Court : Supreme Court of India
..... the number as may be specified, other than the creditors covered under clause (a) or sub-section (6), the interim resolution professional shall make an application to the adjudicating authority along with the list of all financial creditors, containing the name of an insolvency professional, other than the interim resolution professional, to act as their authorised representative who shall be appointed by the adjudicating authority prior to the first meeting of the committee of creditors; (c) is represented by a guardian, executor or administrator, such person shall act ..... such plot, apartment or building, as the case may be, is given on rent; section 2(zn): real estate project means the development of a building or a building consisting or apartments, or converting an existing building or a part thereof into apartments, or the development of land into plots or apartments, as the case may be, for the purpose of selling all or some of the said apartments or plots or building, as the case may be, and includes the common areas, the development works, ..... any asset over which the corporate debtor has ownership rights as recorded in the balance sheet of the corporate debtor, or with information utility or the depository of securities or any other registry that records the ownership of assets including- (i) assets over which the corporate debtor has ownership rights which may be located in a foreign country; (ii) assets that may or may not be in possession of the corporate debtor; (iii) .....
Tag this Judgment!Court : Supreme Court of India
..... after setting out article 12 of the india-japan dtaa, which is in the same terms as article 12 of the india-singapore dtaa and the other dtaas that we are concerned with, and after adverting to the definition of royalty that is contained in explanation 2 to section 9(1)(vi) of the income tax act, the aar then set out, from the locus classicus on copyright law, the following passage: before entering into a discussion on the applicability of the royalty definition, it is appropriate to recapitulate certain basic principles concerning the copyright as a legal concept. ..... the transfer of the ownership of the physical substance, in which copyright subsists, gives the purchaser the right to do with it whatever he pleases, except the right to reproduce the same and issue it to the public, unless such copies are already in circulation, and the other acts mentioned in section 14 of the copyright act. ..... that apart, the copyright act or the income-tax act or the dtac does not use the expression copyrighted article , which could have been used if the intention was as claimed by the applicant. ..... hence, apart from section 9(1), sections 4, 5, 9, 90, 91 as well as the provisions of dtaa are also relevant, while applying tax deduction at source provisions. .....
Tag this Judgment!Court : Supreme Court of India
..... this is all the more applicable in the case of tax statutes where persons arrange their affairs on the basis of the legal position as it exists. ..... this being the case, it is obvious that the beneficial purpose of the exemption contained in section 3(1)(b) must be given full effect to, the line of authority being applicable to the facts of these cases being the line of authority which deals with beneficial exemptions as opposed to exemptions generally in tax statutes. ..... we are afraid, the contention cannot be accepted in the wake of clear law laid down by this court in vadilal chemicals case (2005) 6 scc292 we have already shown as to how the decision in that case is applicable to the present situation. ..... the decision of the apex court relied on by the learned government pleader also does not have any application to the facts of this case. ..... in our view the law laid down in this decision is applicable to the present case on all fours. ..... in both cases, the state claims that no exemption should be granted as residential accommodation for nuns and hostels for students would be for residential as apart from religious or educational purposes and would not therefore be covered by the exemption contained in section 3(1)(b) of the act.4. ..... the principle stated therein does not have any application to the facts of this case.7. ..... secondly, the exemption is based upon user and not ownership. ..... zinabhai ranchhodji darji (1972) 1 scc233at paragraph 10, bishamber dass kohli v. .....
