Court : Supreme Court of India
..... , wherein it is stated that a division bench of 350 (1998) 3 scc410351 supra at footnote no.234 352 supra at footnote no.227 353 supra at footnote no.226 178 the delhi high court held that the person against whom summons has been issued under section 50 of the pmla cannot be construed as person accused of an offence, unless a complaint is filed ..... true nature, source, location, disposition, movement, rights with respect to, or ownership of property, knowing that such property is derived from an offence or offences established in accordance with subparagraph a) of this paragraph or from an act of participation in such an offence or offences; c) subject to its constitutional principles and the basic concepts of its legal system: i) the acquisition, possession or use of property, knowing, at the time of receipt, that ..... (x) it is further submitted that fatf assess the progress of its members in complying with the fatf recommendations through assessments performed annually by the individual members and through mutual evaluations which provides an in-depth description and analysis of a country s system for preventing criminal abuse of the financial system, ..... the court had adverted to the repealing act and made the stated observation ..... the case of the pmla, there is a bar contained in section 45(1a) 370 (1963) 2 scr433371 (2019) 16 scc547372 for short, 1915 act 373 supra at footnote no.31 (also at footnote no.24) 188 of the pmla which prohibits ..... 214 (1831) 2 dow & cl 480 215 1963 (supp. .....
Tag this Judgment!Court : Supreme Court of India
..... (3) the place of supply of the following services shall be the location where the services are actually performed, namely : (a) services supplied in respect of goods which are required to be made physically available by the recipient of services to the supplier of services, or to a person acting on behalf of the supplier of services in order to provide the services: provided that when such services are provided from a remote location by way of electronic means, the place of supply shall be the location where goods ..... rafique shiekh bhikan and anr.1 held that grant of such a subsidy is contrary to the tenets of islam as the tenets of islam require the haj pilgrims to perform the haj ceremony with their own funds after discharging their debts and after making a provision for the benefit of their families. ..... in case due to any mismanagement in the arrangements regarding the journey to saudi arabia or stay or travelling inside saudi arabia any of the parts is not performed or performed 66 improperly then the pilgrim loses not only his life savings but more importantly he loses the haj. ..... he submitted that apart from violation of article 14 of the constitution of india, the action of the government of india to charge service tax and gst on hgos, 7 1970 (1) scc2488 1979 (1) scc3809 1961 (3) scr7710 1963 (1) scr40411 1972 (1) scc7012 1970 (2) scc2618 amounts to a violation of rights guaranteed under article 25 of the constitution of india. ..... ravikumar) new delhi; july 26, 2022. .....
Tag this Judgment!Court : Supreme Court of India
..... the main judgment of this court had, after duly considering the sequence of facts and developments which occurred after publication of the notification under section 4 of the (now repealed) land acquisition act, 1894 (hereinafter, acquisition act ) on 27.08.2004, read with the final decision of the state of haryana (hereinafter, state ) dated 29.01.2010 to not proceed with the said acquisition, declared as mala fide ..... the owners shall also join hands in executing the documents in favour of such purchaser and shall also do all other acts, deeds and things which may be required to be done in order to confer legal and perfect title in favour of such purchaser and all receipt shall be issued for an on behalf of ..... the entire tenor and reasoning of the main judgment is that proceedings under the land acquisition act were used as device, whereby through a web of holding or shell companies, developers ultimately entered into transactions and paid valuable amounts towards ..... in a question pertaining to the applicability of the specific relief act, 1963 to such contracts, a full bench of the calcutta high ..... the time the supplementary agreement was executed on 24.12.2006, the delhi high court approved a scheme of amalgamation of the land-owing ..... where an interest is created 30 in the land or in the development in favour of the developer, it may be difficult to hold that the agreement is not capable of being specifically performed. ..... activities that landowners with valid title could perform. .....
