Court : Karnataka
..... 244 wherein the hon'ble supreme court has held as follows:- " from the resume of the understanding of the term "professional or other misconduct", as it appeared in the bar councils act, or, as it is found in the advocates act, it appears that the term 'misconduct' appearing in the respective sections has to be examined, with the lens of propriety, decency and worthy living and the fitness of the person to ..... law, all other submissions of the petitioner in-person that there should be reason to believe, for initiation of proceedings under section 35 of the act, need not be gone into, notwithstanding the fact that certain judgments which inter alia consider the issue of 27 reason to believe, found in section 35 of the act, are noted hereinabove, as the complaint was not even maintainable at the hands of the complainant before the bar council. ..... mad 12777 22 complaint, he was only one of the several shareholders of a company, whose property was purchased by another company, on the basis of the legal opinion tendered by the writ petitioners. ..... of having pecuniary interest in the execution petition schedule property, which amounts to professional misconduct under rule 22, section ii "duty to the client of chapter ii, standards of professional conduct of etiquette, part vi, rules governing advocate, bar council of india rules.5. ..... the date of suits and also for all collateral, miscellaneous and slp proceedings. ..... to refer to the judgment of the 2 (2013) 4 scc46516 apex court in the case of .....
Tag this Judgment!Court : Karnataka
..... m/s sumedha laser technologies pvt ltd a company incorporated under the company act having its office at; i park, flat no.3b/415/8, 1st floor, kiadb main road, i stage, ii phase, peenya industrial area bengaluru 560 ..... orders dated 26-03-2022, 06-07-2023 and 21.07.2023 passed by the xxxi additional chief metropolitan magistrate, bengaluru in criminal miscellaneous no.5700 of 2021 are set aside, insofar as they concern granting of possession of one hectare and 2012 sq.mts ..... a company incorporarted under the companies act, having its office ..... , a company incorporated under the companies act - 3 - having its registred office at: # 49-a, ii ..... 3.7 it was only in the year 2021 that an application under section 14 of the sarfaesi act came to be filed by respondent no.1 appellant asset reconstruction company which culminated into the impugned orders, whereby, the additional chief metropolitan magistrate directed handing over possession of the property measuring 1 hectare and ..... crux question that arises for consideration is whether the additional chief metropolitan magistrate exercising powers under section 14 of the sarfaesi act, could have passed orders requiring to hand over the possession of the total area of 1 hectare and 2012 sq.mts. ..... section 13 in chapter iii of the act deals with enforcement of ..... the entitlement to take legal action from the said deed of assignment, the appellant herein invoked the provisions of sarfaesi act to issue notice under section 13(2) of the act dated 22.02.2013. .....
Tag this Judgment!Court : Karnataka
..... m/s sumedha laser technologies pvt ltd a company incorporated under the company act having its office at; i park, flat no.3b/415/8, 1st floor, kiadb main road, i stage, ii phase, peenya industrial area bengaluru 560 ..... orders dated 26-03-2022, 06-07-2023 and 21.07.2023 passed by the xxxi additional chief metropolitan magistrate, bengaluru in criminal miscellaneous no.5700 of 2021 are set aside, insofar as they concern granting of possession of one hectare and 2012 sq.mts ..... a company incorporarted under the companies act, having its office ..... , a company incorporated under the companies act - 3 - having its registred office at: # 49-a, ii ..... 3.7 it was only in the year 2021 that an application under section 14 of the sarfaesi act came to be filed by respondent no.1 appellant asset reconstruction company which culminated into the impugned orders, whereby, the additional chief metropolitan magistrate directed handing over possession of the property measuring 1 hectare and ..... crux question that arises for consideration is whether the additional chief metropolitan magistrate exercising powers under section 14 of the sarfaesi act, could have passed orders requiring to hand over the possession of the total area of 1 hectare and 2012 sq.mts. ..... section 13 in chapter iii of the act deals with enforcement of ..... the entitlement to take legal action from the said deed of assignment, the appellant herein invoked the provisions of sarfaesi act to issue notice under section 13(2) of the act dated 22.02.2013. .....
