Court : Supreme Court of India
..... april 2021, being aggrieved by the order of the arbitrator, the appellant and corporate debtor preferred an arbitration petition under section 34 of the arbitration and conciliation act, 1996 before the high court of bombay which is still pending.15. ..... supplied) (4) in the instant case, as noticed earlier, the applicant- respondent no.1 had made an application before the nclt, mumbai bench, under rule 11 of the nclt rules for withdrawal of company petition filed under section 9 of the insolvency and bankruptcy code, 2016 (ibc) on the ground that the matter has been settled between the corporate debtor and the applicant-respondent no.1. ..... meanwhile, the appellant and the respondents were given the opportunity to settle their disputes before the adjudicating authority (nclt) in terms of section 12a of the ibc read with rule 11 of the national company law tribunal rules, 2016 (nclt rules). ..... in order to expand its chemical manufacturing plant at tarapur, palghar (maharashtra), the corporate debtor raised capital and the respondent no.1 - m/s beacon trusteeship limited (hereinafter referred to as beacon trusteeship ) committed to ..... in the supreme court of india civil appellate jurisdiction civil appeal no.4911 of2021ashok ..... abdul nazeer and krishna murari, j.j.in civil appeal no.4993 of 2021, the relevant part whereof is extracted hereinbelow: (3) we have heard learned counsel for ..... by the order dated 18th august 2021 of the nclat, the appellant has preferred the present civil appeal.23. .....
Tag this Judgment!Court : Supreme Court of India
..... feeling aggrieved and dissatisfied with the impugned judgment and order dated 30.04.2021 passed by the high court of judicature at bombay in writ petition (stamp) no.92630 of 2020, by which the high court has, in exercise of powers under article 226 of the constitution of india, set aside the assessment order passed by the assessing authority 1 and also the belated notice of demand, the state of maharashtra and others have preferred the present appeal.2. ..... 2.2 that without preferring any appeal before the first appellate authority, the respondent assessee original writ petitioner filed a writ petition before the high court challenging the assessment order passed under the provisions of the mvat act and cst act alleging inter alia that no order was passed on 20.03.2020 and it was passed in the month of july, 2020, which was beyond the period of ..... there is a hierarchy of appeal provided in the act, namely, filing of an appeal under section 20 and this fast-track procedure cannot be allowed to be derailed either by taking recourse to proceedings under articles 226 and 227 of the constitution or by filing a civil suit, which is expressly barred. ..... it is only where statutory remedies are entirely ill-suited to meet the demands of extraordinary situations, as for instance where the very vires of the statute is in question or where private or public wrongs are so inextricably mixed up and the prevention of public injury and the vindication of public justice require it that recourse may be .....
Tag this Judgment!Court : Supreme Court of India
..... the instant transfer petitions are disposed off with the following directions: a) the criminal cases, as specified in para 1 (clause (i) to (xvi)) of this order shall be transferred from the courts, where those are pending, to the court of principal judge, bombay city civil and sessions court, fort, mumbai 400032, maharashtra; b) the principal judge is at liberty to assign the cases to any of the court situated in his jurisdiction to try all those cases. ..... the allegations against the petitioner herein and one sanjay hariram agarwal are that they were the authorized signatories of the accused company and while acting in the capacity of directors of the said accused company, they entered into several transactions dealing with government securities and further sold the said securities without any ..... intervenor claims to be an agriculturist who is dependent on 6 financial aid provided by nagpur district central cooperative bank limited (hereinafter referred as ndccb) for his day to day agricultural activities. ..... section 406 deals with the power of supreme court to transfer ..... present petitions have been filed by petitioner/accused for invoking the power under section 406 of code of criminal procedure, 1973 (hereinafter referred to as crpc ), seeking transfer of 16 criminal cases pending against him in four different states to one court in mumbai, where 3 cases are already pending. ..... the aforesaid questions, first of all it is necessary to know the underlying intention of section 406 of crpc. .....
