Court : Karnataka
..... navadagi, senior counsel for sri madhukar deshpande, advocate) this writ petition is filed under articles226and227of the constitution of india r/w section482of code of criminal procedure, 1973 praying to declare section2126) and217of the companies act, 2013 as unconstitutional; quash the order dated2812.2017 at annexure-a taking cognizance and issuing arrest warrant by the learned special judge against the petitioner in spl.cc.no.12/2018 pending on the file of the lix addl. ..... navadagi, senior counsel for sri madhukar deshpande, advocate) this writ petition is filed under articles226and227of the constitution of india r/w section482of code of criminal procedure, 1973 praying to declare section2126) and217of the companies act, 2013 as unconstitutional; quash the order dated2812.2017 at annexure-a taking cognizance and issuing arrest warrant by the learned special judge against the petitioner in spl.cc.no.12/2018 pending on the file of the lix addl. ..... the remittance, if had come in the normal course, would have gone for reduction in purchase price of the aircraft or accounted as miscellaneous income in the books of erstwhile kfal. ..... chapter 4 of the companies act 1956 covers arbitrations, compromises, arrangements, and reconstructions. ..... chapter-ii of cr.pc deals with the constitution of criminal courts and offices. ..... iv) [chapter iv of investigation report volume-i & ii deals with the factual matrix of accused no.1 (till merger) and 2 (post merger). .....
Tag this Judgment!Court : Supreme Court of India
..... the present appeals arise out of a common order dated 14.01.2016 passed by the high court of madhya pradesh (the high court ) in miscellaneous criminal case bearing numbers (i) 6972 of 2015; (ii) 6981 of 2015; and (iii) 7663 of 2015, whereunder the high court in exercise of its jurisdiction under section 482 of the code of criminal procedure ( crpc ) quashed ..... in the backdrop of the interpretation of the various relevant provisions of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 or the inherent powers under section 482 of the code ..... an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party. ..... kc palanisamy and others [2013 (6) scc740 to state that the hon ble supreme court and this hon ble court have repeatedly held and quashed fir and criminal proceedings relating to a dispute of title of property ..... justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice. .....
Tag this Judgment!Court : Supreme Court of India
..... this court in the case of supertech limited-vs- emerald court owner resident welfare association & others [(2023) 10 scc817, a two-judge bench of this court examined the maintainability of miscellaneous applications for clarification, modification or recall and was pleased to observe the following in the context of that case:- 12. ..... three- judge bench has already examined the question of lps and by taking out a miscellaneous application, the applicant cannot ask for reliefs which were not granted in the main judgment ..... our opinion, the provision which pertains to a suit would not ipso facto apply to a miscellaneous application invoking inherent powers of this court, instituted in a set of statutory appeals which stood ..... the judgment disposing of the civil appeal was delivered on 11.04.2017, but in the miscellaneous application, the applicant was given liberty to approach the central electricity regulatory commission for approval of the proposed amendments to be ..... moreover, the question whether such a prayer could be made in an application labeled as a miscellaneous application taken out in connection with a set of appeals which have been finally decided, does not appear to have been considered by this court at the time of making ..... there are, however, two chapters in the 2013 rules which permit review of a judgment or order of this court, ..... bose, j.the applicant, adani power rajasthan limited (aprl), is a generating company as per section 2(28) of the electricity act, 2003 ( 2003 act ). .....
Tag this Judgment!Court : Karnataka
..... these two petitions were filed under sections 391-394 of the companies act, 1956 (hereinafter for short referred to as the "act, 1956") seeking sanction to the scheme of arrangement of ttk services private limited to ttk property ..... sherwal, advocate) and: nil respondent (by sri r a machakanur, aga) this company petition is filed under section391to394of the companies act, 1956 praying to sanction the scheme of arrangement so as to be binding on all the shareholders of the petitioner and on the petitioner and the transferor company and etc. ..... the absence of any such notification under section 46 of the act of 1957, the petitioner-company in cop no.230/2013 shall pay interest @ 8% per annum on rs.3,10,000/- with effect from 22.02.2013 till 12.12.2023 within 30 days from today. ..... in the high court of karnataka at bengaluru dated this the14h day of march, 2024 before the hon'ble mr justice anant ramanath hegde company petition no.230 of2012between: ttk property services private limited, ferns icon, ground floor, marathahalli outer ring road, doddenakundi, bangalore - 560 037 ..... the learned government advocate urged that there is unjustifiable inordinate delay in furnishing the affidavit containing the list of assets of the company as such there is inordinate delay in paying the requisite stamp duty which was required to be paid immediately after the order sanctioning ..... the act of 1957 provides for payment of interest in respect of certain orders passed under the chapter iv of the act of 1957 .....
