Court : Supreme Court of India
..... 17 creditors under section 7 of ibc or even of the rbi in issuing directions in specific case(s) under section 35aa of br act to initiate corporate insolvency resolution process under chapter ii of part ii of ibc, in any given case, including the petitioners or members of the petitioners association. 7. dr. singhvi ..... following matters, namely, the paid-up capital, reserves or other in government securities or otherwise, the persons to whom, and the purposes and periods for which, finance investments whether liabilities, the 82 is provided and the terms and conditions, including the rates of interest, on which it is provided. (3) in issuing directions ..... banks, and financial institutions as well as the power sector associations. key observations in the report are: (a) as per department of financial services, ministry of finance, one size fits all approach of the rbi is erroneous. india have submitted (b) lenders like the rural electrification corporation and the state bank of that implementing .....
Tag this Judgment!Court : Supreme Court of India
..... mitigates the risk that the lack of the first two criteria will perpetuate the structural inequalities existing in society. 129 the ratna prabha committee report considers in chapter iii, the relationship between reservation in promotion and maintenance of efficiency in administration. finally, it concludes: 3.12: conclusion: karnataka has been showing high performance ..... of the matter, as the law now stands, is not open to scrutiny by the courts. in the instant case, the finance bill which ultimately became in question was a consolidating act relating to different subjects and perhaps the governor felt that it was necessary to reserve it for the assent of the president. ..... to the fact that the entire cadre strength should be taken into account in determining whether reservation up to the quota limit 81 air1967sc29582 (1969) 1 scc32583 (1970) 1 scc24868 part c has been reached. in this view, entire cadre strength is the reference point to (i) ascertain the position of representation in the .....
Tag this Judgment!Court : Supreme Court of India
..... has 348 group companies, including ifin and itnl. that the said il&fs is a core investment company and systemically important non banking finance company duly approved under the reserve bank of india act, 1931. the said company was promoted by the central bank of india, hdfc ltd., the union trust of india. that the said ..... all the three different provisions, namely section 130, sections 211/212 and sections 241/242 of the companies act, operate in the different fields and in different situations and as such they are in different chapters and therefore the observations made while passing the order 16 under one provision cannot be made applicable to while ..... the company are being conducted in a manner prejudicial to public interest, it may itself apply to the tribunal for an appropriate order under chapter xvi, more particularly the order under section 242 of the companies act. in the present case, the central government had approached the learned tribunal under section 241 of the companies .....
Tag this Judgment!Court : Supreme Court of India
..... chapter x of the code of criminal procedure, 1973; (d) nothing herein contained shall prevent the admission of any instrument in any court when such instrument has been executed by or on behalf of the government or where it bears the certificate of the collector as provided by section 32 or any other provision of this act ..... maestro engineers.29 in this case, the applicant had made serious allegations against the respondents of having committed malpractices in the account books, and manipulation of finances of the partnership firm. an application under section 8 was filed by the respondents for reference of disputes to arbitration. the court took the view that ..... company; disputes relating to trusts, trustees and beneficiaries of a trust42 are governed by special enactments. this court in booz allen & hamilton inc. v. sbi home finance ltd.43 has recognized some examples of disputes which are not arbitrable, and held that : 36. the well recognized examples of non-arbitrable disputes are : (i) .....
Tag this Judgment!Court : Supreme Court of India
..... court and arrests otherwise than under such warrants. as to the first category of arrest, sections 75 to 86 collected under sub-heading b- warrant of arrest in chapter vi of the code of criminal procedure deal with arrests in execution of warrants issued by a court under 4 air1953sc1045 that code. section 75 prescribes that such ..... of arrest to the magistrate's court. 36 22. under section 77 cr.p.c., a warrant of arrest may be executed at any place in india. chapter xii deals with information to the police and their powers to investigate. the mandatory duty of police officer to register first information report has been elaborately considered by a ..... etc. etc .13 . in the said case the appellant in one of the appeals had been detained under the preventive detention act on 18.12.1969. he was produced before the magistrate sometime in april, 1970 in connection with certain offences after he had been released from preventive detention. he was later convicted. this court while dealing with .....
