.....passed by the learned trial court decreeing the 1 suit for specific performance, the original plaintiff has preferred the present appeals.2. the facts leading to the present appeals in a nutshell are as under: - 2.1 that respondent no.1 herein – original defendant no.1 executed an agreement to sell dated 13.03.2007 in favour of the appellant herein – original plaintiff – buyer agreeing to sell the land in question on or before 31.07.2007 for a sale consideration of rs. 12,74,000/-. rs. 3 lakhs were paid as earnest money. the receipt was issued by respondent no.1 for the same. that thereafter, as respondent no.1 – seller did not execute the sale deed, the appellant got issued a legal notice dated 20.11.2007 asking the respondent(s) to receive the balance sale consideration and execute the sale deed. the seller replied to the legal notice vide reply dated 03.12.2007 denying the execution of agreement to sell. that thereafter, the appellant – buyer filed the suit for specific performance on 14.02.2008 vide o.s. no.17/2008. the original defendants – sellers filed their written statement and 2 opposed the suit. the defendants denied the execution of agreement to sell......
Tag this Judgment! Ask ChatGPT.....scheme, 2019” (hereinafter referred to as the “scheme of 2019”), the original writ petitioner has preferred the present appeal.2. the facts leading to the present appeal in nutshell are as under: that the appellant – company registered with the service tax department was a company engaged in providing hospitality services. the service tax department conducted investigations as to the evasion of service tax by the appellant and issued show cause notices demanding payment of service tax under various categories such as accommodation in hotels, inn, guest house, restaurant services, mandap keeper services etc. 2.1 proceedings under the insolvency and bankruptcy code, 2016 (hereinafter referred to as “ibc”) were initiated against the appellant – company. the nclt, delhi vide order dated 2 11.09.2018 admitted the application filed by the financial creditors of the appellant under section 7 of the ibc. thus, on and from 11.09.2018 the corporate insolvency resolution process against the appellant commenced and the appellant was subjected to moratorium under section 14 of the ibc on and from 11.09.2018. the committee of creditors constituted as per the provisions.....
Tag this Judgment! Ask ChatGPT.....bye-law stipulates that a member should (i) have attained the age of 18 years; (ii) be an occupier of land within the jurisdiction of the society/factory as owner or tenant; and (iii) cultivate sugarcane in a minimum area of 10 gunthas of land.5. in 2019, complaints were filed by respondents 3 to 8 while invoking the provisions of section 11 of the maharashtra cooperative societies act 1960. the complaints which were addressed to the registrar, sought the 2 removal of approximately 2000 members on the ground that they did not fulfill the conditions of eligibility.6. on 3 january 2020, the regional joint director (sugar) addressed a communication to the cooperative society adverting to the fact that the complainants had alleged that the members whose names were set out in a list of members attached as ‘annexure a’ were, as the case may be, not residing in the jurisdiction of the factory; not holding ten gunthas of land; and did not fulfill the requirements of eligibility in terms of the bye-laws. the notice to show cause also adverted to the fact that writ petitions were filed before the high court of judicature at bombay in which an order had been passed on 20 december.....
Tag this Judgment! Ask ChatGPT.....that the rectificatory jurisdiction under section 59 of the 2013 act is summary in nature and not intended to be exercised where there are contested facts and disputed questions. on the second issue, we have held that transactions falling within the jurisdiction of regulatory bodies created under a statute must necessarily be subjected to their ex- ante scrutiny, enquiry and adjudication. we have, therefore, rejected the contention that the national company law tribunal under section 59 exercises a parallel jurisdiction with securities and exchange board of india6 for addressing violations of the regulations framed under the sebi act.2. this is an appeal against the judgment of the national company law appellate tribunal7 (hereinafter referred to as ‘appellate tribunal’) whereby the appellate tribunal set aside the 3 hereinafter referred to as the ‘sebi (pit) regulations’ 4 hereinafter referred to as ‘the sebi act’. 5 (1998) 7 scc1056 hereinafter referred to as ‘the sebi’ or ‘the board’. 7 companies appeal (at) 240 of 2017 of the national company law appellate tribunal dated 06.12.2018 page 2 of 31 judgment of the national company law tribunal (hereinafter.....
Tag this Judgment! Ask ChatGPT.....counsel for the respondent.4. consideration of the questions, mentioned above and to be mentioned hereinafter, is called for, in the following factual background: the respondent, for its manufacturing needs, required commercial supply of natural gas. to facilitate the same on 30.05.2008 the appellant and the page 3 of 61 respondent entered into a gas sales agreement (gsa) whereby and whereunder the appellant was having the obligation to supply natural gas conforming to the specifications laid down in annexure-2, appended to gsa and it also forms part of the contract. going by clause 11.2 of gsa, notwithstanding any dispute in relation to any amount invoiced, the respondent could not withhold payment in accordance with the gsa. according to the appellant, the respondent defaulted payment of invoices inasmuch as it made only partial irregular payments from november, 2011. meanwhile, the respondent approached bifr to get it declared as a ‘sick unit’ and for recommendation of a plan for its rehabilitation, in terms of the provisions under sica. the reference was admitted by bifr as case no.13 of 2010 and as per order dated 31.08.2010 the respondent was declared as a ‘sick.....
