Court : Supreme Court of India
..... to abide by such other orders as the commission may pass and comply with the directions, including payment of costs, if any; (f) omitted by competition (amendment) act, 2007 (g) pass such other order or issue such directions as it may deem fit. provided that while passing orders under this section, if the commission comes ..... continuance of such agreement or ten percent. of its turnover for each year of the continuance of such agreement, whichever is higher. (c) omitted by competition (amendment) act, 2007 (d) direct that the agreements shall stand modified to the extent and in the manner as may be specified in the order by the commission; ..... ; (c) the creation, allotment, surrender or cancellation of any shares, stocks or securities; 48(d) [omitted by competition (amendment) act, 2007]. (e) the formation or winding up of an enterprise or the amendment of the memorandum of association or articles of association or any other instruments regulating the business of any enterprise; (f) the .....
Tag this Judgment!Court : Supreme Court of India
..... the award or if the award is in conflict with public policy of india, the award is liable to be set aside. explanation (1), amended by the 2015 amendment act, clarified the expression public policy of india and its connotations for the purposes of reviewing arbitral awards. it has been made clear that an award ..... 18.53 crore, learned attorney general has submitted that the arbitral tribunal wrongly held that the issue of downrating was resolved between parties on 05.04.2007 and failed to appreciate the relevant contractual provisions concerning downrating. the definition of contractual capacity as defined under the ppa required that downrating be taken into account ..... provisions. these findings of the arbitral tribunal were supported by the original equipment manufacturer s9 certificate dated 08.11.2005 and minutes of meeting dated 05.04.2007, based on which, all the invoices were reconciled and it was agreed that future invoices would be calculated in the same manner. the arbitral tribunal .....
Tag this Judgment!Court : Supreme Court of India
..... . explanation 2.-- for the purposes of this clause, it is hereby declared that on and from the date of commencement of the insolvency and bankruptcy code (amendment) act, 2019, the provisions of this clause shall also apply to the corporate insolvency resolution process of a corporate debtor-- (i) where a resolution plan has not ..... that where the resolution plan contains a provision for combination, as referred to in section 5 of the competition act, 2002 (12 of 2003), the resolution applicant shall obtain the approval of the competition commission of india under that act prior to the approval of such resolution plan by the committee of creditors.]. section 32. appeal.-.any ..... from its preamble and as exposited by this court need to be taken note of. the preamble of the code reads as under: - an act to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of .....
Tag this Judgment!Court : Supreme Court of India
..... section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made. 24 9.2 after the amendment by act 3 of 2016, section 8, now, reads as under: - 8. power to refer parties to arbitration where there is an arbitration agreement.- (1) a judicial authority ..... and the tripartite agreement having bank of baroda as a party is independent of the original agreement. 7.4. learned counsel also highlighted the amendment in the act of 2015, wherein section 8 was amended envisaging that if the judicial authority is of the opinion that prima facie the arbitration agreement exists, then it shall refer the dispute to ..... court and the high court have erred in law as also on facts in declining the applications moved by the appellant in terms of the amendment to section 8 of the act of 1996; and with reference to the later decisions of this court including the 3-judge bench decisions, has contended that the impugned judgment .....
Tag this Judgment!Court : Supreme Court of India
..... advance release order facility shall not be available for procurement of inputs 11nder advance authorization scheme except for inputs listed in schedule 4 of central excise act, 1944 read with the taxation laws (amendment) act 2017 no 18 of 2017, with effect from july l, 2017. ras are directed not to issue aro except for schedulc-4 items as stated ..... . these supplies are ineligible for being considered physical exports . therefore, any category of supply, be it under letter of invalidation and/or to eou and/or under international competitive bidding (icb) and/or to mega power projects, other than actual exports to other country and supply to sez, cannot be considered as physical exports . one of the ..... of bcd and igst under aa scheme is without merit. bcd is a customs levy at the point of import. at that stage, there is no question of 37 (2007) 6 scc624 47 credit. on the other hand, igst is levied at multiple points (including at the stage of import) and input credit gets into the stream, .....
