Court : Supreme Court of India
..... falls for consideration before this court is whether the respondent bharat coking coal limited (bccl) was justified in rejecting the technical bid of the appellant, while accepting the technical bid of the respondent no.8 - company, and declaring it to be successful bidder, though the respondent no.8 had not complied with the mandatory requirement of submitting the important documents relating to the qualification criteria as contained in clause 10 of the notice ..... the appellant-company vide board resolution dated 07.11.2023 resolved to authorise its director lalti devi for the purpose of participating in the said tender and also executed a power of attorney in the ..... the appellant-banshidhar construction private limited has assailed the judgment and order dated 18.07.2024 passed by the high court of jharkhand at ranchi in writ petition (civil) no.2896 of 2024, whereby the high court has dismissed the said writ petition, confirming the impugned decision dated 06.05.2024 ..... required to have a valid power of attorney in his favour at least on the date on which he was signing and executing the bid documents, and therefore the appellant did not meet with the eligibility criteria 5 prescribed under the terms of the nit. ..... it would be apposite to note that as per section 2 of the power of attorney act, 1882, the donee of a power-of-attorney may, if he thinks fit, execute or do any instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by the .....
Tag this Judgment!Court : Supreme Court of India
..... act was passed on the same grounds as were mentioned in the preamble to the repealed 29 ordinance, namely, mismanagement and neglect prejudicially affecting the production of an essential commodity and causing serious unemployment amongst a section of the community, the petitioner could hardly be expected to assume the burden of showing, not that the company's affairs were properly managed, for that is not his case, but that there were also other companies ..... the majority) observed thus: .the government of india, as a matter of precaution and lest it should be said that they were 16 going to interfere unnecessarily in the affairs of the company and were not allowing the existing provisions of the law to take their own course, consulted other interests and placed the matter before the standing committee of the industrial advisory council where a large ..... whether the remedies provided under the societies registration act were sufficient to meet the exigencies of the situation is not for the court to decide but it is for the government and if the government thought that the conditions prevailing in the auroville and the society can be ameliorated not by resorting to the provisions of the societies registration act but by a special enactment, that is 43 an area of the exercise of the discretion ..... union of india17, this court was considering the proviso to section 11 (1-a) of the all-india institute of medical sciences act, 1956 vide which the tenure of the petitioner therein was sought .....
Tag this Judgment!Court : Supreme Court of India
..... to his obligations under corporate social responsibility referred to in section 135 of the companies act, 2013 (18 of 2013); (g) goods or services or both used for personal consumption; (h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and (i) any tax paid in accordance with the provisions of section 74 in respect of any period up to financial year ..... one hundred and eighty days from the date of issue of invoice by the supplier, an amount equal to the input tax credit availed by the recipient shall be paid by him along with interest payable under section 50, in such manner as may be prescribed: provided also that the recipient shall be entitled to avail of the credit of input tax on payment made by him to the supplier of the amount towards the ..... such supply has been actually paid to the government, either in cash or through utilisation of input tax credit admissible in respect of the said supply; and (d) he has furnished the return under section 39: provided that where the goods against an invoice are received in lots or instalments, the registered person shall be entitled to take credit upon receipt of the last lot or instalment: provided ..... is that, in the present case, the provisions do not meet the test of reasonable classification, which is a part of ..... it is only where statutes are passed which impose taxes on false and unjust principle, or operate to produce gross inequality, so that they cannot be deemed in any just sense proportional .....
Tag this Judgment!Court : Supreme Court of India
..... and reform) act, 1956; section 18, karnataka habitual offenders act, 1961; section 18, kerala habitual offenders act, 1960; section 12, orissa restriction of habitual offenders act, 1952; section 14, rajasthan habitual offenders act, 1953 302 section 6, andhra pradesh habitual offenders act, 1962; section 6, goa, daman and diu habitual offenders act, 1976; section 6, gujarat habitual offenders act, 1959; section 6, bombay habitual offenders act, 1959; section 6, himachal pradesh habitual offenders act, 1969; section 9, jammu and kashmir habitual offenders (control and reform) act, 1956; section 6, karnataka habitual offenders act, 1961; section 6, kerala habitual offenders act, ..... any cash to them.189 absence of an individual of a criminal tribe from his specified residence without a pass was punishable with rigorous imprisonment from one to two years or whipping with 20 to 30 stripes.190 other states manuals also prohibited criminal tribes from possessing any means of locomotion.191 the rewa wandering criminal tribes act, 1925, applied in vindhya pradesh, required members of wandering criminal tribes to report at ..... government also repealed the application of the act to its territory in 1949.206 122 by a resolution dated 28 september 1949, the government of independent india appointed the criminal tribes act enquiry committee under the ..... concerns are raised, the same may be raised in the meetings with the secretary, dlsa to ..... criminal: adventures in penology, macmillan company (1931), .....