Tag this Judgment!Court : Karnataka
..... apex court also in commissioner, bangalore development authority s case held that civil court is devoid of jurisdiction to give declaration or even bare injunction on invalidity of procedure contemplated under land acquisition act, only right available to aggrieved person is to approach high court under article 226 and supreme court under article 136 of constitution with self-imposed restrictions on their exercise of extraordinary power, it ..... observed that having regard to the power of bda to initiate action against such persons under the provisions of the karnataka premises (eviction of unauthorized occupants) act, 1974 or initiate prosecution under section 33a of the bda act, in regard to unauthorized occupant, filing of civil suits by the unauthorized occupant may only buy him some breathing time and nothing more, unless he has ..... came near the schedule property and attempted to demolish the structures in the said property highhandedly and though at that time, the said illegal acts were resisted and stopped by the plaintiff and the neighbours, the defendant has been threatening her of demolishing the existing structures on the schedule property ..... any right to subsequent purchasers to invoke provisions of section 24(2) of 2013 act, even proviso to section 24(2) does not recognise such purchasers and the ..... this miscellaneous first appeal is filed challenging allowing of the application-i.a.no.ii filed under order xxxix rule 1 and 2 of cpc on the file of the x additional city civil .....
Tag this Judgment!Court : Supreme Court of India
..... cec : central empowered committee cza : central zoo authority dfo : divisional forest officer erc : elephant rehabilitation/rescue centres esz : eco sensitive zone fac : forest advisory committee fc : forest clearance fc act : forest (conservation) act,1980 fsi : forest survey of india hoff : head of forest forces ifs : indian forest service ifsr : india state of forest report mdf : moderate dense forest moef&cc : ministry of environment ..... and acquisition of land or forest rights of the scheduled tribes and such other forest dwelling persons is complete; (ii) the concerned agencies of the state government, in exercise of their powers under this act, establishes with the 45 consent of the scheduled tribes and such other forest dwellers in the area, and in consultation with an ecological and social scientist familiar with the area, that the activities of ..... trust doctrine and held that being a trustee of the park on behalf of the public, the nagar mahapalika could not have transferred the same to the 11 (2013) 7 scc2262013 insc413131 private builder and thereby deprived the residents of the area of the quality of life to which they were entitled under the constitution and municipal laws ..... consider the question as to whether the zoo as defined under section 2(39) and dealt with under chapter iva of the wlp act and the tiger safaris as conceptualized by the ntca would stand on a same footing or not.79. ..... has further been emphasized in the case of tata housing development company limited v. .....
Tag this Judgment!Court : Supreme Court of India
..... christopher lau sc and dr pryles before siac only on the ground that the tribunal had intentionally fixed november 2013 for hearing knowing that it coincided with the diwali vacation and that the indian counsel would therefore not ..... the appellants objection to enforcement of the foreign award, in terms of section 48 of the arbitration and conciliation act, 1996 (for short indian arbitration act )was rejected and the high court also directed that the order of attachment against the award debtors shall continue to 1 operate during the execution proceedings to be undertaken by ..... the iba guidelines have also been adopted in the v and vii schedule to the indian arbitration act and since the award here is dated 27.09.2014, the iba guidelines of the year 2004 would be relevant ..... , the consideration to be made in these matters is whether the high court was correct in its decision to reject the objection under section 48(2)(b) of indian arbitration act against enforcement of the foreign award on the grounds of arbitral bias and violation of public policy. ..... concerned, the respondent submits that he has been an independent non-executive director of wing tai since 28.10.2013 and also the chairman of the audit and the risk committee of wing tai. ..... hsbc pi holdings (mauritius) limited (for short hsbc ) is a company incorporated under the laws of mauritius. ..... chapter 1 part ii of the indian arbitration act is applicable in the ..... and meat dealer, bundesgerichtshof, germany, 1 february 2001, xxix y.b.com. .....
