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Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Subject : Land Acquisition

of Chapters 1-B and 1-C of the Companies Act, 6 (2010) 11 SCC112 PART A1956as inserted by the Companies (Second Amendment) Act 2002 which provided for the constitution of a National Company Law Tribunal7 and the National Company Law Appellate Tribunal8 … court from which the adjudicatory power has been transferred… XXX functions are 128. There seems to be no doubt, whatsoever, that the Members of a … demonstrate an apparent disparity in 96 age of superannuation of Members and Chairpersons/Presiding Officers of different Tribunals. Illustratively, Section 14D of the Telecom Regulatory Authority of India Act, 1997 provides a Member of Telecom Disputes Settlement and

Pawan Goel Vs. Kmg Milk Food Ltd. and ors.

Court : Punjab and Haryana

Subject : CompanyLimitation

Reported in : [2008]142CompCas441(P& H); (2008)2CompLJ213(P& H); (2008)149PLR98; [2009]89SCL121(Punj& Har)

person aggrieved by any decision or order of the Company Law Board (made before the commencement of the Companies (Second Amendment) Act, 2002) may file an appeal to the High Court within 60 days from the date of communication of the … Limitation Act is applicable to the proceedings under the Customs Act in respect of an appeal provided under Section 128 and the time spent in the High Court in the abortive attempt to invoke the jurisdiction of the

N. Tirupataiah Vs. District Panchayat Officer and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Andhra Pradesh Panchayat Raj Act, 1994 - Sections 19(3) and 22(1); Andhra Pradesh Panchayat Raj (Amendment) Act, 2002

Reported in : 2005(1)ALD181; 2005(1)ALT426

accordance with law. The petitioner also filed Contempt Case No. 806 of 2002 against the second respondent. It is the case of the petitioner that … The third respondent was elected as Sarpanch of the village. The petitioner herein gave a complaint to the second respondent alleging that the third respondent incurred disqualification for being elected or for being continued as Sarpanch of … for third respondent cannot be accepted for yet another reason. After coming into force of the Constitution (Seventy-third Amendment) Act, 1992, the local bodies like Panchayats and Municipalities have been made subject-matter of the supreme law of the … Officer, who is second appellate authority under Section 128(2) of the Act as well as an authority … is having three children as on 29.8.2001, and therefore, incurs disqualification under Section 19(3) of the A.P. Panchayat Raj Act, 1994 (the Act, for brevity).2.

Jaypee Kensington Boulevard Apartments Welfare Association Vs. Nbcc (i ...

Court : Supreme Court of India

Subject : Land Acquisition

into three: one being the holding company of the corporate debtor JIL and the persons/entities related with these companies; second being the dissenting institutional financial creditor of the corporate debtor JIL; and third being the other stakeholders.12. In … the process under the Code. This Ordinance later on took the shape of the Insolvency and Bankruptcy Code (Amendment) Act, 2017 (No.8 of 2018) that came into force with retrospective effect from 23.11.2017. 4822.3. Apart from the above, … under the other investigations. NBCC has retained Prevention of Money Laundering the right to withdraw from its Resolution Act, 2002 (“PMLA”) against JIL. Plan in case the said relief is not granted.3. 858 acres of JIL’s land was … petition filed by one of the financial creditors, IDBI Bank Limited, under Section 7 of the Code. However, when the Interim Resolution Professional10 invited claims

Rajeev Suri Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

particularly on two grounds - (i) violation of the constitution; and (ii) violation of the enabling act. The second ground includes not only cases of violation of substantive provisions of the enabling act but also cases of … administrative orders or executive instructions without any statutory backing.14. It has been argued before us that formulation or amendment/ modification of a city’s Master Plan is not an administrative but a legislative exercise. Relying on the decisions … the opinion of the Heritage Transfer Case (C) No.229 of 2020 Page 128 of 179 Conservation Committee, such demolition/ reconstruction/alteration is undesirable. The Heritage Conservation … Authority of India and Others,20the dictum in Cynamide India Ltd. was followed. Section 11(4) of the Telecom Regulatory Authority of India Act, 1997, it was

State Of U.p. . Vs. M/s. Lalta Prasad Vaish And Sons

Court : Supreme Court of India

Subject : Land Acquisition

In the State of Bihar vs. Industrial Corporation (P) Ltd., (2003) 11 SCC465(“Industrial Corporation (P) Ltd.”), the respondent companies were engaged in the manufacture of rectified spirit from molasses allotted to them by the Controller of Molasses … the appellant therein, who had composite and multiple licences to manufacture potable liquor, was outside the sweep of second part of Rule 9 of the aforesaid Rules. That to such distilleries the first part of the Rule … State of Andhra Pradesh had prohibited the manufacture of liquor by an amendment in the Andhra Pradesh Prohibition Act, 1995. The appellants therein who were … denuded of its power to enact the Kerala Finance Act 7 of 2002. 18.7 Thus, when the State of Kerala intended to amend the State … of Civil Appeal No.151 of 2007 Etc. Page 128 of 241 “Fermentation Industries” in Entry 24 - … be committing an offence which is punishable under Section 49 of the aforesaid Act. Therefore, it was

Intex Technologies (India) Ltd. vs Union of India and Ors.