Tag this Judgment!Court : Supreme Court of India
..... jagan mohan rao and ors.4, this court reiterated that section 16(c) of the specific relief act, 1963 envisages that the plaintiff must plead and prove that he had performed or has always been ready and willing to perform the essential terms of the contract which were to be performed by him 3 55 ia300 at pg. ..... section 16 (c) of the specific relief act, 1963 bars the relief of specific performance of a contract in favour of a person, who fails to aver and prove his readiness and willingness to perform his part of contract. ..... in a suit for specific performance of a contract, the court is required to pose unto itself the following questions, namely:- (i) whether there is a valid agreement of sale binding on both the vendor and the vendee and (ii) whether the plaintiff has all along been and still is ready and willing to perform his part of the contract as envisaged under section 16(c) of the specific relief act, 1963. ..... its breach; or (b) who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract; or (c) who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms 9 the performance of which has been prevented or waived by the ..... july12 2022; new delhi. .....
Tag this Judgment!Court : Supreme Court of India
..... commercial effect of a borrowing; and (ii) the expressions, allottee and real estate project shall have the meanings respectively assigned to them in clauses (d) and (zn) of section 2 of the real estate (regulation and development) act, 2016 (16 of 2016); (g) any derivative transaction entered into in connection with protection against or 26 benefit from fluctuation in any rate or price and for calculating the value of any derivative transaction, only the market ..... which enumerates four categories, namely, (i) a firm whether registered or not; (ii) a hindu undivided family; (iii) a cooperative society; and (iv) every other association of persons whether registered under the societies registration act, 1860 (21 of 1860) or not while defining person cannot be held to be restrictive and confined to these four categories as it is not said in terms that person shall mean one or other of the ..... the present appeal challenges the judgment and order dated 24th november, 2020 passed by the learned national company law appellate tribunal, new delhi (hereinafter referred to as nclat ) in company appeal (at) (insolvency) no.1406 of 2019, thereby allowing the appeal filed by the respondent no.1 director and reversing the order dated 20th ..... was a continuing wrong and section 23 of the limitation act, 1963 would apply, relying 20 upon balakrishna savalram pujari waghmare ..... and subsequently ibhl classified all the facilities availed by them as non performing asset ( npa for short) in november 1997. .....
Tag this Judgment!Court : Supreme Court of India
..... we hold that the tribunal was not right and correct in directing the government to prepare and operate the panel for promotion to the post of assistant directors of animal husbandry department in accordance with the repealed rules and to operate the same.23.2 this judgment clearly recognises the principle that a policy decision taken by the government in public interest would prevail over any claim to fill up the vacancies. ..... thus, we hold that the first respondent has not acquired any vested right for being considered for promotion in accordance with the repealed rules in view of the policy decision taken by the government which we find is justifiable on the material available from the record placed before ..... as much in public interest and for public good that government servants who are inefficient, dishonest or corrupt or have become a security risk should not continue in service and that the protection afforded to them by the acts and rules made under article 309 and by article 311 be not abused by them to the detriment of public interest and public good. ..... , clearly there is no statutory duty which the state could be mandated to perform under the applicable rules. ..... the aforesaid decision will have no application to the case in hand inasmuch as in the delhi higher judicial service there is no requirement of preparation of any panel or list of candidates eligible for promotion by any particular date ..... 1988 supp scc740 30 ap panchayat raj engineering services (special) rules, 1963. .....
Tag this Judgment!Court : Supreme Court of India
..... injunction in the following cases, namely: (c) where the invasion is such that compensation in money would not afford adequate relief; civil appeal no.5443 of 2019 page 74 of 86 specific relief act, 1963 states that perpetual injunction may be granted when the defendant invades the plaintiff s right to or enjoyment of the property where the invasion is such that the compensation in money would not afford adequate relief. ..... performance of contract under section 20; or (b) who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract; or (c) who fails to prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms the performance ..... principles deducible from the opinion recorded by chagla, j.with which i find myself in full agreement lend strength to the plaintiff's case .7.12 the view of the delhi high court in nabha investment (supra) expressing limited divergence56 from the ratio in madholal sindhu (supra) and sri raja kakarklhpudi venkata sudarsana sundara narasayamma garu (supra) ..... of any statute, act or regulation not hereby expressly repealed, nor any usage or custom of trade, nor any incident of any contract, not inconsistent with the provisions of this act. .....
