Monday, April 13, 2015

[aaykarbhavan] Judgments and Information [1 Attachment]





New Motor Vehicle Act
Effective from tomorrow.
 
New Motor Vehicle Act passed on 11 March in Rajya Sabha.
Offence                            Fine
Four Wheeler 
Without Belt            Rs. 1000
Without PUC           Rs. 1500
Without Insurance   Rs. 10000
Without paper         Rs. 5000 and impound
Without license      Rs. 10000 and vehicle impound
    
All original papers should be taken along while Driving
Mobile while driving Rs. 5000
Drunken Driving Rs. 25000
Three time Memo &  License japt in both two and four wheelers.
After 3rd time of such offence...license stands cancelled pan India.
Please inform all.
Effective from tomorrow.


Centre may refer Jindal-Adani-GMR's coal bids to CCI; SEBI to hire IT Dept.Officers; US Court rejects SEBI plea

Centre may refer Jindal-Adani-GMR's coal bids to CCI; SEBI to hire IT Dept.Officers; US Court rejects SEBI plea



Revokes ban on 217-entities involved in Pyramid Saimira's share manipulation; Refers RBI Report

SEBI disposes proceedings, revokes ban / trading restrictions imposed on 217 entities vide an interim order (passed in 2009) for their role in market manipulation shares of Pyramid Saimira Theatre Ltd. ('PSTL'); Observes that "investigation did not reveal any trading in securities market by these entities, particularly in the scrip of PSTL", states that prohibition need not continue as entities have "undergone various periods of prohibition since April 23, 2009 (ranging from two-and-a-half to more than five years)"; Refers RBI Report which states that "there was no prima facie evidence of all or some of the transactions having been orchestrated by the list of 230 persons listed in SEBI Order with a view to camouflage their sole beneficial ownership of the funds and the income by their deployment through the intermediate sham accounts", and states that there is no further purpose in issuing show cause notice to these entities at this stage:SEBI

Restrains sub-syndicate member for 4-years, observes IPO-bid manipulation & fraudulent trade practices

SEBI upholds its interim order passed against Rikhav Securities Ltd. ('Noticee'), who acted as sub-syndicate member in an IPO, restrains it from acting as syndicate/sub-syndicate member for 4 years, observes grave market manipulation & fraudulent trade practices; Holds that Noticee inflated IPO-bid book by initially placing large orders on applicants' behalf and then withdrawing bids which contributed towards manipulating price at highest price band, holds that such act 'induced innocent investors' to subscribe the IPO; Rejects Noticees contention that it had very limited and 'clerical' role as sub-syndicate member to play in IPO process, observes that appointment letter of Noticee contains specific clause which states that Noticee will make good any defaults of its clients/investors and holds that an onerous responsibility is casted on Noticee and that the role is not 'mechanical' / 'clerical'; Relies on SAT Ruling in Kanchan Gaurav Raimalani v A.O., SEBI, which held that "in respect of the requirement of mens rea, it is observed that fraudulent or manipulative trade practices in securities market can be proved on the basis of 'preponderance of probability' and not 'beyond reasonable doubt' and states that mens rea's proof in manipulation cases need not be direct, but can be inferred from circumstantial evidence; Also relies on SC Ruling in N. Narayanan v. Adjudicating Officer SEBI, and holds that Noticee's conduct is without doubt, detrimental to safety & integrity of securities market and observes that cogent / convincing event trail conclusively establish charges of manipulation, which is not expected from SEBI registered intermediary as it threatens integrity of Indian securities market:SEBI

Upholds SEBI AO's penalty order for Takeover code non-compliance; Rejects 'non-functional' SE defense

SAT dismisses appeal, upholds SEBI Adjudicating Officer's (SEBI AO) order for penalising Appellant Co. (Listed Co.) for failing to make annual disclosures under SEBI Takeover Code; Rejects appellant's contention that since Delhi / U. P. Stock Exchanges on which its shares were listed were non-functional, making disclosures would have been inconsequential, states that "whether the trading had taken place or not once it is accepted that there is violation of Regulation of 8(3), then the appellants cannot escape penal liability"; Holds that filing of suo-moto consent applications, that too after a decade, will not 'enhance' Appellant Co.'s case and Appellant Co. cannot escape penal liability in any case; Relies on its observations in Comfort Fincap Ltd. vs. SEBI:SAT

Slaps Rs. 1Cr. penalty for non-compliance of summons & non-furnishing of information

SEBI imposes penalty of Rs.1 Crore on noticee for failing to furnish information w.r.t. trading in scrip of SEL Manufacturing Co. Ltd. ('SEL') and his relationship with SEL and SEL's directors/ promoters; Observes that "even though these two summonses were served on the Noticee, the Noticee neither appeared before the IA nor produced books of accounts / documents / reports / information / records to the IA which resulted in violation of the provisions of Section 11C(3) and Section 11C(5) of the SEBI Act"; States that non-compliance of summonses and consequent non-furnishing of information hampers investigation and acts as severe handicap in arriving at just and reasonable conclusion by Investigating Authority ('IA') within reasonable period of time; Relies on SAT observations in Asian Films Production and Distribution Ltd. Vs SEBI which held that "...Non-compliance with the summons is, indeed, a serious matter and cannot be viewed lightly……. Market players who do not cooperate with the regulator in the matter of investigations commit a serious wrong which can have serious repercussions in the market":SEBI


MCA issues CARO, 2015; Banking, Insurance cos, OPC kept out; Threshold for Pvt cos

MCA issues Companies (Auditor's Report) Order, 2015 ('CARO, 2015'); States that CARO, 2015 is applicable for Financial Year commencing on or after April 1, 2014 to every company including foreign co. but not applicable to banking co., insurance co., Sec. 8 co., one person co., small co. and private cos. with prescribed thresholds (paid capital and reserves not more than Rs. 50 Lacs and outstanding loan not exceeding Rs. 25 Lacs & turnover not exceeding Rs. 5 crores at any point during FY); Prescribes certain matters to be included in Auditors Report, i.e. statements relating to maintenance of proper records of fixed assets, physical verification of inventory by co. management, maintenance of certain statutory registers and having adequate internal control system which commensurate the size of business; Further the Auditor's report shall also include statements relating to maintenance of cost records, whether co. is regular in depositing undisputed statutory dues with authorities and whether co. has defaulted in repayment of dues to financial institutions / banks; CARO, 2015 shall come into force on the date of its publication in Official Gazette: MCA




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View attachments on the web

Posted by: Dipakkumar Shah <cadjshah@yahoo.com>


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