Court : Supreme Court of India
..... may be specified by the board, as per plans, designs and conditions to be approved by the board or in conformity with the provisions of the city of bangalore municipal corporation act, 1949 and the bye-laws made thereunder; (ii) the purchaser shall not without the approval of the board, construct on the site any building other than a building for the construction of which ..... done by the plaintiff, and having found that the second defendant was not a bonafide purchaser for value without notice, and taking the view that section 23 of the specific relief act, 1963 did not apply at all and there being no reason to not exercise discretion in favour of the plaintiff, the suit was decreed by directing defendant-1(a), defendant-1(b) 4 and ..... the property as per plans, designs and conditions to be approved by the lessee/vendor and in conformity with the provisions of the city of bangalore municipal corporations act, 1949, and the bye-laws made thereunder within two years from the date of this agreement: provided that where the lessor/vendor for sufficient reasons extends in ..... the court, in the said case, affirmed the decision of the judicial commissioner, decreeing a suit for specific performance, taking note of section 50 of the central provinces act of 1920, which read as follows and the court, inter alia, held as follows thereafter: if a proprietor desires to transfer the proprietary rights in any portion of ..... , would defeat the provisions of the bombay tenancy and agricultural lands act, 1948. .....
Tag this Judgment!Court : Supreme Court of India
..... amendment which came into effect from 18.01.2018: section 29 a persons not eligible to be resolution applicant a person shall not be eligible to submit a resolution plan, if such person or any other person acting jointly or in concert with such person xxx xxx xxx (h) has executed an enforceable guarantee in favour of a creditor, in respect of a corporate debtor against which an application for insolvency resolution made ..... or control of such person or of whom such person is a promoter, classified as non-performing asset in accordance with the guidelines of the reserve bank of india issued under the banking regulation act, 1949 and at least a period of one year has lapsed from the date of such classification till the date of commencement of the corporate insolvency resolution process of the corporate debtor: provided that ..... the same are reproduced as under: section 29 a persons not eligible to be resolution applicant a person shall not be eligible to submit a resolution plan, if such person or any other person acting jointly with such person or any other person who is a promoter or in the management or control of such person, - xxx xxx xxx (c) has an account, or an account of a ..... to the subject-matter, consider the importance of the provision and the relation of that provision to the general object intended to be secured by the act, and upon a review of the case in that aspect decide whether the enactment is what is called imperative or only directory.38.a driedger, construction of .....
Tag this Judgment!Court : Supreme Court of India
..... . even though the appellate court was conscious of the limitations that are imposed on a court when deciding a challenge laid to the arbitral award made under the 1940 act, and despite acknowledging the same in the impugned judgment, it did not show any restrain and not only did it proceed to reappreciate the terms and conditions of the contract as also the ..... aggrieved by the award dated 24th june, 1999, the respondent- union of india moved a petition under section 30 read with section 33 of the 1940 act, which was dismissed by the learned single judge vide order dated 19th january, 2009 and a decree was passed in terms of the award holding that the appellant-claimant herein would be entitled to ..... that the court does not sit in appeal over an award passed by an arbitrator and the only grounds on which it can be challenged are those that have been specified in sections 30 and 33 of the arbitration act, namely, when there is an error on the face of the award or when the learned arbitrator has mis-conducted himself or the proceedings ..... (supra), relied on by the respondent union of india, on a conspectus of the case law relating to an award made under the arbitration act, 1940 and the scope of interference by courts in such an arbitral award, the legal position was summarized by the court in the ..... dated 19th january, 2009, the learned single judge had dismissed the said 1 in short 1940 act 1 civil appeal no.1533 of2017petition filed by the respondent-union of india and had upheld the .....
