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Judgment Search Results Home > Cases Phrase: securities contracts regulation amendment act 2007 section 2 amendment of section 2 Court: delhi Page 1 of about 4,607 results (0.216 seconds)

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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Aug 26 2015 (HC)

M/s. SICPA India Private Limited Vs. Kapil Kumar and Others

Court : Delhi

..... occurrence of any event of default, the loan balance shall become payable.article 2security and margin a. primary security 2.1. each loan facility balances shall be secured by any or all of the following: securities mean securities as defined under section 2(h) of the securities contract regulation act, 1956 (as amended from time to time) and also includes debentures, bonds, rbi relief bonds deposits, collateralized debt obligations and securitised debt ..... the fundamental character of the suit. (underlining by us) 12.37. in this regard, mr. vikas arora has placed the pronouncement reported at air 2007 allahabad 29, bhu deo v. district judge, etah and ors., wherein the amendment was rejected for the reasons that firstly, it was sought at a very late stage without giving any explanation whatsoever for not having mentioned ..... litigation on the limited judicial resources, which it is compelled to spend unnecessary time thereon. 24.26. this was also noted by this court in the judgments reported at 138 (2007) dct 62, goyal mg gases pvt. ltd. v. air liquid deutchland gambh and ors. and ilr (2012) iv del 110, punjab national bank v. virendra prakash. 24.27. in ashok ..... they were getting loan on better interest rates from icici bank, the defendant no.6 released the dlf property from the flat buyer agreement on 1st september, 2007 and also got its lien removed from the dlf in favour of icici bank. defendant no.6, however, obtained a pari passu charge over the dlf penthouse with the icici .....

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Apr 18 1990 (HC)

Rajesh Kumar Maheshwari Vs. Union of India and Others

Court : Delhi

Reported in : [1992]73CompCas155(Delhi); 41(1990)DLT201

..... it asked the governing body to show cause within ten days why it 'should not be superseded in accordance with the provisions of section 11 of the securities contracts (regulation) act, 1956, for non-compliance with the government's direction and having acted in a manner prejudicial to public interest'. 12. on january 15, 1987, the delhi stock exchange wrote to the secretary, government ..... stock exchange had built its own building from capital contributed by members before the securities contracts (regulation) act, 1956, came into force and before any listing fee income had accrued to the stock exchange. 15. the alternative proposal suggested was that the memorandum and the articles of association be amended 'to increase the total of 125 shares by public issue without any rights, ..... the association after becoming members'. 16. the permission, approval, consent, etc., was sought from the government expeditiously so that the delhi stock exchange could implement and carry out the amendments, and the further increase of share capital before february 18, 1987. 17. on february 5, 1987, the government of india replied to the letter of the delhi stock ..... public issue of shares; and (b) 125 members through dilution of the shareholding of each member from two shares to one share. necessary amendments in the articles of association of the exchange be made in this regard. (ii) all new members to pay an admission fee of rs. 1 lakh each. (iii) new members admitted through public issue of shares .....

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Apr 18 1990 (HC)

Raiesh Kumar Maheshwari Vs. Union of India and ors.

Court : Delhi

Reported in : AIR1992Delhi68

..... , it asked the governing body to show-cause within ten days why it 'should not be superseded in accordance with the provisions of section ii of the securities contracts (regulation) act, 1956 turn non-compliance with government's direction and having acted in a manner prejudicial to public interest'. , (12) on 15th january, 1987 the delhi stock exchange wrote to the secretary, government ..... exchange had built its own building from capital contributed by members before: the securities contracts (regulation) act, 1956 came into force and before any listing tee income had accrued to the stock exchange. (15) the alternative proposal suggested was that the memohiadum and articles of association be amended 'to increase the total of 125 sales by public issue without any rights ..... association after becoming members. (16) the permission, approval, consent etc. was sought from the government expeditiously so that the delhi stock exchange could implement and carry out the amendments. and the further increase of share-capital before 18th february. 1987. (17) on 5th february. 1987 the government of india replied to the letter of the delhi stock ..... , 1986. 'based on the assessment' of these meetings, it was proposed to pass a resolution 'to increase the membership from 125 shares to 250 shares by amending the articles of association with regard to qualification share for becoming a member'. further an extraordinary general meeting of the members of the association was being convened for 6th .....