Tag this Judgment!Court : Supreme Court of India
..... would point out subsequent legislative changes by different legislatures which included section 47a as also the insertion of the proviso to section 27 by the andhra pradesh amending act (act 8 of 1988), has expanded the power of the authority. he would contend that such an exercise would have the blessing of the law laid down ..... circumstances, affecting the chargeability of any instrument or the amount of duty, must be fully and correctly set forth. equally, section 47a of the andhra pradesh amending act (8 of 1988), empowers the registering officer to deal with undervalued instruments. we have adverted to the provision and it provides for an elaborate procedure to deal ..... to pay the duty: provided that noting in this sub- section shall apply to any instrument registered before the date of commencement of the india stamp (andhra pradesh amendment) act, 1971. (3-a) (i) the inspector general may suo motu, call for and examine the record of any order passed or proceeding recorded by the .....
Tag this Judgment!Court : Supreme Court of India
..... submitted that the said distinction has also been statutorily recognized. as highlighted by the appellant, section 37 which deals with allowance and deduction of expenditure, was amended vide finance act, 1998 w.e.f. 01.04.1962 whereby explanation 1 was added to clarify that any expenditure incurred by an assessee for any purpose which is an ..... singh, learned asg has further relied upon the decisions of this court in the case of chuharmal v. cit, (1988) 3 scc588and cit v. k chinnathamban, (2007) 7 scc390 on onus of proving ownership being on the person who denies ownership and who is in possession. it is submitted that ownership of confiscated silver fell on ..... case of deduction of expenditure/loss incurred on account of penalty/confiscation coming under section 37(1) of the act, particularly in light of explanation 1. 25.dr. t.a. quereshi v. commissioner of income tax, bhopal (2007) 2 scc75930 civil appeal no.7689-7690 of202225.1this court merely followed piara singh (supra) while making a .....
Tag this Judgment!Court : Karnataka
..... other documents, was based on exhibit-a1 and a4, a1-being the appointment letter, a4-being the letter fixing the salary of rs.5,000/- with effect from 1.6.2007 with an additional increment of rs.1,000/- per annum commencing from january of every year. 7.2. his contention is that from 18.6.2000, the full salary ..... has to be calculated whenever each month salary falls due. the applicant is entitled for salary at the rate of rs.5,000/- per month from 01.06.2007 to 31.12.2007. the applicant already received part of such salary shown in ex.a15 and therefore, the amount already paid has to be deducted and remaining amount is to be ..... provide for speedy enforcement of individual workman's existing rights. in order to meet the criticism, an amendment was made by the legislature in 1959 by section 20 of the industrial disputes (appellate tribunal) act, 1950 (48 of 1950). section 20 of this act provided for recovery of money due from an employer under an award or decision. this provision filled up .....
Tag this Judgment!Court : Supreme Court of India
..... submitted to adjudication by the appropriate commission. appeal against the decisions of the appropriate commission shall be made only as per the provisions of the electricity act, 2003, as amended from time to time. the obligations of the procurers under this agreement towards the seller shall not be affected in any manner by reason of inter- ..... power with the tribunal to do what it did. the ppa signifies an agreement between the parties. the ppa goes into meticulous details. it follows an internationally competitive bidding and the obligations of the parties have been carved out and articulated with great care. once the party, viz., the first respondent went to the commission ..... bidder reliance power limited, commissioned a new study by wapcos. wapcos submitted its report on 04.04.2008. we must at this juncture notice that 21.07.2007 has been 12 civil appeal no.11826 of2018etc. determined as the cut off date, the relevance of which will be unfolded in the later part of the judgment .....
Tag this Judgment!Court : Supreme Court of India
..... the union of india, article 19 did not contain reasonable restrictions . the words reasonable restrictions within article 19(2) were introduced by the constitution (first 7 amendment) act, 1951, which stated in its object and reasons that within the first fifteen months of the working of the constitution certain difficulties were experienced, particularly, in regard ..... view of the interpretation of the words in question. in that case, the court had to choose between a definition of the expression 'prize competitions" as limited to those competitions which were of a gambling character and those which were not. the court chose the former interpretation which made the rest of the provisions of ..... jurisdiction crl. appeal no.889 of2007with review petition (crl.) no.417 of2011in crl. a. no.1383/2007 review petition (crl.) no.426 of2011in crl. a. no.889/2007 slp (crl.) 5971/2019 slp (crl.) 5964/2019 crl. a. no.1383/2007 slp (crl.) crlmp no.16637/2014 slp (crl.) no.5643/2019 slp (crl.) no.6270/2019 .....
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