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Forum For Peoples Collective Efforts (fpce) Vs. The State Of West Beng ...
Supreme Court of India
May-04-2021
Land Acquisition
largely unregulated. There is, thus, absence of professionalism and standardization and lack of adequate consumer protection. Though the Consumer Protection Act 1986 is available as a forum to the buyers in the real estate market, the recourse is only curative … type of use ancillary to the purpose specified;” (iii) The provisions of the RERA are comprised in ten Chapters. Broadly, the division is as follows: Chapter I Preliminary Chapter II Registration of Real Estate Projects and Registration … by the Authority. (2) If any promoter does not comply with the 74 PART E Section and Title Provision Section and Title of WB-HIRA of
Tag this Judgment! AI Brief & AskManish Kumar Vs. Union Of India
Supreme Court of India
Jan-19-2021
Land Acquisition
Regulation and Development Bill was introduced in the Rajya Sabha in 2013. Noticing the fact that though the Consumer Protection Act, 1986 is available as a Forum in the real estate market for the buyers, the recourse is only curative … following persons shall not be entitled to make an application to initiate corporate insolvency resolution process under this Chapter, namely: - (a) a corporate debtor undergoing a corporate insolvency resolution process; or (b) a corporate debtor having … In turn Section 3(19) defines ‘insolvency professional’ as the person enrolled under 74 Section 206 with an insolvency professional agency as its member and registered
Tag this Judgment! AI Brief & AskKishore Lal Vs. Chairman, Employees State Insurance Corporation
Supreme Court of India
May-08-2007
Consumer
Employees' State Insurance Act, 1948 - Sections 38, 39, 40, 40(2), 46, 46(1), 55A, 56, 59, 68, 70, 74, 75, 75(1), 75(2), 75(3) and 95; Consumer Protection Act, 1986 - Sections 2(1); Employees' Provident Fund Act - Sections 5; Employees' State Insurance (Central) Rules, 1950 - Rules 56, 57, 58, 60 and 61
AIR2007SC1819; 2007(4)ALD36(SC); 2007(3)AWC3082(SC); 2007(2)BLJR1653; 2007BusLRSN-2(SC); (2007)2CompLJ385(SC); I(2008)CPJ13(SC); 2007(3)CTC561; [2007(114)FLR219]; [2007(3)J; 2007LawHerald(SC)1696
the appellant's wife was a direct result of the wrong diagnosis. The appellant filed a complaint under the Consumer Protection Act, 1986 (hereinafter referred to as 'the CP Act') before the District Consumer Disputes Redressal Forum seeking (i) compensation towards … to recover the contribution made for the employee by deducting the same from the wages of the employee. Chapter V of the ESI Act deals with benefits. Sub-section (1) of Section 46 falling within this Chapter contemplates … is to be decided by the Employees' Insurance Court established under Section 74 of the ESI Act and it being a special Act the jurisdiction
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M/s Newtech Promoters And Developers Pvt Ltd. Vs. The State Of Uttar P ...
Supreme Court of India
Nov-11-2021
Land Acquisition
for enforced accountability towards builders and developers in the absence of an effective mechanism in place. Though, The Consumer Protection Act, 1986 5 was available to cater the demand of home buyers in the real estate sector but the experience … is beneficial not only to the home buyers but to the promoters and real estate agents as well.15. Chapter II of the Act relates to the registration of real estate projects. Section 3 mandates prior registration of … powers and functions of the authority, by a general or special order, 74 if delegated to a single member of the authority is indeed within
Tag this Judgment! AI Brief & AskSuper Cassetts Industries Ltd. Vs. Music Broadcast Pvt. Ltd.