Tag this Judgment!Court : Supreme Court of India
..... newspapers besides sponsorship from the employment exchange, the secretary to government, employment and training department sent a communication to the managing directors of all state transport undertakings on 30.07.2014 to follow the directions of the high court in the matter of appointments; (ii) all the representatives of all the state transport undertakings resolved in a meeting held on 06.10.2014 to conduct 17 future recruitments only after inviting applications from the open market ..... quash petition, supported the order of the high court contending inter alia that the statements of the victims did not make out a case for prosecution of the accused under the p.c act; that this is why the final report filed by the police did not implicate the accused for any offence under the p.c act; that the prosecution was constrained to include section 409 ipc only because of a statement as ..... arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute. 16.9 ..... . ravishankar prasad and others14, the high court of bombay quashed the proceedings on the ground that no useful purpose would be served by allowing ..... decision in state of maharashtra through central bureau ..... , where this court was concerned with an order of the high court of bombay quashing the criminal proceedings for offences punishable under sections 406, 420, 467, 468 & 471 read with section 120b .....
Tag this Judgment!Court : Supreme Court of India
..... on the ground that the same is in willful disobedience and breach of order dated 18th october, 2002 passed by the bombay high court in writ petition no.l072 of 2001 and amounts to interference with the proceedings in writ petition no.3060 of 2002 filed by our clients and pending before the bombay high court and contempt of the bombay high court as also on the ground that the same is not under authority of appropriate government and the ground that the same ..... respondent no.1 issued a directive under section 37(1) of the maharashtra regional town planning act, 1966 ( mrtp act ) on page 2 of 6107.06.1993, acknowledging the need for a connecting road but stating that it was not feasible to pursue construction of an 18.30 metre road through the appellants land ..... canada's constitution, however, does not contain the equivalent of the taking clause, and eminent domain is solely a matter of statute law, the same is the situation in united kingdom which does not have a written constitution as also now in india after the 44th constitutional amendment. ..... interim prayer for status quo vis vis the property was rejected by the high court and, being aggrieved by this denial, they instituted slp (civil) no.22849 of 2008 in which the supreme court ordered that status quo be maintained as on 22.09.2008. ..... this period, various complaints were allegedly received from residents in surrounding areas regarding the need for a road in order to connect the mahakali caves with the central industrial district. .....
Tag this Judgment!Court : Supreme Court of India
..... the appellants are aggrieved by the judgment dated 13/14th march, 2012 passed by the high court of bombay, dismissing the challenge laid by them to the order dated 27th december, 2007 passed by the then chief minister of the state of maharashtra, cancelling the transferable development rights1 certificate earlier granted in favour of the appellants @ 100% floor space index2 and upholding the decision to reduce the tdr granted to the appellants ..... doctrine of promissory estoppel and legitimate expectation, it was asserted that the respondents are estopped from cancelling the tdr granted to the appellants more so when they have already acted on the representation of the respondents and have surrendered the page 6 of 18 civil appeal no.4639 of 2012 subject land to the respondent no.3/corporation as long back as in the year 2004, on an assurance that tdr @ 100% fsi would ..... as for the observations made in the impugned judgment to the effect that the appellants had themselves admitted that the subject land is situated in a hill top/hill slope zone and therefore, maximum fsi of 4% would be permissible in terms of rule m-8 of the development control rules for the pune municipal corporation, pune, 19829, it was argued ..... kaul, learned senior advocate submitted that even under the town planning act, section 50(3) and section 127 state that for determination of the purpose for which a parcel of land can be used when it is de-reserved or when the acquisition has lapsed is the purpose, for which .....
Tag this Judgment!Court : Supreme Court of India
..... 4 part a4 fir136of 2019 for offences punishable under sections 143, 147, 149, 395, 307, 353, 332, 155, 109, 324, 323 and 427 of the indian penal code 1860,1 sections 4 and 5 of the maharashtra prevention of gambling act 1887,2 section 65(e) of the maharashtra prohibition act 1949 and sections 37 and 135 of the bombay police act 1951 was registered in ps rajarampuri, kolhapur on the basis of a complaint made by one ..... made by the accused so produced and get his signature and in case of any complaint of torture, the person should be directed to be produced for medical examination before a medical officer not lower in rank than of an assistant civil surgeon; (4) notwithstanding anything contained in the code of criminal procedure, 1973, no police officer below the rank of an assistant commissioner of police in the metropolitan cities and elsewhere of a deputy superintendent of police or a police officer ..... court of punjab and haryana ruled that an sp(d) was not competent to appoint a deputy sp to conduct an investigation as an sp(d) was not in charge of her district ..... get his signatures, and in the event of a complaint of torture, to direct the production of the accused for medical examination before a medical officer not lower in rank than an assistant civil surgeon. ..... so produced and get his signature and in case of any complaint of torture, the person shall be directed to be produced for medical examination before a medical officer not lower in rank than of an assistant civil surgeon. .....