Tag this Judgment!Court : Supreme Court of India
..... judged by both these parameters, there can be no doubt that the third proviso to section 254(2-a) of the income tax act, introduced by the finance act, 2008, would be both arbitrary and discriminatory and, therefore, liable to be struck down as offending article 14 of the constitution of india ..... further directions were issued that in all pending matters before the high court or other courts relating to prevention of corruption act or all other civil or criminal cases where stay is operating in pending trials, it will automatically lapse after six months unless a speaking order is passed extending the ..... for example, there are many legislations like the hindu marriage act, 1955, the protection of women from domestic violence act, 2005, the negotiable instruments act, 1881 etc which prescribe specific time limits for the disposal of ..... a bench of two hon ble judges of this court, by the order dated 9th september 2013, referred the case to a larger bench to consider the issue of whether the case of mohan lal magan lal thacker v ..... in the case of sanjeev coke manufacturing company,8 a constitution bench of this court in paragraph 11 held thus: 11. ..... it may not, like the legislature, enact a provision akin to or on the lines of chapter xxxvi of the code of criminal procedure, 1973. ..... a miscellaneous application was filed in the decided case, in light of the order passed on 4th december 2019 by the learned additional chief judicial magistrate, .....
Tag this Judgment!Court : Supreme Court of India
..... in the instant case, the respondents herein had filed the criminal miscellaneous petition before the high court seeking cancellation of bail on grounds that the bail was obtained by the petitioners herein by gross misrepresentation of facts, misleading the court and indulging in fraud. ..... under section 439(2) of the new code a high court may commit a person released on bail under chapter xxxiii by any court including the court of session to custody, if it thinks appropriate to do so. ..... learned single judge sitting at gwalior bench of high court of madhya pradesh accepted the bail applications being miscellaneous criminal case nos. ..... , 12th december, 2023 passed by the learned single judge of high court of madhya pradesh bench at gwalior in miscellaneous criminal case nos. ..... section 439(2) empowers the high court to direct any person who has been released on bail under chapter xxxiii of the code be arrested and committed to custody i.e. ..... under chapter xxxiii, section 439(1) empowers the high court as well as the court of session to direct any accused person to be released on bail. ..... [(2013) 16 scc797 has observed that: 19. ..... dinara district, shivpuri for offences punishable under sections 419, 420, 467, 468, 470 and 471 of the indian penal code, 1960 (hereinafter being referred to as ipc ) and section 25/27 of the arms act.4. .....
Tag this Judgment!Court : Supreme Court of India
..... there being no dispute that in the proceedings of the sole fir registered against the appellants for the offences under chapter xvii ipc being crime case no.173 of 2019, the appellants stand exonerated with the quashing of the said fir by the high court of judicature at allahabad by exercising the powers ..... section 2(b)(i) of the gangsters act is quoted hereinbelow:- 2(b) gang means a group of persons, who acting either singly or collectively, by violence, or threat or show of violence, or intimidation, or coercion or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person, indulge in anti-social activities, namely (i) offences punishable under chapter xvi, or chapter xvii, or chapter xxii of the indian penal code ..... is no dispute that the case set up by the prosecution against the appellants insofar as the offences under the gangsters act are concerned, is limited to section 2(b)(i) reproduced supra and none of the other clauses of the provision have been ..... the impugned fir being crime case no.424 of 2022 for offence punishable under section 3(1) of the gangsters act, registered at police station- bhognipur, district- kanpur dehat and all the proceedings sought to be taken thereunder ..... assailing the orders dated 14th november, 2022 and 6th december, 2022 passed by the division bench of the high court of judicature at allahabad rejecting criminal miscellaneous 1 writ petition nos. .....
Tag this Judgment!