Court : Supreme Court of India
..... in an interest bearing account, there is no doubt about that investment can be sought from the court under sections 32 and 33 of act of 1894, but interest in government securities is not more than what is provided in section 34 at the rate of 9 percent from the date of taking possession for one year ..... [in court, under section 31 (2)]. would entail lapse, if the amounts have not been paid for five years or more prior to the coming into force of the act of 2013. such an interpretation would lead to retrospective operation, of a provision, and the nullification of acquisition proceedings, long completed, by imposition of a norm or ..... protected by article 7 of the european convention for the protection of human rights and fundamental freedoms (1953) (cmd. 8969). the rule also applies, but with less force, outside the criminal sphere. it is again expressed in maxims, lex prospicit non respicit and omnis nova constitutio futuris temporibus formam imponere debet non praeteritis. the french civil .....
Tag this Judgment!Court : Supreme Court of India
..... the unprecedented situation, which everyone has come across and suddenly changed the lifestyle of every individual in the society, his way of working, from social 26 security to individual human rights, from macro economy to household income and has made us more stronger to face, if any difficult situation arises in future and this ..... country . 2529. in the early phases of this spread of covid 19 pandemic, the response attempted to control the ingress of the virus in our country through border control, screening of persons entering the country, follow up surveillance and contract tracing. this was followed by series of countrywide lockdown measures: lockdown 1 (25th march, ..... were forced to stop international traveling as well as locked up themselves. also, the lockdown has been recognised at the given point of time as the only method to control the spread of the pandemic and almost every country has adopted this method.28. on 25th march, 2020, the disaster management act 2005(dm act) was .....
Tag this Judgment!Court : Supreme Court of India
..... winding up proceeding, notices having already been issued under sections 13(2) and 13(4) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 [ sarfaesi act ].. the court referred to an order of 12.04.2018, by which the provisional liquidator was to take physical possession of the assets of sruil within ..... referred to in the latter have reference to proceedings taken through the court and if the creditor has resort to those proceedings he cannot put them in force against the estate or effects of the company after the commencement of the winding up without the leave of the winding up court. the provisions in section ..... be prescribed by the central government. (ii) this was done by the transfer rules, 2016 [companies (transfer of pending proceedings) rules, 2016]. which came into force with effect from 15.12.2016. rules 5 and 6 referred to three types of proceedings. only those proceedings which 21 are at the stage of pre-service of .....
Tag this Judgment!Court : Karnataka
..... is made in favour of the appellant, the appellant shall not be bound by the undertaking to demolish the said building. in the event, however, of the appellant not securing a grant in his favour of the said land within a period of six months from today, ?.?.?. appellant shall be bound, in accordance with the undertaking given by him ..... rule of law.6. the agreement dated 14.3.2005 between the chief officer of the tmc and the respondents ex facie suffers from illegality and borders around fraud on power. the provisions of the act and rules being mandatory, the chief officer, tmc had no jurisdiction or authority in 31 law to enter into the agreement, to do away with ..... s case (supra), it is needless to state that the circular instructions contrary to section 72 of the act and rule 39 of the rules, are inoperative, 33 illegal and unenforceable. even otherwise the circular when not supported by statute has no force of law. suffice it to notice that in state of madhya pradesh v. g.s. dall and flour .....
Tag this Judgment!Court : Karnataka
..... is made in favour of the appellant, the appellant shall not be bound by the undertaking to demolish the said building. in the event, however, of the appellant not securing a grant in his favour of the said land within a period of six months from today, ?.?.?. appellant shall be bound, in accordance with the undertaking given by him ..... rule of law.6. the agreement dated 14.3.2005 between the chief officer of the tmc and the respondents ex facie suffers from illegality and borders around fraud on power. the provisions of the act and rules being mandatory, the chief officer, tmc had no jurisdiction or authority in 31 law to enter into the agreement, to do away with ..... s case (supra), it is needless to state that the circular instructions contrary to section 72 of the act and rule 39 of the rules, are inoperative, 33 illegal and unenforceable. even otherwise the circular when not supported by statute has no force of law. suffice it to notice that in state of madhya pradesh v. g.s. dall and flour .....
