controlled by the Appellant, the three
companies were related parties in terms of AS-18 as the same were squarely covered
by the definition ... Companies Act, 1956, but has
also applied the definition of 'Control' as given in the Substantial Acquisition of
Shares and Takeovers Regulations
company cannot amount to
control. "Control" here, as contrasted with
"management", means de facto control of actual
management or policy decisions ... expression "control"
denotes only positive control and further the word "control" as
contrasted with management means de facto control of actual
found in any provision of the Delhi Rent
Control Act 1958 or the rent control legislation of any
other State. It is an expression coined ... used in any rent control legislation
the concept of statutory tenant finds recognition in almost
every rent control legislation. The definition of 'tenant
decide--
Delhi Rent Control Act 1958- Sec. 2(1) --Definition in
Delhi Rent Control Act whether applicable in Slum Clearance
Act .
HEADNOTE:
The respondent ... tenant within the meaning of the Delhi Rent Control Act and
that the definition of the word 'tenant' as contained in
that
expression control in regulation 2(c) control, shall include the right to appoint majority of the directors or to control the management or policy decisions ... submitted that the definition is an inclusive definition, which enables SEBI to ascertain as to the nature of control, by enquiry. In this context
legal representatives of the
deceased tenant. Under the Delhi Rent Control Act, 1958 , the
definition of ‗tenant' does not include a person against whom ... tenant within the meaning of the Delhi Rent Control Act
and that the definition of the word "tenant" as
contained in that
contained in the Bombay Rents, Hotel and Lodging House Rtes control Act, 1947. The definition there in addition to being analogous to the definition ... section 2 (2) of the Madras Buildings (Lease and Rent Control) Act, 1960. The definition included the words 'any fittings affixed by the landlord
without being fettered by it?
The Change (a)
Old Definition:
3. The original definition of 'tenant' in Section 2(1) in the principal ... definition was substituted by the new definition with a retrospective effect which went back to the very commencement of the Delhi Rent Control
market
which would make MGG the majority shareholder of BOCL (creating a
controlling interest). Clause 6.1 of AGREEMENT-II reads;
“6.1 Right of First Refusal ... directly or
indirectly controlled by or under direct or indirect common control with
the Hoechst Group. For the purposes of this definition “control” means
ownership
quantum of control amongst
them constitute change in control of management:
PROVIDED that the transfer from joint control to sole control is
effected in accordance ... such
acquisition of control, such control shall not be deemed to be a
change in control.”
Even though the definition of “control