Court : Supreme Court of India
..... a side skirmish took place as to whether an appeal could be filed from the learned single judge s judgment, and arguments were raised based on the application of section 3 of the maharashtra high court (hearing 20 of writ petitions by division bench and abolition of letters patent) act, 1986, to arrive at the conclusion that an appeal against the learned single judge s order would be maintainable (see judgment dated 23rd june, 2016 of the bombay hc in arb appeal no.3/2015). ..... article v(2)(b) of the new york convention of 1958 and section 7(1)(b)(ii) of the foreign awards act do not postulate refusal of recognition and enforcement of a foreign award on the ground that it is contrary to the law of the country of enforcement and the ground of challenge is confined to the recognition and enforcement being contrary to the public policy of the country in which the award is set to be enforced. ..... vsca248to submit that, where a party resists enforcement of a foreign award on the ground that it is not a signatory to the arbitration agreement, the enforcing court is duty bound to examine the question of jurisdiction by itself.51. ..... general electric co. ..... general electric co. ..... general electric co. .....
Tag this Judgment!Court : Supreme Court of India
..... may be, shall take into consideration (a)the market value of the land on the date of publication of the notification under section 3a; (b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land; (c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings; (d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence 16 or place ..... given the fact that, in these petitions at least, the constitutional validity of the nh amendment act, 1997 has not been challenged, we must proceed on the basis that grave injustice would be done if we were to interfere on facts, set aside the awards and remand the matter to the very government servant who took into account depressed land values which were relevant for purposes of stamp duty only. ..... this court also held, in maharashtra state electricity distribution co. ..... arctic india2007 (4) arb lr524(bom), a learned single judge of the bombay high court opined that the court can modify the award even if there is no express provision in the act permitting it. ..... , 1994 supp (1) scc644 the convention on the recognition and enforcement of foreign arbitral awards, 1958 [the new york convention ]. .....
Tag this Judgment!Court : Supreme Court of India
..... the appropriate 23section 293, income tax act; section 20a of the securities and exchange board of india act, 1992; section 18, the recovery of debts and bankruptcy act, 1993; section 34 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;section 268, companies act, 2013; section 231 of the insolvency and bankruptcy code, 2016; section 56, petroleum and natural gas regulatory board act, 2006; section 154, electricity act, 2003; section 27 of the telecom regulatory authority of india act, 1997; section 61 of the competition act ..... article 37 of the constitution declares that the principles laid down in part iv of the constitution are fundamental in the governance of the country and it should be the duty of the state to apply the principles in making laws. ..... the validity of the rules framed by municipal corporation under section 73 of the bombay municipal boroughs act, 1925 for levying a rate on open lands was the subject matter of challenge in patel gordhandas hargovindas & ors. v. ..... 1 (1958) 32 384 u.s. .....
Tag this Judgment!Court : Supreme Court of India
..... the rights of a creditor against a guarantor continue even in the event of bankruptcy or liquidation, stressed the solicitor general, and relied on maharashtra state electricity board bombay v. ..... negativing the challenge to the extension of the ordinance, this court ruled, (after considering burah, in re delhi laws act and jatindra nath gupta) that: in the present case, the preamble to the ordinance clearly recites the state of facts which necessitated the enactment of the law in question, and section 3 fixed the duration of the act as two years, on an understanding of the situation as it then existed. ..... where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surety upon payment or performance of all that he is liable for, is invested with all the rights which the creditor had against the principal debtor. ..... in maharashtra state electricity board (supra) the liability of the guarantor (in a case where liability of the principal debtor was discharged under the insolvency law or the company law), was considered. .....
Tag this Judgment!Court : Supreme Court of India
..... the preamble of the act reads: an act to provide for reservation of seats for admission in educational institutions in the state and for reservation of posts for appointments in public services and posts under the state, to socially and educationally backward classes of citizens (sebc) in the state of maharashtra ..... was filed before the bombay high court, challenging the identification of marathas as sebcs, the conclusions of the commission, which culminated in its adoption by the state of maharashtra and enactment of the sebc act, the quantum of reservations, and the provisions of the act itself, ..... be the duty of the commission (a) to investigate and monitor all matters relating to the safeguards provided for the scheduled tribes under this constitution or under any other law for the time being in force or under any order of the government and to evaluate the working of such safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the scheduled tribes; (c) to participate and advise on the planning process of socio- economic development of the scheduled tribes and to evaluate the progress of their development under ..... scc310 in the above case the constitution bench had occasion to examine rule 13-aa of kerala state and subordinate services rules, 1958 which empower the state to grant exemption for a specific period to any member or member belonging to scheduled castes and scheduled tribes from passing the test referred ..... gujarat .....
Tag this Judgment!Court : Supreme Court of India
..... vs icici28bank ( innoventive industries ), dealt with the provisions of the maharashtra relief undertakings (special provisions) act 1958 vis- -vis the provisions of the ibc. ..... (a) that, on account of circumstances beyond the supersede authority control of the authority, it is unable to discharge authority the functions or perform the duties imposed on it by or under the provisions of this act; or (b) that the authority has persistently defaulted in complying with any direction given by the 81 part e section and title provision section and title of wb-hira of rera appropriate government under this act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the authority or the administration of the authority has suffered; or (c) that ..... 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 all outgoings until he transfers the physical possession of the real estate project to the allottee or the associations of allottees, as the case may be, which he has collected from the allottees, for the payment of outgoings (including land cost, ground rent, municipal or other local taxes, charges for water or electricity, maintenance .....