Tag this Judgment!Court : Supreme Court of India
..... only after the grant of experimental licence on 07.05.2009; (ix) that in any case the experimental licence was to establish wireless telegraph station in india under the india telegraph act, 1885, without which experimental trials could not have been conducted; (x) that devas obtained iptv licence as part of isp licence, which has nothing to do with what ..... any other person authorised by the central government by noti fication under this act, the tribunal is of the opinion that the affairs of the company have been conducted in a fraudulent manner or the company was formed for fraudulent and unlawful purpose or the ..... a petition under sec tion 272, be wound up by the tribunal, (a) if the company has, by special resolution, resolved that the company be wound up by the tribunal; (b) if the company has acted against the interests of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states, public or der, decency or morality; (c) if on an application made by the registrar or ..... relating to the calculation of the commission payable to a managing or other director, or the manager, of the company.6.5 thus a combined reading of sections 439(1)(f), 243 and 237(b) of the 1956 act shows that, (i) fraud in the formation of the 19 company; (ii) fraud in the conduct of affairs of the company; and (iii) fraud on the part of the persons engaged in .....
Tag this Judgment!Court : Supreme Court of India
..... to make the payment due and payable, the borrowers failed to repay the amount due and payable, the appellant proposed to proceed further with the proceedings under the sarfaesi act and therefore vide communication dated 13.08.2015, the borrowers were called upon to make the payment within 15 days failing which it was proposed to take further steps under the provisions of the ..... 64.1 it is submitted that as such the writ petitions against the private party arc and that too against the communication proposing to take action under the sarfaesi act would not be maintainable at all, and, therefore, the high court ought not to have entertained such writ petitions and ought not to have granted the interim protection to the borrowers, ..... scc252while upholding the order passed by the high court dismissing the writ petition on the ground that an efficacious remedy is available under section 17 of the sarfaesi act, it was observed that ordinarily relief under articles 226/227 of the constitution 18 of india is not available if an efficacious alternative remedy is available to any ..... 5.3 now, in so far as the submission on behalf of the appellant that assuming that a communication dated 13.08.2015 can be said to be a sarfaesi action under section 13(4) of the act, the borrowers had to prefer an appeal under section 17 and, therefore, the writ petition would not be maintainable and/or is required to be entertained, it is vehemently submitted by shri patil, learned senior advocate appearing on .....
Tag this Judgment!Court : Supreme Court of India
..... madhvi divan, learned additional solicitor general for india appearing for the appellant relied upon the 7 | pa ge statement of objects and reasons of the 2003 act to submit that the receiving state is bound by the legal nature and duration of the sentence as determined by the transferring state, though the enforcement of the sentence is governed by the law of ..... foreign prisoners was a matter of concern for the government of india as well as foreign governments for which the repatriation of prisoners act, 2003 was enacted in conjunction with bilateral treaties enabling the central government to transfer foreign convicted persons to their country and vice ..... doing so, the high court failed to examine the statement of object and reasons for the 2003 act, the scope of sections 12 and 13 of the 2003 act and the agreement for transfer of prisoners as entered into between republic of india and republic of ..... according to the learned additional solicitor general, discretion vested in the central government under section 13 (6) of the 2003 act required to be exercised only when the sentence of imprisonment passed against the prisoner by the contracting state is incompatible with the indian ..... the duration of imprisonment shall be in accordance with the terms and conditions referred to in section 14 | pa ge 12 (1) of the 2003 act, meaning thereby that the acceptance of transfer of a prisoner shall be subject to the terms and conditions in the agreement between the two countries with respect to .....
Tag this Judgment!Court : Supreme Court of India
..... if that be so, plaintiffs no.4 and 5 apart from being non members who could not have invoked the provisions of the apcs act, were also rival claimants and competitors for allotment of the same plot which is the subject matter of dispute. ..... be that as it may, whether it was before the authorities under the a.p.c.s act or if the parties were relegated to the jurisdictional court under the civil procedure code, grant of relief would have arisen only if there was definite material to indicate that the plot in question was reserved as a parking ..... by the said order, the learned division bench of the high court has allowed the writ petition and quashed the award dated 28.01.2004 passed by the divisional co operative officer, cuddapah acting as an 1 arbitrator in deciding the dispute raised under section 61(1) (b) of the andhra pradesh co operative societies act, 1964 ( apcs act for short). ..... the act has made a provision for members of a co operative society to approach the co operative officer designated, when there is a dispute amongst the members of a society or the member/members against the society etc.9. ..... from a perusal of the proceedings, it is noted that the appellant along with the others had raised the dispute before the divisional co operative officer invoking section 61 of the apcs act. .....