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Jul 11 2013 (HC)

The Commissioner of Income Tax Delhi-iv Vs. Dlf Commercial Developers ...

Court : Delhi

..... the commodity or scrips, it would not be deemed to be speculative transaction. by the amendment made w.e.f. 01.04.2006, four categories of contracts including the one provided under section 43(5)(d) i.e. transaction in respect of trading and derivative as defined under securities contract (regulation) act, 1956 are not to be deemed to be speculative transaction. however, counsel drew strength from ..... the tribunal impugned in the present case. he highlighted the fact that the trade and transactions in derivatives as defined under section 2 of the securities contract (regulation) act, 1956, were specifically excluded from the definition of speculative transactions. even though that definition was in section 43(5), yet neither the tribunal nor the court could ignore it since there was no other definition of derivatives in ..... may arise in the ordinary course of his business as such member (or) (d) an eligible transaction in respect of trading in derivatives referred to in clause {(ac)} of section 2 of the securities contracts (regulation) act, 1956 (42 of 1956) carried out in a recognized stock exchange;] shall not be deemed to be a speculative transaction, [explanation four the purpose of this clause, the expressions .....

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Aug 07 2014 (HC)

Anuradha Shastri Vs. Religare Securities Ltd.

Court : Delhi

..... the meaning of section29(2) of the limitation act or is a contract to be governed by section 28 of the contract act. the plea of the byelaws being a law is raised for the reason of the byelaws having been framed under section 9 of the securities contracts (regulation) act, 1956 (securities act). the said act was enacted to prevent undesirable transactions in securities, by regulating the business of dealing ..... periods of prescription, void to that extent. after the said amendment, the arbitrators are to themselves apply the amended section 28 of the contract act and section 43(3) of the arbitration act, 1996 cannot be understood as vesting such power in court only, notwithstanding amendment to section 28. i have recently in punj lioyd ltd. v. national highways authority of ..... cases of undue hardship. .............20. however, soon after the coming into force of arbitration act, 1996 w.e.f. 22nd august, 1996, section 28 of the contract act was amended w.e.f. 8th january, 1997. the purport and effect of the amendment was to make contracts providing for such forfeiture/extinguishment of rights or permitting the parties to prescribe their own ..... of the same arising, however which is not a valid legal ground because of section 28 of the indian contract, 1872 act as amended w.e.f 8.1.1997 by act 1 of 1997. as per the amendment made to section 28 by act 1 of 1997, any contract which extinguishes the rights prior to the extinguishing of the limitation period, then such .....

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Oct 01 1995 (HC)

L.M.L. Limited Vs. Saraswati Trading Company Limited and ors.

Court : Delhi

Reported in : 1995(35)DRJ233

..... which is now sought to be recovered from the defendants is unpaid sale consideration or loan and in case it is a loan whether the suit is barred by section 22 of securities contract regulations act? 2.whether the plaintiffs are entitled to stay in respect of entire lot of shares or only in respect of that number of shares by the sale of which the ..... to plaintiff no.1 and was never intended to create any right in favor of any person. it is also contended that this letter will be hit by sections 13 and 14 of securities contract regulations act because direct sale of shares is not permissible in respect of company which is listed with the stock exchange and that memorandum of understanding dated 17th august, 1990 ..... amount of rs.9.45 crores will be secured ?) under section 22 of the sick industrial companies (special provisions) act, no suit or proceedings for enforcement of any guarantee in respect of any ..... suit. (5) defendant nos.1 and 2 have filed written statement, while no written statement has been filed by defendant nos.3 and 4. instead defendant no.3 has filed an application under section 15 and 16 read with section 22 of the sick industrial companies (special provisions) act 1985 as amended by the sick industrial companies (special provisions) amendment act (12) of 1994. defendant no.3 .....