Tag this Judgment!Court : Supreme Court of India
..... the provisions of the scheme in relation to the mode of vesting and pursuant to section 53 of the act and without any further act or deed, or be deemed to have been apportioned and transferred to and vested in the transferee company as a going concern so as to become as and from the appointed date, the estate, assets, rights, title, interest and authorities of the transferee company as detailed in the schedule-i clause 3 provides thus: 3(a) in respect of such of the assets and liabilities located/held at the headquarters of the transferor company shall be apportioned between the ..... for the rate of interest, the court must allow that rate up to the date of the suit subject to three exceptions: (i) any provision of law applicable to moneylending transactions, or usury laws or any other debt law governing the parties and having an overriding effect on any stipulation for payment of interest voluntarily entered into between the parties; (ii) if the rate is penal, the court must award at such rate as it deems reasonable; (iii) even if the rate is not penal the court may reduce it if the ..... the payment of the last installment of the total purchase price, apiic was required to handover to the developer: (a) ownership and title documents to the land; (b) a certified copy of the government order evidencing its ownership rights over the land together with a possession certificate issued by the revenue department; and (c) a declaration certifying that apiic is the rightful owner of the land .....
Tag this Judgment!Court : Supreme Court of India
..... we have also 135 noticed in this regard, the definition of the word apartment, in the delhi apartment ownership act, 1986. ..... in this regard, we may notice, the delhi apartment ownership act, 1986. ..... , as the case may be, of the allottees, or a federation of the same, under the laws applicable: provided that in the absence of local laws, the association of allottees, by whatever name called, shall be formed within a period of three months of the majority of allottees having booked their plot or apartment or building, as the case may be, in the project; (f) execute a registered conveyance deed of the apartment, plot or building, as the case may be, in favour of the allottee along with the undivided proportionate title in the common areas to the association of allottees or competent authority, as the case may be, as provided under section 17 of this act; (g) pay ..... (2) every person to whom any apartment was allotted, sold or otherwise transferred by the promoter before the commencement of this act shall, save as otherwise provided under section 6 and subject to the other provisions of this act, be entitled, on and from such commencement, to the exclusive ownership and possession of the apartment so allotted, sold or otherwise transferred to him. ..... we have also seen that under the delhi apartment ownership act, allottee has been defined in relation to an apartment to mean the person to whom such apartment has been allotted, sold or otherwise transferred by the promoter.113. .....
Tag this Judgment!Court : Supreme Court of India
..... perusal of sub-section (2) of section 398 would further reveal, that if such an application was made under sub-section (1) of section 398 and if the clb was of the opinion, that the affairs of the company are being conducted as aforesaid, the tribunal may, with a view to bringing to an end or preventing the matter complained of or apprehended, is entitled to ..... the counsel for the present petitioner had raised an issue that without deciding on the maintainability of the petition, the interim order could not be passed, the clb observed, that under sections 397 and 398 of the companies act, it is well settled, that only if the maintainability is challenged either in terms of section 399 or jurisdiction of the clb, challenges on other grounds have to be considered along with the merits of the ..... the ownership of the company's shares, or if it has no share capital, in its membership, or in any other manner whatsoever, and that by reason of such change, it is likely that the affairs of the company will be conducted in a manner prejudicial to public interest or in a manner prejudicial to the interests of the company; may apply to the tribunal for an order under this 54 section, provided such members have a right so to apply in virtue of section ..... that had the respondents not done what they had done, the entire business of the company would have come to a standstill thereby, depriving the livelihood of 3000 persons and further resulting into closure of the 37 company, apart from incurring .....
Tag this Judgment!Court : Supreme Court of India
..... however, by virtue of rule 4 read with rule 11 of order xxii of the code, in case of death of one of the several respondents, where right to sue does not survive against the surviving respondent or respondents as also in the case where the sole respondent dies and the right to sue survives, the contemplated procedure is that the legal representatives of the deceased respondent are to be substituted in his place; and if no application is made for such substitution within the time limited by law, the appeal abates as against the deceased respondent. ..... they have not been always agreed with respect to the result of the particular circumstances of a case and there has been, consequently, divergence of opinion in the application of the principle. ..... apart from the above, it is also fundamental, as per section 54 of the transfer of property act, 1882, that an agreement for sale of immoveable property does not, of itself, create any interest in or charge on such property.7 a person having an agreement for sale in his favour does not get any right in the property, except the right of obtaining sale deed on that basis8. ..... - sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part- promised. ..... ): (1972) 4 scc165 that the plea on maintainability of the suit is a legal plea and 34 the same could be raised for the first time before this court, even though no specific issue was framed in that regard.32. .....
