Court : Supreme Court of India
..... in terminating the allotment of the respondent and forfeiting the deposits.11. the ncdrc allowed the complaint holding the respondent to be a consumer under section 2 (7) of the act, relying upon the decisions of this court in lilavati kirtilal mehta medical trust vs. unique shanti 5 developers and others3 and crompton greaves limited ..... ,80,526/- (rupees twenty eight crores eighty seven lakhs eighty thousand five hundred twenty six only) within 30 days.6. the respondent tried to arrange necessary finance for the purpose through financial institutions but failed. the respondent, through the correspondence with the financial institutions, came to know that the flat allotted to him, ..... appellant as latest by 31.12.2018 but was advanced to the first quarter of 2017. thus, in order 10 to make finance arrangements, respondent entered into negotiation with the finance company whereupon it was revealed that the said flat stood already reserved/allotted in favour of one mr. nakul arya. the aforesaid .....
Tag this Judgment!Court : Supreme Court of India
..... amount towards settlement charges. the respondent paid the said amount. on 07.12.2009, sebi4passed the consent order disposing of the proceedings under section 11(4) and 11b of the sebi act, 1992.9. it is at this stage that the respondent approached the high court by filing writ petition no.406 of 2018 under ..... the basis of a similar complaint. this time, it pertained to the fraudulent activities committed in the initial public offering (ipo) of the shares of infrastructure development finance company ltd. (idfc), which opened for subscription from 15.07.2005 to 22.07.2005. in this first information report (hereinafter referred to as the fir ), ..... bombay which sets out the jurisdiction of single judges and benches of the high court. rule 2(ii)(h), reads as under:- (h) all applications under section 482 of the code of criminal procedure including applications challenging an order for issuing process in a private complaint, except:- i) applications seeking review, modification or setting .....
Tag this Judgment!Court : Supreme Court of India
..... and integration into the governmental structure that belies their classification as temporary employees. the appellants performed duties similar to those of regular employees in the accounts section of sff hq estt. no.22. this similarity in job functions further blurs the line between the appellants' status and that of regular government employees, ..... were not statutory in nature because the ssd fund is a voluntary contribution made by the sff employees. the tribunal found that the ssd fund was financed by voluntary contributions from sff employees and hence the services rendered therein did not qualify as government service.9. the appellants challenged the tribunal s order ..... and obligations of the state. it is this strong statutory flavour and clear indicia of power 21 constitutional or statutory, and its potential or capability to act to the detriment of fundamental rights of the people, which makes it an authority; though in a given case, depending on the facts and circumstances, .....
Tag this Judgment!Court : Supreme Court of India
..... /2017 disposed of on 03.01.2019 and the observations made therein, the parliament has 5 w.p. (c) no.706/2020 amended section 80dd of the act in terms of section 21 of the finance act, 2022. consequently, on attaining the age of 60 years or more by an individual subscriber or a member of an huf, the payment or ..... .1107/2017 (the earlier writ petition), this court disposed of the contempt petition for the reason that the respondent-union of india had amended section 80dd of the act via budget 2022-2023 finance act and therefore, the grievance of the persons like the petitioner had stood addressed though with prospective effect.10. we have also considered the proclamation on ..... copy thereof is furnished along with the return of income. 4 w.p. (c) no.706/2020 by virtue of the finance act, 2022, section 80dd was amended with effect from 01.04.2023, in the following terms: (i) in sub-section (2), for clause (a), the following clause shall be substituted, namely: (a) the scheme referred to in clause .....
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..... trial court, after perusing the evidence on record and hearing the parties, passed judgment dated 16.08.2010 whereby it convicted the accused for the offence under section 138, n.i. act and sentenced him to undergo one year simple imprisonment and to pay a fine of rs.38,00,000/- (rupees thirty eight lakhs) as compensation to the ..... receipts shown by the respondent as part re-payment of the loan amount, the contention of the appellant is that one relates to a transaction by one shri laxmi finance and the rest are not genuine due to there being omissions of signature of the cashier, manager, etc. this aspect, it is submitted, has been brushed aside.11 ..... of the appellate court requires interference.15. this court in dashrath rupsingh rathod v state of maha- rashtra, (2014) 9 scc129held that an offence under section 138 of the negotiable instruments act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is .....