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Feb 29 1980 (HC)

Delhi Stock Exchange Association Ltd. Vs. Commissioner of Income-tax, ...

Court : Delhi

Reported in : [1980]126ITR532(Delhi)

..... had again to request the assessed not to indulge in this practice. moreover, counsel for the assessed has not been able to make out that under the securities (contracts) regulation act, 1956, the govt. of india could have imposed on the assessed any condition of this type. on the contrary, if the government had been able to ..... our opinion on the questions set out earlier as to the eligibility of the assessed to exemption under s. 11 of the i.t. act.section 11 of the i.t. act, 1961, to the extent relevant for our present purposes and as it stood at the relevant time, conferred exemption in respect of the following ..... this was the round on which its claim based on which its claim based on mutuality was rejected. till december, 1973, when art. 103(xiv) was amended, it read as follows :'to set aside out of the profits of the assessed such sums as they think proper as a reserve fund to meet contingencies ..... trust' will include also any legal obligation - vide expln. 1 to s. 13(b). it is also well settled that the word 'property' used in this section is a word of very wide import and also includes a business undertaking - see also s. 11(4). the question, thereforee, is whether it can be said ..... while, for the assessment year 1967-68, he came to the conclusion that only a part of the income was entitled to the exemption under the above section. for the assessment year 1969-70, however, the aac dismissed the assesseds appeal for the reasons that will be presently stated.for the assessment years 1966 .....

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May 11 2012 (HC)

M/S. Radiant Overseas Pvt. Ltd. Vs. Insurance Regulatory and Developme ...

Court : Delhi

..... india. moreover, the objects and reasons of the amending act of the year 1944 by which proviso aforesaid was added to section 46 show that the proviso was added to remove the defect in the said provision which was seriously interfering with the normal business of marine insurers in as much as marine insurance contracts were international in scope and affected mostly for the ..... an arbitrary, unreasonable restriction, interference with the travel to the said countries. the argument given by the counsel for the respondent no.1 irda of the necessity of licencing for securing the interest of the insured, also does not apply. the grievance or the claims if any against the said foreign insurance companies cannot be addressed by the respondent no.1 ..... issued by an insurer in respect of insurance business transacted in india after the commencement of this act shall have the right, notwithstanding anything to the contrary contained in the policy or in any agreement relating thereto, to receive payment in india of any sum secured thereby and to sue for any relief in respect of the policy in any court of ..... regulatory and development authority (licensing of insurance agents) regulations, 2000 contended that the insurance agent also has to be licenced. it is further argued that the requirement for licencing is essential to enable the irda to, in the event of a complaint, take necessary action. 11. the counsel for the respondent no.2 uoi has stated that grant of no objection by .....

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Nov 16 2006 (HC)

Commissioner of Income Tax Vs. Divine Leasing and Finance Ltd.

Court : Delhi

Reported in : (2007)207CTR(Del)38; [2008]299ITR268(Delhi)

..... rs.9,53,500/- made under section 68 the assessment was made on this sum. the itat noted that the assessed was a public limited company which had received subscriptions to the public issue through banking channels and the shares were allotted in consonance with the provisions of the securities contract regulation act, 1956 as also the rules & regulations of the delhi stock exchange. complete ..... prescribed period, perhaps not exceedings three years. thereafter the shares could automatically stand transferred to the state on the principle of escheat. for these events to happen, requisite amendments to the it act may be required.18. we shall now turn our attention to the facts and details of the present appeals. the appeal of the revenue in respect of assessment years ..... the other three.16. in this analysis, a distillation of the precedents yields the following propositions of law in the context of section 68 of the it act. the assessed has to prima facie prove (1) the identity of the creditor/subscriber; (2) the genuineness of the transaction, namely, whether it has been transmitted through banking or other indisputable channels; (3) the creditworthiness ..... regard to the factual aspects of any appeal where there are concurrent conclusions of the lower authorities. the assessed as well as the revenue had assailed the order dated 22-2-2002 of the cit(a) pertaining to the assessment year 1989-90. we are presently concerned with the dispute raised by the revenue relating to the deletion of the .....

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