Court : Supreme Court of India
..... creditors committee, where all financial creditors have votes in proportion to the magnitude of debt that they hold. in the past, laws in india have brought arms of the government (legislature, executive or judiciary) into this question. this has been strictly avoided by the committee. the appropriate disposition of a defaulting firm is ..... the corporate debtor. (3) the interim resolution professional or the resolution professional, as the case may be, shall appoint a professional under this regulation on an arm s length basis following an objective and transparent process: provided that the following persons shall not be appointed, namely: - (a) a relative of the resolution professional ..... law for the time being in force. observations and findings of the appellate tribunal in paragraphs 106 to 112 of the impugned order dated 17.02.2022 (reproduced hereinabove in paragraph 19.4.2.) deserve to be and are approved. point c3 effect of section 166(4) companies act 45. for what has been discussed .....
Tag this Judgment!Court : Supreme Court of India
..... does not include any discharge or retrenchment has member of the armed forces of the led to that dispute, but does not union; include any such person (i) who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); or (ii) who is employed ..... relation to holders of civil post.17. the definition of the expression service matters , is provided in section 3(q) of the administrative tribunals act, 19857 and it reads as follows:- 3. definitions. in this act, unless the context otherwise requires, xxx xxx xxx (q) service matters , in relation to a person, means all matters relating to ..... by virtue of rule 100 of the 1963 rules, they stood 8 excluded from the benefit conferred by section 59(1) of the 1948 act.10. thus, the central administrative tribunal reached diametrically opposite findings of fact, in two different sets of cases filed by employees who were identically placed and discharging identical duties and responsibilities .....
Tag this Judgment!Court : Supreme Court of India
..... members in drts and drats. he requested that the matters before drt and drat can be directed to be considered by other tribunals like central administrative tribunal, armed forces tribunal and industrial tribunal within the state. with a view to resolve the problem being faced by the parties, for the time being and purely as ..... will be issued for correcting errors of jurisdiction, as when an inferior court or tribunal acts without jurisdiction or in excess of it, or fails to exercise it. (2) certiorari will also be issued when the court or tribunal acts illegally in the exercise of its undoubted jurisdiction, as when it decides without giving ..... non-performing assets of banks and financial institutions. narasimhan committee i and ii as also the andhyarujina committee constituted by the central 13 government act had suggested enactment of new legislation for securitisation and empowering banks and financial institutions to take possession of securities and sell them without court intervention .....
Tag this Judgment!Court : Supreme Court of India
..... of law and facts against verdicts of court martial, the absence of which had led to adverse comments from this court. on the bill ultimately being passed, the armed forces tribunal act, 2007, (hereinafter referred to as the said act ) came into being with effect from 15.06.2008 and saw some amendments subsequently. 1 (1982) 3 scc140 2 legal conundrum:3. on the said ..... of 2023 @ slp(c) no.5111/2016 w.p.(c) no.76/2016 judgment sanjay kishan kaul, j.the prelude to the armed forces tribunal act, 2007:1. a large number of cases relating to service matters of members of the three-armed forces of the union of india had been pending in courts for a considerable period of time and, thus, the central government 1 .....
Tag this Judgment!Court : Supreme Court of India
..... of the petitioner in the light of the judgment in case of avtar singh (supra), held that the cisf being an armed force of union of india, which is deployed in sensitive sectors, the force personnel are required to maintain discipline of the highest order, and that the involvement of the petitioner in the grave offences ..... in disciplinary matters is primarily for the disciplinary authority, and the jurisdiction of the high courts under article 226 of the constitution or of the administrative tribunals is limited and is confined to the applicability of one or the other of the well-known principles known as wednesbury principles 11 namely whether the order ..... trial before the said court when the character certificate was submitted by the petitioner to the cisf authorities. it was also stated therein that since the act of suppression of information regarding pendency of the criminal litigation in his character certificate filed along with the appointment letter, was under the category of gross .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... for company or beco me a new member of an organization: the oxford dictionary defines the expression recruitment' as the act or process of finding new people to join a company, an organization, the armed forces, etc, 16. the plain dictionary meaning of the expression recruitment itself uses the phrase the process of finding new ..... to be under category 2-b/ka-hk, for selection to the post of a government school teacher, is outside the jurisdiction of the tribunal constituted under the administrative tribunals act, 1985?.. 02. the question referred to above has arisen as the decision of the deputy director of public instructions, raichur is under ..... not maintainable before this court. accordingly, the writ petition is dismissed as not maintainable.29. the petitioner is at liberty to approach the tribunal constituted under the administrative tribunals act 1985.30. the registry is directed to return the annexures to the writ petition, after retaining the xerox copy if requested by the petitioner .....