Tag this Judgment!Court : Supreme Court of India
..... did not provide for dependent s pension, children s pension or withdrawal benefits and such benefits are designed only under the employees pension scheme 1995 introduced under the provisions of the act 1952.35. mr. gurminder singh, learned senior counsel for the serving employees submits that that as per the pension scheme introduced by the appellant bank, the employees have to make ..... plea of vested right which has been considered by the high court is completely misplaced and as long as the appellant bank fulfils its statutory liability under the provisions of the act 1952, which they are under an obligation to comply with, the employees are not entitled to claim pension under the scheme introduced by the bank after it stands withdrawn with ..... it 20 will almost be a double payment to the employees which is over and above the payment which was admissible to the employees in terms of statutory pension scheme 1995 under the act 1952 and that apart, there are categories of employees who have settled their accounts under one time settlement which was approved by the government and if the judgment is to be implemented in ..... after examining the proposal and the legal opinion sent by the bank, in exercise of powers vested vide section 84a(2) of the punjab cooperative societies act 1961, registrar cooperative societies, is pleased to allow the following amendments in the punjab state cooperative agricultural development bank service common cadre rules 1978 as under: rule existing amended 15 .....
Tag this Judgment!Court : Supreme Court of India
..... (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage by any other person, to either party to the marriage or to any other person; 7 for short the dowry act page 9 of 20 criminal appeal no.190 of2012at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the muslim ..... we, therefore, declare that any money or property or valuable security demanded by any of the persons mentioned in section 2 of the dowry prohibition act, at or before or at any time after the marriage which is reasonably connected to the death of a married woman, would necessarily be in connection with or in relation to the marriage unless, the facts of a given case clearly ..... term which is required to be considered under specific circumstances of each case and no 15 for short the evidence act page 15 of 20 criminal appeal no.190 of2012straitjacket formula can be laid down by fixing any time-limit. ..... in surinder singh (supra), while relying on the provisions of section 113-b of the indian evidence act, 187215 and section 304-b ipc, where the words soon before her death find mention, the following pertinent observations have ..... when dealing with cases under section 304-b ipc, a provision legislated to act as a deterrent in the society and curb the heinous crime of dowry demands, the shift in the approach of the courts ought to be from strict to liberal .....
Tag this Judgment!Court : Supreme Court of India
..... in view of the above factual scenario, the question posed is: whether the employees of walmi, which is an independent autonomous entity registered under the societies registration act, are entitled to the pensionary benefits on par with the state government employees?.10.1 while answering the aforesaid question, few decisions of this court on the inference of the courts in the policy decision ..... 10.5 in the present case, walmi being an autonomous body, registered under the societies registration act, the employees of walmi are governed by their own service rules and conditions, which specifically do not provide for any pensionary benefits; the governing council of walmi has adopted the ..... submitted by shri mehta, learned solicitor general that walmi is an independent autonomous body, a society registered under the societies registration act and the administration and management 9 vest with its governing council. ..... the high court has failed to appreciate that the walmi is an autonomous body and a society registered under the provisions of the societies registration act, 1860 8 and is an independent entity governed by its own rules and regulations. ..... discrimination cannot be invoked in cases where discrimination sought to be shown is between acts of two different authorities functioning as state under article 12 of the constitution. ..... institute (hereinafter referred to as walmi ) is a society registered under the societies registration act, 1860, which has its own memorandum of association. .....
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