Tag this Judgment!Court : Supreme Court of India
..... the preamble of the said act, proviso and the explanation to section 1(2), sections 2(1)(f), 11(9), 11(12), 28(1)(a) and 28(1)(b). ..... (sic elusive) concept; it has been described as untrustworthy guide , variable quality , uncertain one , unruly horse , etc; the primary duty of a court of law is to enforce a promise which the parties have made and to uphold the sanctity of contracts which form the basis of society, but in certain cases, the court may relieve them of their duty on a rule founded on what is called the public policy; for want of better words lord atkin describes that something done contrary to public policy is a harmful ..... the icca s guide to the interpretation of the 1958 new york convention: a handbook for judges, compiled by the international council for commercial arbitration with the assistance of the permanent court of arbitration, in its comment on article i(1) of the new york convention, and particularly, the expression awards made in the territory of a state other than the state where the recognition and enforcement are sought , states as follows: iii.1.1. ..... the respondent is a company incorporated under the companies act, 1956 with its registered 1 office at chennai, tamil nadu, and is a 99% subsidiary of general electric conversion international sas, france, which in turn is a subsidiary of the general electric company, united states. 3.2. ..... the award was made a rule of the court, followed by a decree, by a learned single judge of the bombay high court. .....
Tag this Judgment!Court : Supreme Court of India
..... , in giving judgment for the attorney general, said: (er p.134) the duty in this instance was, in fact, imposed by the first act; but the gross mistake of the omission of the weight, for which the sum expressed was to have been payable, occasioned the amendment made by the subse quent act: but that had reference to the former statute as soon as it passed, and they must be taken to gether as if they were one and the same act; (price at p.392) 17. ..... the preamble to the code lays down the objects of the code to include the insolvency resolution in a time bound manner for maximisation of value of assets in order to balance the interests of all the stakeholders. ..... it is certainly open to the committee of creditors to suggest a modification to the prospective resolution applicant to the effect that such dues ought to be paid in full, so that the carrying on of 51 the business of the corporate debtor does not become impossible for want of a most basic and essential element for the carrying on of such business, namely, electricity. ..... sashidhar (supra) and committee of creditors of essar steel india limited through authorised signatory (supra) has been reiterated by another three judges bench of this court in the case of maharashtra seamless limited (supra).147. ..... of income tax, air1997sc1279: (1997) 4 scc89and commissioner of income tax bombay v. ..... in commissioner of income-tax, bombay v. .....
Tag this Judgment!Court : Supreme Court of India
..... for the same reasons, the judgment of this court in the case of chhattisgarh state electricity board (supra) would also not take the case of the appellants any further inasmuch as, again the question, that fell for consideration was, with regard to applicability of section 5 of the limitation act to an appeal under section 125 of the electricity act, 2003.77. ..... the very fact that they had engaged a group of eminent advocates to present their cause before the delhi and the bombay high courts shows that they have the assistance of legal experts and this seems to be the reason why they invoked the jurisdiction of the delhi high court and not of the bombay high court despite the fact that they are residents of bombay and have been contesting other matters including the proceedings pending before the special court at bombay. ..... sashidhar (supra) and committee of creditors of essar steel india 143 limited through authorised signatory (supra) has been reiterated by another three judges bench of this court in the case of maharashtra seamless limited (supra).146. ..... secondly, since rp functions under the i&b code for discharging the duties bestowed upon him and assisting the process for finalization of resolution plan for survival of the corporate 38 (2020) 6 scc43899 debtor, it cannot be said that it is a purely commercial transaction between rp and the resolution applicant.98. ..... mohammad nooh [(1958) s.c.r. .....
Tag this Judgment!Court : Supreme Court of India
..... this case is materially different from cases in which termination of the ppa is sought for reasons independent of the insolvency of the corporate debtor (for instance where termination is sought for non-supply of electricity); (vii) the fact that sections 20(2)(e) and 25 of the ibc are couched in terms of a duty, does not necessarily mean that the nclt does not have jurisdiction to decide matters that arise from the duty of the rp to preserve the assets or maintain the corporate debtor as a going concern . ..... further, the bombay stamp act, 1958 defines the term 'instrument' in section 2(1) as follows :"section 2(1): instrument" includes every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded, but does not include a bill of exchange, cheque, promissory note, bill of ..... the contours of section 14 of the ibc must be determined under such an understanding of section 60(5)(c); (vi) the moratorium under section 14 of ibc is not exhaustive because: (a) the object of section 14 is protection of the corporate debtor during the cirp; (b) the preamble of the ibc provides for preserving the maximum value of the assets of the corporate debtor; and (c) section 14(3) only excludes certain kinds of agreements and transactions from moratorium under section 14(1), as notified by the central government in consultation with the financial regulator or any other authority. .....
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