directly on the rolls of the individual domestic airlines (excluding air india) and outsourced / sub-contracted through the other agencies and the details of the equipment employed for ground handling by these airlines at all the six major airports. the manpower employed by the various airlines .....

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Jan 29 2016 (SC)

M/S Madras Petrochem Ltd. and Anr. Vs. Bifr and Ors.

Court : Supreme Court of India

..... | amendment | |1956 |1 |the companies act |in section 4a in | | | |1956 |sub-section (1) after | | | | |clause (vi) insert the | | | | |following:-- "(vii) the | | | | |securitisation company or | | | | |the reconstruction company | | | | |which has obtained a | | | | |certificate of registration| | | | |under sub-section (4) of | | | | |section 3 of the | | | | |securitisation and | | | | |reconstruction of financial| | | | |assets and enforcement of | | | | |security interest act | | | | |2002". | |1956 |42 |the securities |in section 2 in clause (h) | | | |contracts |after sub-clause (ib) | | | |(regulation) act ..... 20.11.2008, the bombay high court modified its order dated 30.8.2007 and restrained the official liquidator from taking possession of the secured assets of the company, and permitted the creditors to pursue their remedies under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002. m/s. alchemist arc ltd. issued a sale notice on behalf of ..... . it is also occasioned by a further argument that the winding up order passed by the bombay high court dated 30.8.2007 being in the teeth of the stay order and section 22 of the sick industrial companies (special provisions) act, 1985, is non est and therefore the appeals before this court have not become infructuous. if shri c.n. sreekumar is .....

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Jul 14 2008 (HC)

A.P. Federation of Chit Funds Vs. Union of India (Uoi)

Court : Andhra Pradesh

Reported in : 2009[13]STR350

..... the matter for consideration is as to whether the petitioners' business i.e., chit fund fall within the mischief of expression 'cash management', as amended under sub-section 12 of section 65 of the finance act, 2007 and consequently under the impugned circular issued by the respondents is valid?9. at the outset, for convenience sake, instead of referring to all the ..... subscribers and the foreman and in view of the definitions provided in sections 2(b), 2(c), 2(d), 2(e) and 2(j) enforceable contract comes into existence and the act provides how the contract has to be implemented and acted upon by the parties to the contract. therefore, it is a special form of contract contemplated by entry 7 of list iii of viith schedule of the ..... belonging to him. the dominant purpose of the act is to regulate the chit and control the activity of the foreman and protect the interests of the subscribers. the pith and substance of the act is that it provides for a special contract. the legislation provides for a special kind of contract and thus squarely falls within entry 7 of list ..... section (12) of section 65, which reads as under:banking and other financial services' means;(a) the following services provided by a banking company or a financial institution including a non-banking financial company or any other body corporate, namely:(i) financial leasing services including equipment leasing and hire purchase by a body corporate(ii) credit card services(iii) merchant banking services(iv) securities .....

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Jul 14 2008 (HC)

The Andhra Pradesh Federation of Chit Funds, a Public Society Rep. by ...

Court : Andhra Pradesh

Reported in : (2008)220CTR(AP)28; (2008)17VST128(AP)

..... the matter for consideration is as to whether the petitioners' business i.e., chit fund fall within the mischief of expression 'cash management', as amended under sub section 12 of section 65 of the finance act, 2007 and consequently under the impugned circular issued by the respondents is valid?10. at the outset, for convenience sake, instead of referring to all the ..... subscribers and the foreman and in view of the definitions provided in sections 2(b), 2(c), 2(d), 2(e) and 2(j) enforceable contract comes into existence and the act provides how the contract has to be implemented and acted upon by the parties to the contract. therefore, it is a special form of contract contemplated by entry 7 of list iii of viith schedule of the ..... money belonging to him. the dominant purpose of the act is to regulate the chit and control the activity of the foreman and protect the interests of the subscribers. the pith and substance of the act is that it provides for a special contract. the legislation provides for a special kind of contract and thus squarely falls within entry 7 of list ..... section (12) of section 65, which reads as under;banking and other financial services' means;a) the following services provided by a banking company or a financial institution including a non-banking financial company or any other body corporate, namely:i) financial leasing services including equipment leasing and hire purchase by a body corporateii) credit card servicesiii) merchant banking servicesiv) securities .....

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Mar 10 2008 (TRI)

M.S. Gopalakrishna Vs. Union of India (Uoi)

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

Reported in : (2008)85SCL217SAT

..... therefrom were appropriated to meet his liabilities.3. the securities contracts (regulation) act, 1956 (for short 'the act') was enacted to provide for the regulation of stock exchanges and all transactions in securities dealt in on them with a view to preventing undesirable speculation in them. it was amended with effect from 12-10-2004 when sections 4a and 4b along with some others had been incorporated ..... and the scheme was notified in the official gazette on 29-8-2005. the scheme framed by the exchange and the securities contracts (regulation) (manner of increasing and maintaining public shareholding in recognized stock exchanges) regulations, 2006 (for short 'the regulations') require that the corporatised stock exchanges shall ensure that at least 51 per cent of its equity share capital is held ..... the exchange and having considered the pros and cons of the matter found no merit in the objections raised by the appellant. it was by letter dated 6-11-2007 that the board conveyed to the appellant the rejection of his complaint. hence this appeal.4. we have heard the learned counsel for the respondents and are of the ..... of the appellant to maintain the present appeal. since we are upholding this preliminary objection, facts insofar as they are necessary for the disposal of the appeal are being noticed.2. bangalore stock exchange (hereinafter called 'the exchange') like most of the other stock exchanges in the country was a mutual organization owned by the stock brokers who had .....

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Jun 06 2013 (HC)

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

Court : Andhra Pradesh

..... 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 transfer of property act ..... with law within a period of four weeks from the date of receipt of the order.18. aggrieved thereby, respondents 1 and 2 filed writ appeal no.1632 of 2005. by its order dt.12.3.2007, the said writ appeal was allowed and the order dt.10.6.2005 passed in writ petition no.20488 of 2004 was ..... 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/ ..... ).59. it is settled law that even existing rights of parties under a contract can be statutorily regulated and modified in public interest.60. in mardia chemicals ltd. v. union of india15 the constitutional validity of the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 was challenged. the supreme court rejected the challenge and held : "66 .....

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Sep 07 2007 (HC)

Rama Steel Industries and ors. Vs. Union of India (Uoi) and anr.

Court : Mumbai

Reported in : AIR2008Bom38; 2007(6)ALLMR739; 2008(1)BomCR271; 2007(6)MhLj387

..... . 2672 of 2007 squarely debunks the arguments of the learned advocate for the petitioners. these sections may be usefully reproduced for ready reference as under:section 37 of the securitization act: application of other laws not barred.--the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of the companies act, 1956 (1 of 1956), the securities contracts (regulation) act, 1956 ..... to those available under any other law.18. the contention of the learned advocate for the petitioner that insertion of clause (cci) in section 5 of the banking regulation act, without amending the provisions of clause (c) of section 5 of the said act, was impermissible, has to be rejected, because the legislature had to later on bring the co-operative societies undertaking banking within the ..... every bank has to be a banking company though every banking company may be a bank.11. the definitions of 'bank' and 'banking company' in clauses (c) and (d) of section 2(1) of the securitisation act, which are reproduced below, would bring out the distinction between the meaning of terms 'bank' and 'banking company'.(c) 'bank' means(i) a banking company; or .....

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