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Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma Vs. Uni ...

Court : Supreme Court of India

Subject : Land Acquisition

the security interest that is relinquished by the secured creditor. It is submitted that the Committee noted that the Code aims to promote a collective liquidation process and towards this end, it encourages secured creditors to relinquish their … “Preferential Payments”, restricts Government dues to a period of 12 months and wages or salary of an employee to a period not exceeding 4 months … Verma …Appellant(s) Versus Union of India …Respondent(s) Writ Petition (C) No.421 of 2019 Page 1 of 74 JUDGMENT M.R. SHAH, J.Writ Petition (C) No.421 of … the secured creditors in the events such secured creditors has relinquished security in the manner set out in Section 52 of the IBC. It is further prayed that settlement of Workmen Dues should be done in accordance with

Garment and Textile Workers Union (R) (Gatwu) vs Chief Secretary

Court : Karnataka

30.12.2017 referred to above. On the effect of repeal of the Minimum Wages Act, 1948, in terms of the Code on Wages, 2019 (Code, 2019).58. Learned Senior counsel appearing for respondents No.5 and 6 also urged that the present Writ Petitions … to consider the effect of repeal of the Act, 1948 on the pending litigations, and the interplay of Section 69(2)(3) of the Code, 2019, and Section 6 of the General Clauses Act, 1897, (“Act, 1897”).2. The petitioner-Garments … savings are under Sections 6 (c) and (e) of the Act, 1897.- 52 -79. Applying the same analogy the rights of the partiesin W.P.No.14466/2023, to

Garment and Textile Workers Union (R) vs Chief Secretary

Court : Karnataka

30.12.2017 referred to above. On the effect of repeal of the Minimum Wages Act, 1948, in terms of the Code on Wages, 2019 (Code, 2019).58. Learned Senior counsel appearing for respondents No.5 and 6 also urged that the present Writ Petitions … to consider the effect of repeal of the Act, 1948 on the pending litigations, and the interplay of Section 69(2)(3) of the Code, 2019, and Section 6 of the General Clauses Act, 1897, (“Act, 1897”).2. The petitioner-Garments … savings are under Sections 6 (c) and (e) of the Act, 1897.- 52 -79. Applying the same analogy the rights of the partiesin W.P.No.14466/2023, to

Garment and Textile Workers Union (R) vs Chief Secretary

Court : Karnataka

30.12.2017 referred to above. On the effect of repeal of the Minimum Wages Act, 1948, in terms of the Code on Wages, 2019 (Code, 2019).58. Learned Senior counsel appearing for respondents No.5 and 6 also urged that the present Writ Petitions … to consider the effect of repeal of the Act, 1948 on the pending litigations, and the interplay of Section 69(2)(3) of the Code, 2019, and Section 6 of the General Clauses Act, 1897, (“Act, 1897”).2. The petitioner-Garments … savings are under Sections 6 (c) and (e) of the Act, 1897.- 52 -79. Applying the same analogy the rights of the partiesin W.P.No.14466/2023, to

Garment and Textile Workers Union (R) vs Chief Secretary

Court : Karnataka

30.12.2017 referred to above. On the effect of repeal of the Minimum Wages Act, 1948, in terms of the Code on Wages, 2019 (Code, 2019).58. Learned Senior counsel appearing for respondents No.5 and 6 also urged that the present Writ Petitions … to consider the effect of repeal of the Act, 1948 on the pending litigations, and the interplay of Section 69(2)(3) of the Code, 2019, and Section 6 of the General Clauses Act, 1897, (“Act, 1897”).2. The petitioner-Garments … savings are under Sections 6 (c) and (e) of the Act, 1897.- 52 -79. Applying the same analogy the rights of the partiesin W.P.No.14466/2023, to

Paschimanchal Vidyut Vitran Nigam Ltd. Vs. Raman Ispat Private Limited

Court : Supreme Court of India

Subject : Land Acquisition

has relinquished security in the manner set out in section 52; (c) wages and any unpaid dues owed to employees other than workmen for the … the mainstay of the entire resolution process. Upon admission of the application, a moratorium under Section 14 of the Code is to be declared by the Adjudicating Authority followed by a public announcement indicating the last date for … the corporate debtor, taking into 19 K. Shashidhar v. Indian Overseas Bank, 2019 (3) SCR845 20 Committee of Creditors of Essar Steel India Limited v. … IBC stipulates alteration in the priority of payment of government dues.14. It was argued that in terms of Section 52(3), before realization of security interest by secured creditors, the liquidator had to verify the existence of security interest

The Liquidator of the Corporate Debtor vs the State of Kerala

Court : Kerala

moratorium which was in force from 10.07.2017 ceased to have effect from 15.01.2018. Under Section 14(1) (a) of the Code, on declaration of moratorium, the institution of suits or continuation of pending suits or proceedings against the Corporate Debtor … by the Deputy Labour Commissioner, Thrissur, the Controlling Authority under the Minimum Wages Act, 1948, directing the Corporate Debtor, represented by the Liquidator to pay … DAY OF APRIL 2022 / 18TH CHAITHRA, 1944 WP(C) NO. 22096 OF 2019 PETITIONER: THE LIQUIDATOR OF THE CORPORATE DEBTOR, VIZ., M/S. ORIEON KURIES AND … order as referred to in sub-clauses (i), (ii) and (iii) of clause (b) of sub-section (1).(5) Subject to section 52, when a liquidationorder has been passed, no suit or other legalproceeding shall be instituted by or against the

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

Court : Supreme Court of India

Subject : Land Acquisition

stay order passed by this Court were projected with reference to the scheme of the provisions contained in the Code. On the other hand, it was argued on behalf of the homebuyers that they were of lower and middle … some more observations. This gave rise to further appeals in this Court, led by Civil Appeal No.8437 of 2019 [@ D No.27229 of 2019].: Jaiprakash Associates Limited and Anr. v. IDBI Bank Ltd. and Anr.13, which were … 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 … interests of the homebuyers in a real estate project and to allow 52 them a statutory status in the insolvency resolution process. Unfortunately by the

The Canara Bank vs the State of Karnataka

Court : Karnataka Dharwad

in any law for the time being in force, save as otherwise provided in the Insolvency and Bankruptcy Code, 2016 (31 of 2016), any amount payable by a taxable person or any other person on account of … a secured creditor in the event such secured creditor has relinquished security in the manner set out in section 52;(c) wages and any unpaid dues owed to employees other than workmen for the period of twelve months preceding

State Tax Officer (1) Vs. Rainbow Papers Limited

Court : Supreme Court of India

Subject : Education

a secured creditor in the event such secured creditor has relinquished security in the manner set out in Section 52; (c) wages and any unpaid dues owed to employees other than workmen for the period of twelve months … xxx 16. On filing of the application by the RP under Section 30(6) read with section 31 of the Code, notices were issued to the CoC and suspended management. CoC approved and conceded to the fact of filing … to as ‘IBC’, is against a judgment and order dated 19th December, 2019, passed by the National Company Law Appellate Tribunal (NCLAT) dismissing Company Appeal