Tag this Judgment!Court : Karnataka
..... is made in favour of the appellant, the appellant shall not be bound by the undertaking to demolish the said building. in the event, however, of the appellant not securing a grant in his favour of the said land within a period of six months from today, ?.?.?. appellant shall be bound, in accordance with the undertaking given by him ..... rule of law.6. the agreement dated 14.3.2005 between the chief officer of the tmc and the respondents ex facie suffers from illegality and borders around fraud on power. the provisions of the act and rules being mandatory, the chief officer, tmc had no jurisdiction or authority in 31 law to enter into the agreement, to do away with ..... s case (supra), it is needless to state that the circular instructions contrary to section 72 of the act and rule 39 of the rules, are inoperative, 33 illegal and unenforceable. even otherwise the circular when not supported by statute has no force of law. suffice it to notice that in state of madhya pradesh v. g.s. dall and flour .....
Tag this Judgment!Court : Supreme Court of India
..... terms:- "the contents of para 5 (g-h) of reply are wrong, misconceived and hence denied. it is submitted that central para military forces perform a critical role in maintaining internal security and guarding of national borders. by very nature, the job requirements are "technical' in nature requiring a high level of physical fitness and abilities. crpf is exempted from ..... to para 9(a)(i) of standing order no.7/99 of crpf. many disabled persons has been retained or re-instated in crpf and other armed forces after enactment of the act of 1995 and amendment of rule 20(2) of the c.c.s. (leave) rules 1972 as well as the judgment passed by this honorable ..... supply a cassus omissus.7. mr. mahabir singh, learned senior counsel for the respondent, has argued before us that the impugned judgment is correct inasmuch as the 1995 act is a beneficial legislation meant to help disabled persons and an expansive construction is, therefore, in order.8. he argued that sections 47 and 73 have to be harmoniously .....
Tag this Judgment!Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
..... regulation 11 would be "inoperative and infructuous" in the facts and circumstances, pursuant to section 11(1) r/w section 11 b of the securities and exchange board of india act, 1992 ("act" or "sebi act") the chairman who wuomoto directed the appellant to deposit a sum of under the provisions of section 11(1) read with section 11b the ..... promoters. this is recorded in the minutes of the meeting.20. in the last week of december, 1996, owing to considerable pressure from the financial institutions, bayer was forced to increase the offer price from rs.70/- per share to rs.80/- per share. the announcement to increase in the offer price appeared in the news paper ..... no relevance in the present context. the issue in that matter, related to the construction of the word "obtained", in section 1(3) of the companies securities (insider dealing) act 1985. in the present appeal, there cannot be any dispute that the appellant was an insider at the appropriate time and that by reason of his possession he .....
Tag this Judgment!Court : Supreme Court of India
..... to her, this respondent has been booked in a number of cases under sections 302 and 307 ipc as well as amongst others, under the gangster act, national security act and had been identified also as a member of the interstate gang in december 2002. accusing the state government, the above notwithstanding, of bestowing its generosity ..... right conduct. they must not extort confessions by threats or promises. they must not search a man s house without authority. they must not use more force than the occasion warrants. 89. the avowed purpose of a criminal investigation and its efficacious prospects with the advent of scientific and technical advancements have been ..... intimidated them of dire consequences if they did not refrain from their agitation for a c.b.i. inquiry. this high handed action of the police force also received media coverage, both print and electronic. the writ petition further discloses that for reasons unfathomable, the investigation of the incident was soon thereafter transferred .....
Tag this Judgment!Court : US Supreme Court
..... to congress "to make all needful rules and regulations respecting the territory or other property of the united states." this authorized the passage of all laws necessary to secure the rights of the united states to the public lands, and to provide for their sale, and to protect them from taxation. and all constitutional laws are ..... , as property, was to cease. whenever the united states shall have fully executed these trusts, the municipal sovereignty of the new states will be complete, throughout their respective borders, and they, and the original states, will be upon an equal footing, in all respects whatever. we, therefore, think the united states hold the public lands within ..... separate territory, and be called alabama." and by the 2d section of the same act it is enacted, "that all offices which exist, and all laws which may be in force when this act shall go into effect, shall continue to exist and be in force until otherwise provided by law." 3 story's laws 1634-1635. and, by the .....
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