Court : Supreme Court of India
Reported in : AIR2005SC4301; JT2005(10)SC196; RLW2005(4)SC2383; 2005(8)SCALE171; (2005)7SCC625; 2005(2)LC1445(SC)
..... the home minister in a speech made on 21st march, 2005 when the bihar appropriation (vote on account) bill, 2005 was being discussed in the rajya sabha said that the government was not happy to impose president's rule in bihar and would have been happy if government would have been ..... is to take place in four phases commencing from 18th october, 2005 and ending with the fourth phase voting on 19thnovember, 2005. ..... on consideration of these reports, notification dated 23rd may, 2005 was issued in exercise of the powers conferred by sub-clause (b) of clause (2) of article 174 of the constitution, read with clause ..... , in pursuance of section 73 of the representation of the people act 1951 in terms of notification dated 4th march, 2005 notified the names of the elected members.2. ..... case, the present is not a case where in exercise of discretionary jurisdiction the status quo ante deserves to be ordered to restore the legislative assembly as it stood on the date of proclamation dated 7th march, 2005 whereunder it was kept under suspended animation. ..... 163(e) of the same date, 7th march, 2005, it was notified that all powers which have been assumed by the president of india, shall, subject to the superintendence direction and control of the president, be exercisable also by ..... of the parties was in a position to secure 122 seats so as to have majority in the assembly, the governor of bihar made a report dated 6th march, 2005 to the president of india, whereupon in terms of notification g.s.r. .....
Tag this Judgment!Court : Karnataka
..... and recruitment) rules, 2017 or in any other rules of recruitment relating to the categories of posts specified in the schedule made or deemed to have been made, under the karnataka state civil services act, 1978 (karnataka act 14 of 1990) and submits that, it is on the judgment passed by the hon ble apex court cited above, the said rider was inserted in the special rules,2022 barring the implementation of ..... if for any reason the government of india and the indian medical council are unable to organize such all- india entrance examination for admissions to the post-graduate courses on account of paucity of the time now available to them, a situation for which they are almost entirely to blame, we may have to direct as the only possible alternative for the coming academic year, an entrance ..... course. if for any reason the government of india and the indian medical council are unable to organise such all-india entrance examination for admissions to the post-graduate courses on account of paucity of the time now available to them, a situation for which they are almost entirely to blame, we may have to direct as the only possible alternative for the coming academic year, an ..... 29 from the case at hand since that case dealt with rules pertaining to financial implications for which there were no provisions in the appropriation act, and so the rules required mandatory compliance. ..... , (2005) 11 scc600 2005 scc ..... v. collector (la), reported in (2005) 7 scc190wherein, paragraph .....
Tag this Judgment!Court : Supreme Court of India
..... cannot be determined in respect of the goods being valued; (c) no part of the proceeds of any subsequent resale, disposal or use of the goods by the buyer will accrue directly or indirectly to the seller, unless an appropriate adjustment can be made in accordance with the provisions of rule 9 of these rules; and (d) the buyer and seller are not related, or where the buyer and seller are related, that transaction value is acceptable for ..... since it did not reflect the correct transaction value, the value appearing in the import invoices did not fulfil the criteria of section 14(1) of the customs act and rule 4 of the customs valuation rules as per which the transaction value of the imported goods is the price actually paid or payable when sold ..... aforesaid amount of customs duty should not be demanded and recovered from them and also as to why the imported goods should not be confiscated under sections 111(d) and 111(m) of the customs act, besides appropriation of the amount of rs. ..... provided that in applying the values used for comparison, due account shall be taken of demonstrated difference in commercial levels, quantity levels, adjustments in accordance with the provisions of rule 9 of these rules and cost incurred by the seller in sales in which he and the buyer ..... therefore, taking into account the fact that the supplier m/s arise enterprises had acknowledged that those declarations were filed by them, which was not denied by the respondents, the adjudicating authority held that .....