Court : Delhi

Subject : Service Tax

additional duty thus contemplated by the Explanation is that the article is produced or manufactured in India. The second limb to the Explanation deals with the situation where ‘a like article is not so produced or manufactured’. … letters submitted in 2022 cannot be held to be first application for amendment and must be treated as reminders/follow up letters only. […]6.4 There is … is not admissible, fulfilment of condition of Notification No.6/2002-CE dated 1st March, 2002 did not arise.80. However, the Supreme Court held to the contrary and … submitted that the Petitioner has belatedly filed the writ petitionsto get over the bar of limitation prescribed under section 128 of the Customs Act, 1962 for filing an appeal against the impugned orders dated 3rd March, 2017 &

M/S Jaina Mobile India Pvt. Ltd. vs Union of India and Ors.

Court : Delhi

Subject : Service Tax

additional duty thus contemplated by the Explanation is that the article is produced or manufactured in India. The second limb to the Explanation deals with the situation where ‘a like article is not so produced or manufactured’. … letters submitted in 2022 cannot be held to be first application for amendment and must be treated as reminders/follow up letters only. […]6.4 There is … is not admissible, fulfilment of condition of Notification No.6/2002-CE dated 1st March, 2002 did not arise.80. However, the Supreme Court held to the contrary and … submitted that the Petitioner has belatedly filed the writ petitionsto get over the bar of limitation prescribed under section 128 of the Customs Act, 1962 for filing an appeal against the impugned orders dated 3rd March, 2017 &

Jaina Marketing and Associates vs Union of India and Ors

Court : Delhi

Subject : Service Tax

additional duty thus contemplated by the Explanation is that the article is produced or manufactured in India. The second limb to the Explanation deals with the situation where ‘a like article is not so produced or manufactured’. … letters submitted in 2022 cannot be held to be first application for amendment and must be treated as reminders/follow up letters only. […]6.4 There is … is not admissible, fulfilment of condition of Notification No.6/2002-CE dated 1st March, 2002 did not arise.80. However, the Supreme Court held to the contrary and … submitted that the Petitioner has belatedly filed the writ petitionsto get over the bar of limitation prescribed under section 128 of the Customs Act, 1962 for filing an appeal against the impugned orders dated 3rd March, 2017 &

People's Union for Civil Liberties and Anr. Vs. Union of India (UOi) a ...

Court : Supreme Court of India

Subject : Election

Acts : Representation of the People Act, 1951 - Sections 30, 33A, 33B, 59, 94, 128 and 128(2); Representation of the People (Amendment) Act, 2002; Companies Act; Income Tax Act - Sections 276CC; Representation of People (Amendment) Act, 2003; Conduct of Election Rules, 1961 - Rules 4, 41(2) and 49O; Constitution of India - Articles 19(1), 19(2), 21, 32, 55, 66, 80(4), 324, 324(1) and 326;Representation of the People (Amendment) Ordinance, 1992

Reported in : (2009)5MLJ587(SC); 2009(3)SCALE22; (2009)3SCC200; 2009(2)LC850(SC):2009AIRSCW2819

to the Representation of the People (Amendment) Ordinance, 1992 (Ordinance No. 1/1992) and the Representation of the People (Second Amendment) Ordinance, 1992 (Ordinance No. 2/1992) by which provision for countermanding elections in certain circumstances was amended and period … the form of black money to the political parties, Parliament amended the Companies Act, Income-Tax Act and the Representation of the People Act. The object … by the Constitution to intervene because the legislative field, even after the passing of the Ordinance and the Amendment Act, leaves a vacuum. This Court in the case of Assn. for Democratic Reforms has determined the ambit of … was amended by Amending Act No. 3 of 2002 and Section 33A and Section 33B were inserted … Rules 41 and 49-O of the Rules are violative of Articles 19(1)(a) and 21 of the Constitution and Section 128 of the Act inasmuch as the provisions contained therein violate secrecy of the vote and voter. It is