Tag this Judgment!Court : Supreme Court of India
..... applicable as the respondents have in the past followed and applied 53 (1991) 2 scc604transfer case (c) no.229 of 2020 page 105 of 179 development rules 4, 8, 9 and 10 while considering proposals for modification of plan (s) under section 11-a of the development act ..... the conception of the impugned project and up to the date of the issuance of the impugned notice inviting bid nit no.04/cpm/rpz/nit/2019-20 dated 02.09.2019 issued by respondent no.1, cpwd (the consultation services nit), including all documents relating to the preparation of the consultation services nit, which are in the possession and control of respondent no.1 and no.2 or their officers, including any document, correspondence or any other communication exchanged inter se with the other respondents or any of their officers; apart from the ..... the weaker sections of the society; addressing the problems of small enterprises, particularly in the unorganized informal sector; dealing with the issue of slums, up-gradation of old and dilapidated areas of the city; provision of adequate infrastructure services; conservation of the environment; preservation of delhi's heritage and blending it with the new and complex modern patterns of development; and doing all this within a framework of sustainable development, public private and community participation and a spirit of ownership ..... anand & ors.115, nagar nigam, 103 (2009) 15 scc570104 air1962sc305105 (1972) 2 scc788106 (1999) 6 scc150107 (1992) 3 scc637108 (1995) 2 scc161109 .....
Tag this Judgment!Court : Supreme Court of India
..... lastly, it ought to be noted that apart from the point of acceptance by the donee as held above since the deed is registered, bears the signature of the donor and has been attested by two witnesses, the requirements under section 123 of the transfer of property act, 1882 have been satisfied. ..... a landless person before the said date and continued to be so till the date of transfer, of the whole or a part of his holding shall be deemed to be a transfer calculated to defeat the provisions of this chapter and shall not be recognised and taken into consideration; and the burden of proving whether any such transfer falls under clause (i) or clause (ii) shall lie on the transferor: provided that if by way any such transfer as is mentioned in clause (ii) land in excess of the ceiling area applicable to the transferee has been transferred ..... the said giving away implies a complete dispossession of the ownership in the 9 property by the donor. ..... the revenue 2 ceiling department while issuing the aforesaid notice stated that the earlier order dated 15.04.1972, passed by the court of deputy sub divisional officer, pali was rendered without investigating whether the land transfers are recognizable as per the provisions of section 30 of the tenancy act of 1955. ..... i have gifted the aforesaid land with my sweet will and wish these recitals clearly indicate that donor intended to part with ownership and possession immediately after the execution of the gift deed.29. .....
Tag this Judgment!Court : Supreme Court of India
..... section 23a as it stands today has been brought on the statute in the year 1972 on the recommendations of the mineral advisory board which provides that any offence punishable under the mmdr act or any rule made thereunder may, either before or after the institution of the prosecution, be compounded by the person authorised under section 22 to make a complaint to the court with respect to that offence, on payment to that person, for credit to the government, of such sum as that person may specify. ..... however, the bar contained in sub section 2 of section 23a shall not be applicable for the offences under the ipc, such as, section 379 and 414 ipc. ..... under the english common law, however, the sovereign could own these resources but the ownership was limited in nature, the crown could not grant these properties to private owners if the effect was to interfere with the public interests in navigation or fishing. ..... it is further observed that apart from threatening bridges, sand mining transforms the riverbeds into large and deep pits, as a result, the groundwater table drops leaving the drinking water wells on the embankments of these rivers dry. ..... apart from threatening bridges, sand mining transforms the riverbeds into large and deep pits; as a result, the groundwater table drops leaving the drinking water wells on the embankments of these rivers dry. .....
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