Tag this Judgment!Court : Supreme Court of India
..... before us that sebi has not taken any regulatory action.9. during the pendency of the petition under section 111a, the 2013 act came into force, and the matter stood transferred to the tribunal. the tribunal framed just one question - whether the acquisition of shares by the respondents without complying with the statutory provisions of disclosure norms ..... any depository or entitled to voting rights company to rectify its unless the voting rights register or records.]. have been suspended by an order of the tribunal. (4) the [tribunal]. while acting under sub-section (4) where the transfer of (3), may at its discretion securities is in make such interim order as contravention of any ..... securities and exchange section shall not restrict board of india act, 1992 the right of a holder of (15 of 1992) or this act shares or debentures, to or any other law for the transfer such shares or time being in force, the debentures and any person tribunal may, on an acquiring such shares or application made .....
Tag this Judgment!Court : Karnataka
..... to in sub-section (2) shall be given.- (i) in the case of a soldier in service in the armed forces of the union, at any time not later than one year from the date on which he is released from the armed forces or is sent to the reserve; (ii) in the case of the father, mother, spouse, child or grand-child ..... if such tenancy was created or continued by a soldier, whether the same was created or continued in compliance of the requirements of section 5(2)(a) of the act. the land tribunal, unfortunately has placed reliance upon irrelevant material and has erroneously rejected form no.7. we, therefore, answer point no.(ii) also in the negative.28. in the earlier ..... court appeal are as follows: (i) whether the appellants have proved the requirement of issuance of a notification under section 15(6) of the act for considering claimant's form no.7?. (ii) whether the land tribunal was justified in rejecting the form no.7 filed by the claimant?.10. point no.(i): it is the specific case of the appellants .....
Tag this Judgment!Court : Supreme Court of India
..... under the indian penal code or under special enactments such as prevention of corruption act, arms act and so on and so forth are substantive offences, the commission of which may make a person a criminal, an offence under certain enactments such as kerala police ..... election, from any person in the service of a panchayat or of government, and belonging to any of the following classes, namely: (a) gazetted officers; (b) members of police forces; (c) excise officers; (d) revenue officers; and (e) such other class of persons in the service of the government as may be prescribed; provided that where any person, ..... non disclosure on his part, it would amount to undue influence and, therefore, the election is to be declared null and void by the election tribunal under section 100(1)(b) of the 1951 act. 94.5. the question whether it materially affects the election or not will not arise in a case of this nature.45. while offences .....
Tag this Judgment!Court : Supreme Court of India
..... the issue before the general court martial. the appellant, thereafter on 07.01.2019, filed an original application being no.32/2019 before the tribunal under section 14 of the armed forces tribunal act, 2007, challenging the charge-sheet dated 19.11.2018 as well as the order dated 22.11.2018 passed by the convening authority directing ..... . the present appeal filed by the appellant under section 30(1) of the armed forces tribunal act, 2007 is directed against the impugned judgment and order dated 30.09.2019 passed by the court no.2 armed forces tribunal, principal bench, new delhi (hereinafter referred to as the tribunal ) in o.a. no.32 of 2019 with m.a. no.645 of ..... trial of the appellant by general court martial. the said oa having been dismissed by the tribunal vide the impugned judgment and order, the present .....
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