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
target
company or control over the target company.
(2) Without prejudice to the generality of this
definition, the following persons will be deemed ... promoter group, they were in control of company while acting in
concert. This Tribunal took into consideration the definition of
'person acting in concert
control over the target
company, either by himself or with any person
acting in concert with the acquirer."
33. From the aforesaid definition ... target
company or control over the target company.
(2) Without prejudice to the generality of this
definition, the following persons will be deemed
Second Amendment)
Regulations, 2002. By this amendment, the definition of
the „promoter‟ included persons in control of a Company,
directly or indirectly, whether ... control and, therefore, held that the
expression "control" defines only positive control. The
Supreme Court approved the decision of this Tribunal in
Subhkam
voting rights in the target company,
or acquires or agrees to acquire control over
the target company, either by himself or with
any person acting ... target
company or control over the target company.
(2) Without prejudice to the generality of this
definition, the following persons will be
deemed
voting rights in the target
company, or acquires or agrees to acquire
control over the target company, either by
himself or with any person acting ... target
company or control over the target company.
(2) Without prejudice to the generality of this
definition, the following persons will be
deemed
arrangement, which would
fall within the definition of a collective investment
scheme. Section 2 (ba) under the definition clause
states that a collective investment scheme ... wider definition by the legislature in all
its wisdom when the law was finally spelt out in
terms of the definition of CIS as provided
voting rights in the target company,
or acquires or agrees to acquire control over
the target company, either by himself or with
any person acting ... target company or
control over the target company.
(2) Without prejudice to the generality of
this definition, the following persons will
be deemed
voting rights in the
target company, or acquires or agrees
to acquire control over the target
company, either by himself or with any
person acting ... target
company or control over the target
company.
(2) Without prejudice to the generality
of this definition, the following
persons will be deemed
minimum level of
diligence in verifying the accounting systems and internal
controls of SCSL, though accounting manipulations were
going on "quarter after quarter ... preceded such omissions or
commissions clearly contained the key ingredients of the
definition of fraud as laid down in SEBI (Prohibition of
Fraudulent and Unfair