Tag this Judgment!Court : Supreme Court of India
..... act 4.6 in a way, the kerala act is a legacy of the madras pawn brokers act, 1943, whose provisions continued to be in force in the malabar district, even after the states reorganisation act, 1956, until it was repealed by kerala money lenders (amendment) act 33 of 1963 ..... (securitisation 1949; chapter iiib minimum holding period of standard assets) of the reserve bank clause 1.3: minimum retention directions, 2021 of india act, 1934 requirement (mrr) nbfc to have continued stake in performance of securitised asset to ensure proper due diligence of 37 sanctioned loans master circular- fair practices general fair practices guidelines code, 2014 including ..... business of money lending without a valid certificate of registration in respect of the area concerned; (iii) to empower the registrar general, registrar and other officers appointed under the act to require the production of records and documents and to carry out searches and seizures; (iv) to mandate every money lender to keep and maintain proper books of accounts and ..... a deposit of money or other property in a government post office, a bank, a company or a co operative society; (b) a loan to, or by, or a deposit with any society or association registered under the societies registration act, 1860, or any other enactment relating to a public, religious or charitable object; (c) a loan advanced by the state government or by any local authority authorized by the state government; 17 (d) a loan advanced to a government employee ..... delhi .....
Tag this Judgment!Court : Supreme Court of India
..... transaction can only be decided by a competent civil court; and (ii) the sub-registrar, in the present case, had denied the registration of the sale deed under section 35(3)(a) of the registration act since the appellant had, while admitting that she had placed her thumb impressions/fingerprints and signatures on the sale deed, objected to the registration on the ground that her signatures had been taken ..... 727 of 2012 17 part c c analysis 17 there are two broad issues which arise in the present civil appeal: (i) whether the recourse by the second respondent to section 72 of the registration act, against the order of the sub-registrar refusing registration on the basis of the appellant s denial of execution, would deprive them of any remedy whatsoever; and (ii) whether the appellant s admission of ..... the execution of a deed or other instrument includes the performance of all acts which may be necessary to render it complete as a deed or an instrument importing the intended obligation of every act required to give the instrument validity, or to carry it into effect or to give ..... raj kamal radio electronic35, a single judge of the delhi high court, while differentiating between signatures on ordinary documents and documents stamped in accordance with the law relating to negotiation of instruments, observed that in the case of ordinary documents: 8 the ..... civil court for the cancellation of any instrument, sub-section (2) of section 31 of the specific relief act 1963 provides that: 31. .....
Tag this Judgment!Court : Supreme Court of India
..... notwithstanding anything contained in the arbitration act, 1940 (central act 10 of 1940) or in the arbitration and conciliation act, 1996 (central act 26 of 1996) or in the limitation act, 1963 (central act 36 of 1963), a suit under sub section (2) of section 3 may be filed within six months from the date of commencement of this act or within such period as is allowed by the provisions of the limitation act, 1963 (central act 36 of 1963), in relation to such suits, ..... section 5 power of government to file appeal against certain awards notwithstanding anything contained in the arbitration act, 1940 (central act 10 of 1940) or in the arbitration and conciliation act, 1996 (central act 26 of 1996) or in the limitation act, 1963 (central act 36 of 1963) or in any other law for the time being in force or in any judgement, decree or order of any court or other authority or in any agreement or other instrument, where it ..... awards of special arbitration tribunals rules of court are not those judgments and decrees of courts made in exercise of judicial power of state vested in them under our constitution, the 1991 amendment act when nullifies the judgments and decrees of courts by which awards of special arbitration tribunals are made rules of court , cannot be regarded as that enacted by the orissa state legislature encroaching ..... that the central government performs under the act and the rules is ..... section 8 of the state act repeals the kerala revocation of arbitration ..... delhi ..... delhi ..... delhi .....
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