Tag this Judgment!Court : Supreme Court of India
..... (a) the following amounts shown as assets in the balance-sheet shall not be treated as assets, namely: (i) any amount paid as advance-tax under the income-tax act; (ii) any amount shown in the balance-sheet including the debit balance of the profit and loss account or the profit and loss appropriation account which does not represent the value of any asset; civil appeal no.3265 of 2016 & anr. ..... before the valuation date at a general body meeting of the company; (iii) reserves, by whatever name called, other than those set apart towards depreciation; (iv) credit balance of the profit and loss account; (v) any amount representing provision for taxation, other than the amount referred to in sub-clause (i) of clause (a), to the extent of the excess over the tax payable with reference to the book ..... for the purposes of this rule, balance-sheet , in relation to any company, means the balance-sheet of such company (including the notes annexed thereto and forming part of the accounts) as drawn up on the valuation date and, where there is no such balance-sheet, the balance-sheet drawn up on a date immediately preceding the valuation date, and, in the absence of both, the balance ..... of sub-section (2), the value of any property, other than cash, transferred by way of gift shall for the purpose of this act, be its value as on the date on which the gift was made and shall be determined in the manner laid down in ..... act would be made accounting and taking the limitation and restrictions, and such .....
Tag this Judgment!Court : Supreme Court of India
..... transaction entered into in connection with protection against or benefit from fluctuation in any rate or price and for calculating the value of any derivative transaction, only the market value of such transaction shall be taken into account; (h) any counter-indemnity obligation in respect of a guarantee, indemnity, bond, documentary letter of credit or any other instrument issued by a bank or financial institution; (i) the amount of any liability in respect ..... of any consideration and money or instalment thereof or any other amount due --- account of the transfer of any site or building by the authority or any rent due to the authority in respect of any lease, or where any transferee or occupier makes any default in the payment of any fee or tax levied under this act, the chief executive officer may direct that in addition to the amount of arrears ..... the court to hold that the lessee, by entering into the lease, comes to enjoy the property and also have other rights, including the right to entirely appropriate the profit from the transfer of the flats constructed thereon. ..... have the largest claim in most real estate resolutions where it is a lessor and would therefore have the largest vote share in the committee of creditors and consequently have a domineering role in deciding on the fate of any resolution ..... nature and transactions commercial wisdom of noida would in fact compel the appellant to vote against all resolution plans proposed. ..... committee which will vote and finally decide, .....
Tag this Judgment!Court : Delhi
..... the respondent vide letter dated 23.01.2018, while sanctioning leave encashment and gratuity, apprised the petitioner that the bank contribution of provident fund was appropriated by the bank towards loss (by the board in its meeting held on 12.08.2006) therefore, the petitioner is not eligible for pension under the extant provisions ..... vide the present petition, the petitioner seeks directions thereby to set aside the board of directors resolution dated 12.08.2006 of respondent no.l with regard to appropriation of bank contribution of pf of the petitioner amounting to 76,020/- towards alleged losses, as intimated to the petitioner by the respondent no.2 vide letter ..... 08.01.2018 of the petitioner, inter alia, informed (a) own contribution of pf already stands paid but banks contribution of pf has been appropriated towards loss caused to the bank in the account of m/s super plastics and m/s aakriti steels (p) ltd. ..... once the respondent bank has released the gratuity to the petitioner under payment of gratuity act, 1972, the plea of alleged loss is not sustainable. ..... released the gratuity to the petitioner under payment of gratuity act, 1972, the plea of alleged loss is not sustainable ..... to recover any loss, damages and liabilities which the bank may at any time sustain or incur by reason of any dishonest act, deed or omission or gross misconduct of or by such member. ..... act, 1972 is being released; (c) in view of unavailability of your leave record the maximum amount of leave encashment ( .....
Tag this Judgment!Court : Delhi
..... transferee company of any shares, debentures, policies or other like interests in that company which, under the compromise or arrangement, are to be allotted or appropriated by that cs(os) no.1876/2008 page 4 of 8 company for continuation by or against the transferee company of any pending legal proceedings.16. ..... claim to his dues therefore does not die; and, (iv) even where abatement occurs and the limitation prescribed for setting aside the abatement under article 120 of the schedule to the limitation act expires, the creditor / claimant through the successor or the successor, as the case may be, can request the court to condone the delay in moving an application, under section 5 of the limitation ..... the companies act, 1956, which all counsels agree would apply to the order of amalgamation of the plaintiffs in the present case, provides for the court to sanction the compromise or arrangement or make a provision for all or any of the matters provided therein and which inter alia provides for transfer to a transferee company of the whole or any part of the undertaking, property or liabilities of any transferor company, the allotment or appropriation by the ..... companies, under sections 391 and 394 of the companies act, and in which order the plaintiff no.1 rishi promoters pvt .....