Tag this Judgment!Court : Karnataka
..... so declared by a competent court; (c) is an undischarged insolvent; or (d) has been removed or dismissed from service of the central government or a state government or a body or corporation owned or controlled by the central government or a state government; or (e) refuses to act or becomes incapable of acting; or 11 (f) without obtaining leave of absence from the commission, absents from three consecutive meetings of the commission; or (g) has in the opinion of the government, so abused the position of chairperson or member as to render that person's continuance in office ..... or by the central government or by the government of karnataka and the central government, or by a subsidiary of a wholly owned government company, the government of karnataka shall have the right to nominate and appoint one or more of the directors to the office of the chairman of the board of directors or managing director or whole time directors of the company for such term and on such remuneration and/or allowance as it may think fit and may at any time remove him ..... as far as the first ground regarding violation of the provisions of the said act of 2013 is concerned, we have carefully perused the memorandum of writ petition filed by the ..... it would be evident from chapter v of the said manual that to appoint the chief standing counsel, the standing counsel and the government advocate, additional government advocate, deputy government advocate and assistant government advocate, the state government .....
Tag this Judgment!Court : Supreme Court of India
..... bottles filled with water on targets, there is no material to suggest commission of any offence which falls under section 15 of uapa, whereas all these alleged acts were part of the preparation of committing terrorist acts, particularly when the respondents were imparting training as to how to hurl bombs by using water filled beer bottles and how to use weapons like knives and swords ..... modified application of certain provisions of the code (1) to (4) (5) notwithstanding anything contained in the code, no person accused of an offence punishable under chapters iv and vi of this act shall, if in custody, be released on bail or on his own bond unless the public prosecutor has been given an opportunity of being heard on the ..... ahmad shah watali2 to submit that the special provision of section 43(d) of uapa applies right from the stage of registration of fir for the offences under chapter iv1(2024) scc online sc1092 (2019) 5 scc16 and vi of the uapa until the conclusion of the trial thereof, and that the court is ..... by the learned counsels for the respondents, it has been observed that a constitutional court is not strictly bound by the prohibitory provisions of grant of bail in 1967 act, and can exercise its constitutional jurisdiction to release the accused on bail who has been incarcerated for a long period of time relying upon article 21 of the constitution ..... out of the same fir, the present appeal was liable to be dismissed under order xxii, rule 2(3) of the supreme court rules, 2013. .....
Tag this Judgment!Court : Supreme Court of India
..... hereunder:- statement of objects and reasons1 the accountancy profession in india is at present regulated by the auditors certificates rules framed in 1932 in exercise of the powers conferred on the government of india by section 144 of the indian companies act, 1913, and the indian accountancy board advises government in all matters relating to the profession and assists it in maintaining the standards of the professional qualifications and conduct required of the members of the profession. ..... of maintenance of quality audit work had suffered due to no monitoring mechanism of this crucial ceiling limit by either respondent-institute or itd as per the following statistics: stratification of total tars issued by chartered accountant for assessment year 2013-14 (vide cag report no.32/2014, section 3.6) range of tars total number of percentage of issued accountants total accountants 1-45 53,463 81.13 46-100 10,838 16.45 101-200 1,364 2.07 201-300 166 0.25 301-400 45 0.07 401-500 10 0.02 501-1000 ..... was prayed by the respondent-institute that all the writ petitions/transferred cases filed before various high courts and this court challenging the validity of chapter vi of the council guidelines no.1-ca(7)/02/2008 dated 08.08.2008 issued by the respondent-institute be held to be devoid of any merits and thereby dismissed. ..... four such petitions filed before the madhya pradesh high court have been brought to our attention, being miscellaneous petition no.2844 of 1989 prem chand vs. .....
Tag this Judgment!Court : Supreme Court of India
..... and most of these lands were/are under use for other than agricultural purposes, we deem it appropriate to invoke our powers under article 142 of the constitution and dispense with the compliance of chapters ii and iii of the 2013 act whereunder it is essential to prepare a social impact assessment study report and/or to develop alternative multi-crop irrigated agricultural land. ..... assuming that the explanation given by the appellant that the suit had been filed by one of the directors of the company without the knowledge of the director who almost simultaneously approached the high court under article 226 is unbelievable (sic), the question still remains whether the filing of the suit can be said to be a ..... the above directions however shall not apply to the following miscellaneous matters (group d) which have been incorrectly tagged in the ..... the aforementioned civil appeals and miscellaneous applications are disposed of on ..... group d group d.1 cases filed by landowners; 5 (miscellaneous cases seeking a different relief; matters) cases where no notice has been issued either on delay or on merits group d.2 cases where no notice has been issued either on delay or 11 on merits total81group e not applicable ..... the page 12 of 57 authorities (dda, gnctd, lac, and l&b) who had not earlier challenged the judgments and orders of the high court declaring land acquisition proceedings as lapsed, approached this court by way of slps/miscellaneous applications ( m.a.s , hereafter)/review petitions. .....
