Court : Karnataka Dharwad
..... may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery ..... instituted before on, or after the appointed day under the said amended act or repealed acts and such proceedings shall be continued under the said amended act or repealed acts as if this act had not come into force and the said acts had not been amended or repealed. (3) the mention of the particular matters referred ..... or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if .....
Tag this Judgment!Court : Karnataka Dharwad
..... may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery ..... instituted before on, or after the appointed day under the said amended act or repealed acts and such proceedings shall be continued under the said amended act or repealed acts as if this act had not come into force and the said acts had not been amended or repealed. (3) the mention of the particular matters referred ..... or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if .....
Tag this Judgment!Court : Karnataka Dharwad
..... may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery ..... instituted before on, or after the appointed day under the said amended act or repealed acts and such proceedings shall be continued under the said amended act or repealed acts as if this act had not come into force and the said acts had not been amended or repealed. (3) the mention of the particular matters referred ..... or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if .....
Tag this Judgment!Court : Karnataka Dharwad
..... may become due or any forfeiture or punishment incurred or inflicted in respect of any offence or violation committed against the provisions of the amended act or repealed acts; or (e) affect any investigation, inquiry, verification (including scrutiny and audit), assessment proceedings, adjudication and any other legal proceedings or recovery ..... instituted before on, or after the appointed day under the said amended act or repealed acts and such proceedings shall be continued under the said amended act or repealed acts as if this act had not come into force and the said acts had not been amended or repealed. (3) the mention of the particular matters referred ..... or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended act or repealed acts or orders under such repealed or amended acts: provided that any tax exemption granted as an incentive against investment through a notification shall not continue as privilege if .....
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 ..... 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.20. section 53 ..... resolution process ongoing and commencing on or after the date of commencement of the insolvency and bankruptcy board of india (insolvency resolution process for corporate persons) (fifth amendment) regulations, 2020; (d) filed with the adjudicating authority; and (e) presented at the first meeting of the committee.14. determination of amount of claim. .....
Tag this Judgment!Court : Supreme Court of India
..... determining costs payable by one party to another. the words unless otherwise agreed by the parties were omitted from section 31(8) of the arbitration act (as amended by the arbitration amendment act 2015) to ensure that parties cannot contract out of paying costs and denude the ability of the tribunal to award costs in favour of the successful ..... was introduced on the basis of the report of high level committee dated 30 july 2017 for promoting institutional arbitration. sub-section 11(14) has been subsequently amended by the arbitration amendment act 2019. the amended sub-section (14) to section 11 provides thus: section 11. appointment of arbitrators [ ]. (14) the arbitral institution shall determine the fees of ..... fee in stages as under: (i) 25% of the fees on filing of reply to the statement of claims. (ii) 25% of the fees on the competition of evidence. (iii) balance 50% at the time when award is given to the parties. [ ]. 1.3.2.14 subject to aforesaid, provisions of the arbitration .....
Tag this Judgment!Court : Supreme Court of India
..... vii) of sub-section (1) of section 36 subject to the fulfilment of the conditions set forth in sub-section (2) of section 36 of the it act. 713. before the amendment in 1989, the law was that even in cases where the assessee had made only a provision in its accounts for bad debts and interest thereon, without ..... the business of contractors, erectors, constructors of buildings, etc., as well as receiving or lending money as its objects. iii) 10 crores was advanced on 06.03.2007 to m/s c. bhansali developers pvt. ltd. to acquire certain commercial premises and for reservation by way of bookings in their upcoming project on the old mumbai- ..... confirm the reservation/booking of said 2 commercial premises, builder insisted for advance of rs 10 crores. accordingly, the company had advanced rs 10 crores on 06.03.2007 towards reserving/booking of the commercial premises in the said project ... since the said advance was for purchase of commercial property, there was no question of charging interest .....
Tag this Judgment!Court : Karnataka
..... industry, public affairs or competition matters. chapter iv of the 2002 act provides for its powers, functions & duties. notably, section 19 empowers the commission to inquire into certain agreements and dominant position of enterprises in terms of sections 3 & 4. (iv) section 26 of the 2002 act, as recast by 2007 amendment, lays down the ..... procedure for a layered inquiry, which is ordinarily initiated on receiving information from any person whether aggrieved or not, or suo motu as well. the apex court in competition commission of india vs. steel authority of india5altamas kabir, competition laws and the indian ..... thereafter whilst punitive or corrective action are being considered. this apart, a right of appeal is provided under section 53 a of the act, as amended in 2007, once the report of investigation is submitted by the director general. the adverse consequences of proceedings taken in accordance with law ordinarily fall .....
Tag this Judgment!Court : Supreme Court of India
..... confiscation proceedings shall stand quashed. f) as this court is not concerned with the constitutionality of such independent forfeiture proceedings contemplated under the 2016 amendment act on the other grounds, the aforesaid questions are left open to be adjudicated in appropriate proceedings. 18.2 the appeal is disposed of in ..... question which arises for this court s consideration is whether the prohibition of benami property transactions act, 1988 [for short the 1988 act ]., as amended by the benami transactions (prohibition) amendment act, 2016 [for short the 2016 act ]. has a prospective effect. although a purely legal question arises in this appeal, it ..... when it is not fair, not reasonable, discriminatory, not transparent, capricious, biased, with favouritism or nepotism and not in pursuit of promotion of healthy competition and equitable treatment. 50 positively speaking, it should conform to norms which are rational, informed with reason and guided by public interest, etc. ( .....
Tag this Judgment!Court : Supreme Court of India
..... the seminal question which arises for consideration is whether the statutory pre-litigation mediation contemplated under section 12a of the commercial courts act, 2015 1 (hereinafter referred to as act ) as amended by the amendment act of 2018 is mandatory and whether the courts below have erred in not allowing the applications filed under order vii rule 11 ..... of causes of action is barred by a law, here the code. this may be contrasted with the failure to comply with section 80 of the 16 (2007) 2 scc55140 code. in a case not covered by sub-section (2) of section 80, it is provided in sub- section (1) of section 80 ..... division of high courts act, 2015 was enacted for the constitution of commercial courts, commercial division and commercial appellate division in the high courts for adjudicating commercial disputes of 17 specified value and for matters connected therewith or incidental thereto.2. the global economic environment has since become increasingly competitive and to attract business .....
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