Tag this Judgment!Court : Supreme Court of India
..... established.19. removal of intoxicants from distillery, etc.- no intoxicant shall be removed from any distillery, brewery, manufactory, warehouse or other place of storage established under this act unless the duty (if any) payable under chapter v has been paid or a bond has been executed for the payment thereof. *** *** *** 28. duty on excisable articles (1) an excise duty or a ..... of list ii on levy of excise duty relates only to goods manufactured or produced in the state as was held in bimal chandra banerjee v. state of m.p.:1970. (2) scc467 in the instant case there is no dispute that the military rum exported was produced in the state of u.p. in state of mysore v. d. ..... cawasji &co.:1970. (3) scc710 which was on mysore excise act, it was held that the excise duty must be closely related to production or 43 manufacture of excisable goods and it did not matter if the levy .....
Tag this Judgment!Court : Supreme Court of India
..... code begins with a non-obstante clause. it provides that the offences under the code shall be tried by the special court established under chapter xxviii of the companies act, 2013. chapter xxviii of the companies act, 2013 deals with special courts .20. for appreciating the rival submissions, it will also be necessary to refer to section 435 of ..... the case in collector of customs v. nathella sampathu chetty [air1962sc316: (1962) 3 scr786 and new central jute mills co. ltd. v. assistant collector of central excise [(1970) 2 scc820: air1971sc454: (1971) 2 scr92. but where a provision of one statute is incorporated in another, the repeal or amendment of the former does not affect the ..... to be read to mean and . this case, as well as the decision in new central jute mills co. ltd. v. assistant collector of central excise, allahabad [(1970) 2 scc820: (1971) 2 scr92 are distinguishable on the facts and legislation which this court was considering. in the new central jute mills co. ltd. case, the .....
Tag this Judgment!Court : Supreme Court of India
..... a decree holder qua a third party to the suit and the right of a third party after being dispossessed has been laid down by this court in sriram housing finance & investment (india) ltd. v. omesh mishra memorial charitable trust, (2022) 15 scc176:2022. scc online sc794 wherein it was held as follows: 24. on conjoint ..... upon by the constitutional bench of this court while deciding the validity of an unstamped agreement, wherein it was observed as under: interplay between arbitration agreements under a&c act, 1996 & stamp act, 1899, in re, (2024) 6 scc1:2023. scc online sc1666 255. in chiranji lal v. hari das [chiranji lal v. hari das, (2005) 10 ..... impleaded. that apart, the facts in the present case disclose that the property stood transferred to the predecessor of the respondents before the final decree was passed in 1970. the fact that mr.raghuthaman had successfully resisted the claim of the 9th defendant for delivery of possession, in the presence of the predecessor of the appellant .....
Tag this Judgment!Court : Supreme Court of India
..... such a measure relating to financial policy. we may now consider the main enforcing provision which is pivotal to the whole controversy, namely, section 13 in chapter iii of the act. it provides that a secured creditor may enforce any security interest without intervention of the court or tribunal irrespective of section 69 or section 69-a of ..... such a legislation keeping in view the changing times and economic situation whereafter yet another expert committee was constituted, then alone the impugned law was enacted. liquidity of finances and flow of money is essential for any healthy and growth-oriented economy. but certainly, what must be kept in mind is that the law should not be ..... things in the spheres concerned are desired to move faster. in the present-day global economy it may be difficult to stick to old and conventional methods of financing and recovery of dues. hence, in our view, it cannot be said that a step taken towards securitisation of the debts and to evolve means for faster .....
Tag this Judgment!Court : Supreme Court of India
..... treaty. 32. the first error in the notified order is the reference to gsr56dated 5th january, 1963 to the effect that the provisions of the act other than chapter iii shall apply to the republic of chile. gsr56is totally (and admittedly) irrelevant to the context and has absolutely no concern with the republic of ..... the international law commission on the topic of succession of states with respect to treaties . this document is extracted from the yearbook of the international law commission 1970, vol. ii.[3]. the document notes: a considerable number of extradition treaties concluded in the nineteenth and twentieth centuries are applicable, either automatically or by ..... s ruling may also help to elucidate the meaning of the prosecute-or-extradite regime under . other conventions which have followed the same formula as the 1970 hague convention for the suppression of unlawful seizure of aircraft.[20].125. in rosiline george there is a discussion on extradition. it is mentioned in the .....
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