Tag this Judgment!Court : Delhi
..... srivastava invited our attention to a gazette notification annexure r-dated 25.10.2001 issued by the ministry of home affairs in exercise of the powers under the statute to say that as far as the appropriate government for discharging liabilities and carrying out various activities under the central act is concerned, it is the state government, namely, the government of nct of delhi and the central government has no role to play in the matter. ..... looking into the inflation which has caused steep increase in the cost of living, in the absence of social security system, we consider it appropriate to direct that the state of punjab would look into this aspect and endeavour to at least bring it on parity with the state of ..... it is the government which is required to consider various aspects of the matter and take an administrative decision, we deem it appropriate to allow this petition to the extent of issuing a mandamus to the respondent no.2 and direct them to consider the grievance of the petitioners and take a conscious decision after adverting to various facts as are detailed hereinabove including the benefit extended under the act in the states of rajasthan, kerala, tamil nadu and haryana and consider taking a decision for ..... 3574/2014 page 2 of 9 that being so, it is canvassed that cessation of practice includes not only removal from the rolls on account of death of the advocate concerned but also eventually cessation of practice by an advocate enrolled with the state bar council.3. .....
Tag this Judgment!Court : Delhi
..... to the contractor on a supply order is with-held by purchaser because he claims that certain damages would be due to him in respect of an earlier supply order, although those damages have not been adjudicated in appropriate forum nor admitted by contractor and the amount is 'with-held', as interim measure till the final decision is taken about levy of damages, then so long as purchaser does not take such a final decision whether ..... that on the appellant's accepting the stance of desu to withhold/retain the sum of `10 lakhs under the subject fao (os) 3& 3page 14 of 21 contract, a consensus was arrived amongst the parties to settle such accounts at a later stage, when the event of adjustments on the imposition of the contemplated penalty comes to be imposed and is sought to be recovered from the dues payable under the subject contract te-45. ..... of action can arise to the contractor to claim his amount finally arrived at and informed vide in such fao (os) 3& 3page 6 of 21 limitation would start to run from that date because it is only by such act of appropriation by the purchaser that the contractor is told that money will not be paid to him. ..... ) under section 34 of the act, where-under, an award dated 22.12.2005 passed by the learned arbitrator in favour of the appellant and against ..... impugned judgment of the learned single judge dated 25.07.2007 is set aside and the award dated 22.12.2005 is set aside as against the instant respondents i.e. ..... , (2005) 8 scc618observed as under: fao (os) .....
Tag this Judgment!Court : Delhi
..... to the contractor on a supply order is with-held by purchaser because he claims that certain damages would be due to him in respect of an earlier supply order, although those damages have not been adjudicated in appropriate forum nor admitted by contractor and the amount is 'with-held', as interim measure till the final decision is taken about levy of damages, then so long as purchaser does not take such a final decision whether ..... that on the appellant's accepting the stance of desu to withhold/retain the sum of `10 lakhs under the subject fao (os) 3& 3page 14 of 21 contract, a consensus was arrived amongst the parties to settle such accounts at a later stage, when the event of adjustments on the imposition of the contemplated penalty comes to be imposed and is sought to be recovered from the dues payable under the subject contract te-45. ..... of action can arise to the contractor to claim his amount finally arrived at and informed vide in such fao (os) 3& 3page 6 of 21 limitation would start to run from that date because it is only by such act of appropriation by the purchaser that the contractor is told that money will not be paid to him. ..... ) under section 34 of the act, where-under, an award dated 22.12.2005 passed by the learned arbitrator in favour of the appellant and against ..... impugned judgment of the learned single judge dated 25.07.2007 is set aside and the award dated 22.12.2005 is set aside as against the instant respondents i.e. ..... , (2005) 8 scc618observed as under: fao (os) .....
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