Tag this Judgment!Court : Supreme Court of India
..... the reply of assessee furnished, if any, in response to the show-cause notice referred to in clause (b); (d) decide, on the basis of material available on record including reply of the assessee, whether or not it is a ct case to issue a notice under section 148, by passing an order, with the prior approval of specified authority, within one month from the end of the month in which the reply referred to in clause (c) is received by him, or where no such reply is furnished, within one month from ..... for the entire nation for twenty-one days to contain the spread of the covid-19 pandemic.14 following this, the central government sought to implement various relief measures to redress the challenges faced by the taxpayers in meeting the statutory requirements due to the pandemic.15 on 31 march 2020, the president of india promulgated the taxation and other laws (relaxation of certain provisions) ordinance 202016 to extend time limits for completion or compliance ..... , the assessing officer shall serve on the assessee a notice, along with a copy of the order passed, if required, under clause (d) of section 148a, requiring him to furnish within such period, as may be specified in such notice, a return of his income or the income of any other person in respect of which he is assessable under this act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner ..... bengal immunity company ltd ..... ltd, 1956 scc online sc1 [it was .....
Tag this Judgment!Court : Supreme Court of India
..... the present appeal challenges the final judgment and order dated 1st september 2017 passed by the high court of judicature at hyderabad for the state of telangana and the state of andhra pradesh, whereby the high court dismissed the criminal petition no.5778 of 2016 filed by the accused persons, including the 1 appellants herein, under section 482 of the code of criminal procedure, 1973 ( crpc. ..... , or other offences of mental depravity under ipc or offences of moral turpitude under special statutes, like the prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all. ..... this court found that in view of a compromise arrived at between the company and the bank, it was a fit case where a technicality should not be allowed to stand in the way of quashing of the criminal proceedings. ..... this court specifically noted that though it is alleged that 8 (2003) 4 scc67515 certain documents had been created by the appellant therein to avail of credit facilities beyond the limit to which the company was entitled, the power of quashing could be exercised. ..... and the compromise arrived at between the company and the bank as also clause 11 of the consent terms filed in the suit filed by the bank, we are satisfied that this is a fit case where technicality should not be allowed to stand in the way in the quashing of .....
Tag this Judgment!Court : Karnataka
..... day, order was made therein as under: coram: hon'ble mr justice m.nagaprasanna oral order the petitioner / accused no.14 in crime no.250 of 2024 registered for offences punishable under sections 302 and 201 of the ipc is knocking at the doors of this court calling in question an order dated 27-08-2024 passed by the xxiv additional chief judicial magistrate, bengaluru, directing transfer of the petitioner, an under-trial prisoner, from bangalore central prison to belagavi.-. ..... case, is unsustainability of the order of shifting of the petitioner/accused no.14 from bangalore, central prison to belagavi, central prison, as it is done without any basis as there was no allegation against the petitioner that he had indulged in certain acts making himself the reason for such transfer, and is in violation of the principles laid down by the apex court in the case of saeed sohail (supra).12. ..... he would allege that when the wife of the petitioner went to meet him, shocking revelations were made by the husband / accused no.14, that he was housed in an andheri cell, a cell with darkness for 15 hours and is made to sit in front of the camera for 8 hours, on the score that he ..... to be at all done, it could be shifting of accused no.2, darshan, as he who was in the scene, in the company of others, with a coffee sipping and cigarette. ..... appearing for the petitioner would vehemently contend that the petitioner/accused no.14 was not in the scene, in the company of darshan, accused no.2 or - 5 - nc:2024. .....