Tag this Judgment!Court : Supreme Court of India
..... and does not involve any page 5 of 25 service to the state in terms of promotion or marketing under the explanation to section 65(19)(ii) of the finance act, 1994 as amended by the finance act, 2008. the tickets sold were mainly for lotteries organized by the states of kerala and sikkim as well as the government of ..... sought to levy service tax on the premise that the activity which the appellants were/are carrying on was a business auxiliary service within the definition of section 65(19) of the finance act, 1994 and therefore, chargeable to service tax. the same was resisted by these appellants by filing writ petitions before the high courts. 3.9 ..... the main provision which defines business auxiliary service and also contrary to the judgment of this court in sunrise associates and having regard to clause (50) of section 65 of the finance act, 1994. no doubt the explanation was omitted with effect from 01.07.2010. however, these cases pertain to the period prior to 01.07.2010. therefore .....
Tag this Judgment!Court : Supreme Court of India
..... recruitment, imposing taxes, establishment of tribunals, appointment of authorities such as the municipal chief auditor, valuation committee, etc.37. having examined section 3(3)(b)(i) of the dmc act empowering the lt. governor to nominate persons having special knowledge to the dmc, we will underscore the point that it is law made ..... government of nctd. 19 see sections 39, 89, 98, 209 20 see sections 89, 90, 92, 98 24 35. the provisions of the act relating to the lt. governor are relating to matters such as nomination of experts, election commissioner, constituting finance commission, convening the first meeting of the corporation, acting as an appellate authority, etc ..... the finance commission. (ix) section 347d also provides an appeal to the administrator for adjudicating disputes against the order of the appellate tribunal made under section 343 or 347b.33. in contrast, we will now examine the powers and duties entrusted to the government of nctd by the dmc act. (i) under section 479, .....
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..... (b) director , in relation to a firm, means a partner in the firm. (emphasis added) there is no dispute that sub-section (1) of section 50 is pari materia with section 141 of the ni act.5. paragraph 9 of the complaint contains relevant averments on which reliance was placed by the learned counsel for the complainant. paragraph 9 reads thus ..... liability of the directors of the first accused company is not attracted.7. a bench of three hon ble judges of this court had an occasion to interpret section 141 of ni act in the case of s.m.s. pharmaceuticals ltd. v. neeta bhalla and criminal appeal @ slp(crl.) 452-53 of 2018 page 5 of 9 anr ..... of2024(arising out of special leave petition (crl.) nos. 452-53 of 2018) national housing bank appellant versus bherudan dugar housing finance ltd. & ors. etc. respondents judgment abhay s. oka, j.facts1 the appellant filed a complaint under section 200 of the code of criminal procedure, 1973, alleging the commission of an offence of violating the provisions in .....
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..... is not even referred to and relied upon in the complaint. a copy of the same has not been produced along with the complaint.9. section 2(p) of the id act reads thus: settlement means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at ..... and the settlement of the expenses bill in an excel sheet. further allegations are of change of conditions of service alleging a breach of section 9a of the id act. in the verification statement under section 200 of the cr.pc, the second respondent, has not referred to the settlement in the form of the joint affidavit dated 9th ..... to quash a complaint filed in a criminal court by the second respondent alleging the commission of an offence punishable under section 29 read with sections 32 and 34 of the industrial disputes act, 1947 (for short, the id act ). cognizance was taken of the alleged offence on the said complaint. a perusal of the impugned judgment shows that the .....
Tag this Judgment!Court : Supreme Court of India
..... such order, the owner shall be given a reasonable opportunity of showing cause why the order should not be passed. (emphasis supplied) 7. section 13(2) of the act specifically empowers the competent authority to re-determine the agreement if it is satisfied that the re-development has not been done within the time specified ..... later, one m/s sanghvi associates provided financial assistance of rs. 50 crores to the appellant by way of a mortgage deed. in pursuance of these financing arrangements, sanghvi associates gave no objection to the appellant entering into an agreement with respondent no.6-veena developers. following this, a joint development agreement dated ..... financial support and the commitments as made to the petitioner, the same would leave the petitioner with no remedy but to wander further hunting for fresh finance. such financial instability of a developer certainly would have a devastating effect on the implementation of the slum scheme which could also result in the total .....
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