Nevertheless the standing 358 orders when they were certified became operative and bound the employer and all his employees. 7 standing orders when certified come into operation subject to its other provisions. In effect, this Section recognizes the 'effects doctrine', namely, where an agreement results in sale of goods at such prices which would have the effect of eliminating competition or a competitor. , listing of GDRs with foreign stock exchange and that it is not concerned with the application to Indian stock exchanges for listing of underlying equity shares.

It is thus clear that the scope for the enquire before the certifying officer and the appellate authority under the original Act was extremely limited, and the right to claim a modification of the standing orders was not given to the employees prior to the amendment of s. , the custodian who physically hold the shares of the issuer on behalf of the depository and the overseas bankers, receiving all information, certification for due diligence and other documents, commencement and completion of due diligence for GDR issue, opening of bank account outside Advocate Supreme Court India, appointment of intermediaries, offer document and prospectus, decision to open the issue and price fixation, opening and closing of the issue, allotment of underlying equity shares, listing of GDRs with foreign stock exchanges and application to Indian stock exchanges for listing of underling equity shares.

The respondent alleged in the complaint that his fathers name i. Under Section 33(1)(j) of the Act, any agreement to sell goods at such prices as would have the effect of eliminating competition or a competitor is regarded as an agreement relating to restrictive trade practice and shall be subject to registration. Simply because it is able to make 130 copies in one minute would not make it a printing machine, but it was only a high quality photocopy machine with following features: He, thus, summed up his arguments by contending that printing and photocopying were somewhat overlapping in the instant case.

In the very nature of things, the sale of goods keeping in mind the definition of the word "goods" in Section 2(e) must be of goods imported into India, lawyers in Supreme Court the case like the present Raghuram has been purportedly used by the appellant portraying as if he is his natural father. Though technically such a submission made on behalf the respondents appears to be forceful, we are not able to countenance such a submission on a detailed consideration of the various provisions of the SEBI Act, 1992 read along with the definition of ˜securities under Section 2(h) of the SCR Act, 1956 in the manner Lawyers in Supreme Court of India which GDRs are to be dealt with under the 2000 Regulations read along with the 1993 Scheme provisions While referring to the above steps, it was fairly submitted by the learned senior counsel for the respondents that the role of the respondents as Lead Manager ends with the 13th step viz.

The ultimate rule in construing auxiliary verbs like `may' and `shall' is to discover the legislative intent; and the use of words `may' and 'shall' is not decisive of its discretion or mandates. , that issuance of GDRs requires as many as 14 steps such as authorization by the Board of Directors, Notification to the Stock Exchange, Issuer share holders approval, appointment of a Lead Manager and other intermediaries viz.

However, insofar as Risograph machine is concerned, unlike normal printing machines, original goes into the said machine and master copy is made inside the machine and then copies are prepared/taken. Subsequent to the said amendment workmen also have been given the rights to apply for such modification. The Act nowhere states that this agreement should be only in Advocate Supreme Court India or between Indian parties. nWhen we examine the said submissions of the learned senior counsel for the respondents, we find that the said submissions raised the following issues viz.

Respondent alleged that the act of the appellant using name of respondents father as his own father often created doubts among the near and dear ones about the legitimacy of the respondent- complainant and integrity and character of his father which had affected the respondents reputation. By stating so, it was contended that when such steps are taken for the ultimate listing of GDRs with foreign stock exchanges as Lead Manager the key role played is on the price fixing, opening of the issue and enabling the issuing company to market the GDRs at the global level, there is no scope to hold that SEBI can proceed against the respondents on the ground of any misfeasance or malfeasance in issuance of GDRs, having regard to the territorial jurisdiction within which SEBI can operate.

10 lays down that standing orders finally certified shall not, except on agreement between the employer and the workmen, be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into operation. The use of the words `may' and `shall' may help the courts in ascertaining the legislative intent without giving to either a controlling or a determinating effect. 10 prior to its amendment in 1956 authorised only the employer to apply for the modification of the standing orders.