Tag this Judgment!Court : Supreme Court of India
..... said first appeal, which was filed against the judgment and order passed by the employees insurance court at bombay dated 09.09.2021, declaring that the bcci is covered within the meaning of shop as per notification 1 dated 18.09.1978 issued by the government of maharashtra under the provisions of section 1(5) of the employees state insurance act, 1948 (hereinafter referred to as the esi act ) and remitted the matter for determining the contribution from bcci, bcci has preferred the present ..... by the bcci namely, selling of tickets of cricket matches; providing entertainment; rendering the services for a price; receiving the income from international tours and the income from the indian premier league, the esi court as well as the high court have rightly concluded that the bcci is carrying out systematic economic commercial activities and, therefore, the bcci can be said to be shop for the purposes of attracting the provisions of esi ..... 2.1 an appeal was preferred before the employees state insurance court, bombay (hereinafter referred to as esi court ) against the order passed under section 45a of the esi act, which determined the amount of contribution to the tune of rs. ..... reportable in the supreme court of india civil appellate jurisdiction special leave petition (c) nos. .....
Tag this Judgment!Court : Supreme Court of India
..... industrial tribunal by its final order declared the strike carried out by the respondents for the period between 23.01.2007 and 15.03.2007 as illegal in terms of section 24(1)(a) of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971.5. ..... is not at all a case of closure but a simple case of retrenchment, the tribunal as well as the high court have held that the method and manner by which the workmen were retrenched clearly demonstrates that it is virtually a closure. ..... reportable in the supreme court of india civil appellate jurisdiction civil appeal no.2393 of 2022 armed forces ex officers multi ..... gainfully employed or not is again a question of fact, and the finding of the tribunal as upheld by the high court, cannot be interfered with by the supreme court in exercising its power under article 136 of the constitution of india. ..... industrial tribunal s finding regarding the offer of re-employment being illegal, by arguing that appellant was only complying with the stipulations of section 25h of the act which grants preference to retrenched employees in re- employment. ..... illegal strike carried out by the respondent led to the termination of appellant s transport contracts with its clients, creating a situation of surplus of labour, necessitating the retrenchment. ..... , the appellant preferred writ petition no.1240 of 2018 before the high court of bombay. ..... in detail we uphold and affirm the judgment of the high court of judicature at bombay in w.p. .....
Tag this Judgment!Court : Supreme Court of India
..... 11 december 2019, a single judge of the nagpur bench of the high court of judicature at bombay, held in the course of deciding a second appeal 1 under section 100 of the code of civil procedure 1908 that the suit instituted by the appellant is barred by sections 71 and 177 of the maharashtra housing and area 2 development act 1976 .the high court reversed concurrent findings of the trial court in the suit and of the first appellate court. ..... the appellant instituted a suit seeking the following reliefs: prayer it is, therefore, most humbly prayed that this hon'ble court may kindly be pleased to pass a decree in mandatory forms giving directions to both the defendants to remove the illegal and unauthorized construction made by the defendant no.1 on the open site, which is situated towards the east and north to the plaintiffs and defendants no.1's tenant as shown by letters a b c d in the map and ..... the district judge, since the individual rights of the appellant were affected by the 5 unauthorized construction, the suit was maintainable and was not barred by the provisions of section ..... the district court affirmed the finding of the trial judge that it had the ..... the bombay high court allowed the appeal against the judgment of the district judge holding that the suit was barred in terms of the provisions of sections 71 and 177 of the act. ..... the district judge held that the appellant who is the plaintiff in the suit is affected by the encroachment which has been made by the first respondent .....
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