Tag this Judgment!Court : Karnataka
..... offence which, in the opinion of the central government or, as the case may be, of the state government, involves moral turpitude, or (d) is, or at any time has been, convicted of an offence under this act, or (e) has directly or indirectly by himself or by any partner, any share or interest in any firm or company carrying on the business of manufacture, sale or hire of machinery, plant, equipment, apparatus or fittings for the treatment of sewage or trade effluents, or (f) is a director or a secretary, manager or other salaried ..... petitioner was at mangalore for conducting inspection of an industry, respondent no.3 called a meeting on 24th may 2024 in the absence of petitioner-chairman and passed a resolution. ..... charges not framed 5.5 in the present case, the first two show cause notices were not shown to be issued under section 6(1)(g) of the act which was the only provision to proceed against the incumbent for his disqualification or removal, nor did it speak anything about ..... the supreme court discussed the concept of abuse of power in the context of provisions of punjab municipal act, 1911, section 22 of which act contemplated abuse of powers to be a ground for removal of the president of the municipal council.-. ..... connotation abused 5.8 the impugned order is passed under section 6(1)(g) of the water act which makes the provision that if the member of the board has abused his position as member, has to render his continuance on the board detrimental to the interest of general .....
Tag this Judgment!Court : Karnataka
..... of the appeal, an order dated 8.12.2017/15.12.2017 under section 7 of the insolvency and bankruptcy code, 20164 was passed by the national company law tribunal, mumbai bench5 in cp no.1371-1372/i&bp/nclt/mah/2017, whereunder the nclt ordered commencement of corporate insolvency resolution process6 against ruchi soya industries ltd. ..... questions of law as set out in the present appeal or any other substantial questions of law that arises for consideration of this honble court, set aside final order no.21234/2023 dated0911.2023(annexure-a) passed by the customs, excise and service tax appellate tribunal, bangalore and it may kindly be held that the proceedings in relation to impugned demands have become infructuous and consequently stands abated and accordingly, any ..... learned counsel for the appellant-assessee contends that admittedly, cirp proceedings were ordered against the assessee ruchi soya and consequent to the modified resolution plan approved by the committee of creditors during the cirp, which has been approved by the nclt, patanjali has continued the business ..... (ii) as to whether the amendment to section 31 by section 7 of act 26 of 2019 is clarificatory/declaratory or ..... poonacha) the present appeal is filed by the assessee under section 35g of the central excise act, 19441 challenging the final order no.21234/2023 dated 9.11.2003 passed in excise appeal no.25387/2013 by the customs, excise and service tax ..... 1 hereinafter referred to as act of 1944 2 hereinafter referred to as .....
Tag this Judgment!Court : Karnataka Dharwad
..... the case in w.p.no.101473/2023 is that, respondent no.2 herein issued a notification under section 3 of the karnataka slum areas (improvement and clearance) act, 1956 ( the slum act , for short) notifying the land belonging to the petitioner bearing r.s.no.37/2b measuring 1 acre ..... aag appearing for the respondent state brought to the notice of this court annexure-k passed by the respondent government de-notifying the same since the preliminary notification dated 16.11.2018 vide ..... no.37/2 vide annexure-k and also issue a writ in the nature of mandamus directing the respondents to take further steps pursuant to the notification dated 16.11.2018 bearing no.vae-134- kome-2018 passed by respondent no.1 vide annexure-e and grant such other reliefs as deems fit in the circumstances of the case.-. ..... by respondent no.1 in contempt petition as annexure-n, copy of the counter affidavit dated 09.09.2022 filed by the petitioners in contempt proceedings along with documents at annexure-p, copy of the order dated 12.09.2022 passed in contempt petition as per annexure-q, copy of the communication dated 12.04.2002 by respondent no.4 to respondent no.1 - 22 - nc:2024. ..... khc-d:14142 wp no.101473 of 2023 c/w wp no.104671 of 2023 so also copy of the order dated 01.09.2021 passed in w.p.no.145811/2020 as per annexure-f, copy of the minutes of deliberations of the housing department as annexure-g, copy of the impugned report dated 25.03.2023 by the deputy commissioner at annexure-j, copy of the memo dated .....
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