Tag this Judgment! Ask ChatGPT.....cinema hall business to karnakishore debbarma and sahadeb kishore debbarma. the suit was decreed on 17.06.1983, and the gift deed was cancelled. the facts stated in this paragraph have been established and proved by the plaintiff.13. the plaint states that the hotel business of m/s. hotel khosh mahal limited had closed down due to heavy losses and mismanagement. civil appeal no.878 of 2009 page 7 of 27 thereupon, the land and building were given to m/s. indian airlines corporation limited. bidurkarta used to send rent received from the tenant to maharani chadratara devi. however, with the passage of time, the remittances became far and few, and they eventually stopped. bidurkarta had, in collusion with the defendants, transferred schedule ‘a’ property and schedule ‘b’ business to his wife defendant no.1- jyoti debbarma. defendant no.2- prabha ranjan debbarma, son of bidurkarta, an i.a.s. officer and a central government employee, would collect monthly rent from m/s. indian airlines corporation limited, though he had no connection with the schedule ‘a’ property.14. the plaint, post the amendment, had claimed that m/s. indian airlines corporation limited had vacated the.....
Tag this Judgment! Ask ChatGPT.....no.6694 of 2022 1 judgment dr dhananjaya y chandrachud, cji this judgment has been divided into the following sections to facilitate analysis:1. 0 facts .............................................................................................................................. 32.0 submissions .................................................................................................................. 73.0 analysis ....................................................................................................................... 103.1 state largesse: conflation of power and duty ....................................................... 113.2 judicial review of government contracts: extent and ambit ................................ 113.2.1 tender: a constitutional requirement?. ........................................................... 143.3 interpretation of paragraph 4(vi)(b) of the operational guidelines ...................... 193.4 validity of award of government contract to impcl ............................................. 21 2 part a1the first respondent, kerala ayurvedic co-operative society limited, instituted proceedings before the lucknow bench of the high.....
Tag this Judgment! Ask ChatGPT.....of such constitutional rights and is actionable as ‘constitutional tort”?. …” 4 ii. a brief backdrop 4. without a brief reference to the factual matrix, the questions to be answered by us may look abstract. therefore, we shall now refer to the background facts in both these cases.5. writ petition (criminal) no.113 of 2016 was filed under article 32 of the constitution praying for several reliefs including monitoring the investigation of a criminal complaint in fir no.0838/2016 under section 154 cr.p.c., for the offences under sections 395, 397 and 376d read with the relevant provisions of the protection of children from sexual offences act, 2012 (for short, ‘pocso act’) and for the trial of the case outside the state and also for registering a complaint against the then minister for urban development of the government of u.p. for making statements outrageous to the modesty of the victims. the case of the petitioner in writ petition (criminal) no.113 of 2016 in brief was that on 29.7.2016 when he and the members of his family were travelling from noida to shahjahanpur on national highway 91 to attend the death ceremony of a relative, they were waylaid by a 5.....
Tag this Judgment! Ask ChatGPT.....court held that whether parties can be said to have unequal bargaining power and whether a bargain is unfair or unreasonable must be decided on the facts and circumstances of each case: “89. … this principle is that the courts will not enforce and will, when called upon to do so, strike down an unfair and unreasonable contract, or an unfair and unreasonable clause in a contract, entered into between parties who are not equal in bargaining power. it is difficult to give an exhaustive list of all bargains of this type. … it will apply to situations in which the weaker party is in a position in which he can obtain goods or services or means of livelihood only upon the terms imposed by the stronger party or go without them. it will also apply where a man has no choice, or rather no meaningful choice, but to give his assent to a contract or to sign on the dotted line in a prescribed or standard form or to accept a set of rules as part of the contract, however unfair, unreasonable and unconscionable a clause in that 4 central inland water transport corporation v. brojo nath ganguly, (1986) 3 scc156 ireo grace realtech (p) ltd. v. abhishek khanna, (2021) 3 scc241 jacob punnen v......
Tag this Judgment! Ask ChatGPT.....the interest-tax act, 19741 on the interest component included in the hire-purchase instalments paid under the hire- purchase agreement?.3. the facts, in brief, are that the appellants – assessees are non- banking finance and leasing companies registered with the reserve bank of india. some of the appellants – assessees have been reclassified as hire-purchase finance companies. it is not disputed that the appellants – assessees are credit institutions within the meaning of section 2(5-a) of the act, which reads as follows: “(5-a) “credit institution” means,— (i) a banking company to which the banking regulation act, 1949 (10 of 1949), applies (including any bank or banking institution referred to in section 51 of that act); (ii) a public financial institution as defined in section 4- a of the companies act, 1956 (1 of 1956); 1 for short, ‘the act’. civil appeal nos.10201-10202 of 2010 & ors. page 2 of 21 (iii) a state financial corporation established under section 3 or section 3-a or an institution notified under section 46 of the state financial corporations act, 1951 (63 of 1951), and (iv) any other financial company;” it is also imperative to mention.....
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