Supreme Court of India
May-03-2012
Intellectual Property Rights
Copyright Act, 1957 - Section 31(1)(b), 19-A, 52(1)(j)(4); Armed Forces Tribunal Act, 1985 - Section 41(1); Code Of Civil Procedure (CPC) - Section 151; Trade Marks Act - Section 25(i); Indian Copyright Act, 1914 - Section 72; Copyright Act, 1911 - Section 4; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Section 22(1), 19(1)(6); Code of Criminal Procedure (CrPC), 1973, - Sections 345, 346 ; Indian Penal Code (IPC) - Sections 193, 228, 125
recalled upon to consider as to whether the District Forum and the State Commission as established under the Consumer Protection Act, 1986, had the power to recall an ex parte order. After examining various provisions of the Consumer Protection Act, … formulated for the functioning of the said Board. Section 11 of the Act, which comes within the said Chapter, provides for the constitution of a Copyright Board, which would hold office for such period and on such … Copyright Board with the authority to regulate its own procedure and Section 74 conferred certain limited powers of a civil court on the Board, the
Tag this Judgment! AI Brief & AskArjan Singh and Others Vs. State of Punjab and Others
Punjab and Haryana
Dec-22-2015
Land Acquisition
[2002] 3 SCR 1167, the Supreme Court negatived the argument raised that the State Commission constituted under the Consumer Protection Act, 1986 has no power to accept a reply filed beyond a total period of 45 days. It was held … payment of such fees as may be prescribed by rule under section 74. xx xx xx Section 38. Notice of proposed acquisition of land.-- (1) … by publication of a notification under Section 36 of the Act without finalizing the scheme as contemplated under Chapter-IV of the Act and also that the notification under Section 42 of the Act was published without issuing
Tag this Judgment! AI Brief & AskEurofinance Sa and Others Vs. RubIn and Others
UK Supreme Court
Oct-24-2012
MRTP
Canada. 58. By about 2005 TCT's business ceased after the Attorney General of Missouri brought proceedings under Missouri's consumer protection legislation which resulted in a settlement involving a payment by the trustees of US$1,650,000 and US$200,000 in costs. … Mr Irving Picard ("the trustee"), the trustee for the liquidation in the United States under the Securities Investor Protection Act of 1970 ("SIPA") of Bernard L Madoff Investment Securities LLC ("Madoff"), which was Bernard Madoff's broking company. The … Regulations 2006 (SI 2006/1030) ("CBIR")), which applies generally, or the assistance provisions of section 426 of the Insolvency Act 1986, which applies to a limited number of countries, including Australia. 2. In Rubin a judgment of the US … Inc [1993] BCLC 112 an English injunction against a Texas corporation in Chapter 11 proceedings was discharged; cf In re African Farms Ltd [1906] TS … on the day on which the administration began. 74. In April 2002 the liquidator caused proceedings to
Tag this Judgment! AI Brief & AskBombay Chemicals Ltd. Vs. Commissioner of Central Excise
Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Nov-09-2005
Land Acquisition
55/75 dated 1st March 1975 as amended and that from 1st March 1986 the product was classifiable under Chapter sub-heading 3808.10 and chargeable to NIL … dated 12th July 1994 was issued to them proposing credit of the amount claimed as refund to the Consumer Welfare Fund as incidence of duty of excise in relation to which the refund was claimed had been … if it is accepted that for a certain period the duty was paid under protest, it will not protect the assessee against the bar of unjust enrichment in the light of the Apex Court decision in the … classifiable under Tariff Item 68 of the schedule to Central Excise Tariff Act and eligible for exemption from duty under Notification No. 55/75 dated 1st
Tag this Judgment! AI Brief & AskJindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.
Supreme Court of India
Nov-11-2016
Right to Information
State tax which is capable of being passed on and has been passed on by traders to the consumers infringes Article 301 of the Constitution?. (9) Whether a tax on goods within the State which directly impedes … not produced within the taxing state.8. Article 304 (a) frowns upon discrimination (of a hostile nature in the protectionist sense) and not on mere differentiation. Therefore, incentives, set-offs etc. granted to a specified class of dealers for … such petition that assailed the constitutional validity of the Haryana Local Development Act, 2000. Relying upon the decisions of this Court in Atiabari Tea Co. … sovereignty. Cooley in his Book on Taxation - Volume-1 (4th Edn.) in Chapter-2 recognises the power of taxation to be inherent in a sovereign State.
Tag this Judgment! AI Brief & AskMineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...
Supreme Court of India
Jul-25-2024
Land Acquisition
(2012) 7 SCC106 [41].. 22 State of West Bengal v. Committee for Protection of Democratic Rights, (2010) 3 SCC57130 PART E matters enumerated in List … v. State of UP, Civil Appeal No.3869 of 2014. 7 Section 89, Bihar Coal Mining Area Development Authority Act 1986. [It reads: Levy of Tax on Use of Land for Other Than Agricultural and Residential Purposes - (1) … the control of the Union to the extent indicated in the statute.63. Chapter II of the MMDR Act deals with general restrictions on undertaking prospecting … awareness of the compelling need to restore the 74 Fomento Resorts & Hotels Ltd. v. Minguel Martins, … provides that the holder of a mining lease shall pay royalty in respect of any mineral removed or consumed from the leased area at the specified rates. In India Cement Ltd. v. State of Tamil Nadu,2 a
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