Tag this Judgment!Court : Supreme Court of India
..... between the hon ble judges of the division bench, taking an overall and holistic view of the matter and in the light of the larger public interest that is involved, in each of the rps and miscellaneous applications that have been dealt with by this judgment (except those remanded to the high court and those de-tagged for separate listing infra), we issue the following directions: page 80 of 90 a) the time ..... market value of the building or assets attached with the land in accordance with section 29 and shall further award solatium in accordance with section 30 of the 2013 act; j) in the peculiar facts and circumstances of this case, since it is difficult to reverse the clock back, the compliance of chapter (v) pertaining to rehabilitation and resettlement award is hereby dispensed with; and k) the expropriated landowners shall be entitled to seek reference for enhancement of compensation in accordance ..... must clarify that our statement does not imply an absolute prohibition against filing of miscellaneous applications seeking 'clarification,' 'modification,' or 'recall' following the initial disposal ..... as we approach the end, we need to address question (f) regarding the maintainability of several miscellaneous applications in the present batch that seek recall of certain orders of this court, whereby some of the land acquisition proceedings were ..... emerged in this court of repeated applications, styled as miscellaneous applications, being filed after a final judgment has been .....
Tag this Judgment!Court : Supreme Court of India
..... the collector shall determine the market value of the building or assets attached with the land in accordance with section 29 of the 2013 act, and shall further award solatium in accordance with section 30 of the 2013 act; 111 (j) in the peculiar facts and circumstances of this case, since it is difficult to reverse the clock back, the compliance of chapter (v) pertaining to rehabilitation and resettlement award is hereby dispensed with; and (k) the expropriated land-owners shall be entitled to seek ..... to the cases which form part of list-c.2 , it appears that the review petitions and miscellaneous applications are based on grounds other than 105 change of law. ..... list c.2 review petitions de-tagged and listed and miscellaneous separately on 22 july applications filed 2024 (as per kl rathi before shailendra (supra)) (supra) and/or not primarily pleading change ..... c.1 review petitions to be dismissed using (review and miscellaneous article 142 and petitions/mas) applications acquisition to be re- primarily pleading initiated under 2013 change of law. ..... list c: review petitions and miscellaneous applications list c.1: review petitions and miscellaneous applications primarily pleading change of ..... covid-19 cases across the country rose again, a miscellaneous application was filed and vide an order dt. ..... the aftermath of shailendra (supra) that the appellants filed most of the present appeals, review petitions and miscellaneous applications seeking a favourable determination of their rights. 3.11. .....
Tag this Judgment!Court : Supreme Court of India
..... said provision is as under: section 363-compensation to be paid: (1) compensation shall be paid by the corporation to the owner of any building or land acquired for a public street, square, park or garden under the provisions of this chapter: provided that any increase or decrease in the value of the remainder of the property, of which building or the land so acquired formed part, likely to accrue from the setting back to the regular line of a public street, shall ..... (ii) sections 5a(1), 6, 11a, and 34 of the land acquisition act, 1894, sections 6(1a) and 9 of the requisitioning and acquisition of immovable property act, 1952, sections 4(2), 7(4), 7(5), 11(5), 14, 15(1), 16(1), 19(2), 25, 38(1), 60(4), 64 and 80 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 and sections 3c(1), 3d(3) and 3e(1) of the national highways act, 1956, prescribe for statutory frameworks for the completion of individual steps in the process of acquisition of land ..... has referred to section 363 of the act provisioning compensation for acquisitions made under section 352 of the act and submitted that acquisition under this chapter is therefore complete and stands on its ..... the context in which section 352 is located in chapter xxi of part vi of the act relating to streets for public place , also makes the position clear that this provision relates to vesting of public street, squares, parks and gardens in the appellant-corporation but does not .....
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