Court : Supreme Court of India
..... as held by the three-judge bench in vijay madanlal (supra), the pmla is a self- contained code and the dispensations envisaged thereunder, must prevail in terms of section 71 thereof, which predicates that the provisions of the act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, which includes provisions of the cr.p.c. ..... indeed, after arrest, the manner of dealing with such offender involved in offence of money-laundering would then be governed by the provisions of the 1973 code - as there are no inconsistent provisions in the 2002 act in regard to production of the arrested person before the jurisdictional magistrate within twenty-four hours and also filing of the complaint before the special court within the statutory period prescribed in the 1973 code ..... apart from the fact that the document relied upon is an annual report by the ministry of finance, showing the organizational structure of the ed, the same could not be construed as the directions issued by the central government for the purpose of exercise of powers and performance of the functions by the authorities as contemplated in section 51 of the said act. ..... however, after further inquiry on the basis of other material and evidence, the involvement of such person (noticee) is revealed, the authorised officials can certainly proceed against him for his acts of commission or omission. .....
Tag this Judgment!Court : Supreme Court of India
..... respondent ada raised an objection that the complaint was barred by limitation, claiming that the complaint was filed on 10.07.2020, well beyond the statutory limitation period prescribed under section 24a of the consumer protection act, 1986, which mandates that a complaint must be filed within two years from the date on which the cause of action arises. ..... civil appeals 2809-2810 of 2024, by the appellant filed under section 23 of the consumer protection act, 19861, read with order xxiv of the supreme court rules, assail the correctness of the final judgment and order dated 15.09.2023 passed by the national consumer disputes redressal commission2 in cc no.600/2020 as also ..... given these facts, the ncdrc correctly applied sections 18 and 19 of the limitation act, 1963, which extend the limitation period where part payments or acknowledgments are ..... no.2809-2810/2024 page 14 of 19 2010 and section 19(10) of the rera act, 2016 mandate that a developer must obtain these certificates before offering ..... it is also submitted on behalf of the appellant that under the provisions of rera act, 2016 as also the up (promotion of apartment and ownership and maintenance) act, 2010 offer of possession would be valid only after a developer obtains the 5 (2023) 3 scc1956 (2019) 8 scc4167 (2019) 8 ..... appellant, opted for full payment and accordingly vide letter dated 21.10.2011, attached two cheques, one by the appellant of rs.6.94 lakhs and the other of rs.45 lakhs issued by the lic housing finance limited. .....
Tag this Judgment!Court : Supreme Court of India
..... these rules shall not apply in cases of employment in the service of any public sector undertaking, aided schools and private colleges or self financing colleges within the state or anybody incorporated or not, which is wholly or substantially owned, controlled or aided by any state government or the government of india.1. 2. 3. 4. 5. 6. ..... - (1) without prejudice to the provisions of the public servants' (inquiry) act, 1850 (central act xxxvii of 1850), and the public servants' (inquires) act, 1122 (act xi of 1122), no order imposing on a government servant any of the penalties specified in items (v) to (ix) of rule 11 (1) shall be passed except after an inquiry held as far as may be, in the manner hereinafter provided. .....
Tag this Judgment!Court : Supreme Court of India
..... insurer and after giving the parties including the insurer an opportunity of being heard, hold and inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 162 may make an award determining the amount of compensation which appears to it be just and specifying the person or persons to whom compensation shall be paid and in making the award the claims tribunal shall ..... in that backdrop, this court while construing the definition of owner , as provided in section 2(19) of the old motor vehicles act, 193911, held that (a) the definition of owner under section 2 (19) of the act is not exhaustive; (b) it has to be construed in a wider sense based on the 1111 see footnote 3 slp (c) no.28968/2018 page 13 of 25 facts and circumstances of a given case; and (c) it must include, in a given case, ..... in respect of all or any of the decrees, although any appeal may not have been filed against such decrees: provided that the appellate court shall not make any order under section 35a, in pursuance of any objection on which the court from whose decree the appeal is preferred has omitted or refused to make such order. ..... the account of the dealer , in absence of specific exclusion of tortious liability arising from use of such vehicle, cannot absolve the owner of the motor vehicle of its liability under the motor vehicles act and shift it on to the dealer when the vehicle at the time of accident was under the control and command of the owner (i.e. ..... finance .....
Tag this Judgment!Court : Karnataka
..... instead of independently assessing the evidence and arguments presented, the court has primarily recapitulated the findings and reasoning of the arbitral tribunal, which approach of the commercial court is flawed, as proceedings under section 34 of the act are not intended to be a mere review of the arbitral award but necessitate a substantive evaluation of whether the award suffers from defects such as 14 illegality of fundamental policy of indian law, or public interest concerns. ..... the learned counsel for the bmrcl further contended that the commercial court primarily relied on the arbitral tribunal's findings without conducting an independent assessment of the evidence and legal arguments presented by both parties, as section 34 of arbitration and conciliation act, requires a thorough examination of the factual matrix and legal submissions to determine whether the arbitral tribunal's conclusions were justified. ..... the only way by which the commercial court could have reduced 11 the finance charges awarded by the arbitral tribunal, is by re- appreciating the evidence in the matter, which course of action is beyond the scope of the jurisdiction of the commercial court under section 34 of the arbitration and conciliation act, 1996. ..... it is the further contention of the bmrcl that the arbitral tribunal's 19 decision to award finance charges lacked basis in evidence, thus warranting interference under section 34 of the act. .....
Tag this Judgment!Court : Karnataka
..... instead of independently assessing the evidence and arguments presented, the court has primarily recapitulated the findings and reasoning of the arbitral tribunal, which approach of the commercial court is flawed, as proceedings under section 34 of the act are not intended to be a mere review of the arbitral award but necessitate a substantive evaluation of whether the award suffers from defects such as 14 illegality of fundamental policy of indian law, or public interest concerns. ..... the learned counsel for the bmrcl further contended that the commercial court primarily relied on the arbitral tribunal's findings without conducting an independent assessment of the evidence and legal arguments presented by both parties, as section 34 of arbitration and conciliation act, requires a thorough examination of the factual matrix and legal submissions to determine whether the arbitral tribunal's conclusions were justified. ..... the only way by which the commercial court could have reduced 11 the finance charges awarded by the arbitral tribunal, is by re- appreciating the evidence in the matter, which course of action is beyond the scope of the jurisdiction of the commercial court under section 34 of the arbitration and conciliation act, 1996. ..... it is the further contention of the bmrcl that the arbitral tribunal's 19 decision to award finance charges lacked basis in evidence, thus warranting interference under section 34 of the act. .....
Tag this Judgment!Court : Supreme Court of India
..... not intended to create the charge and the document, which constitutes the bargain regarding the security, is also necessary and operates to create the charge in conjunction with the deposit, it requires registration under section 17 of the registration act, 1908, as a non- testamentary instrument creating an interest in immovable property, where the value of such property is one hundred rupees and upwards. ..... a memorandum reducing other terms and conditions with regard to the deposit in the form of a 21 document, however, shall require registration under section 17(1)(c) of the registration act, but in a case in which such a document does not incorporate any term and condition, it is merely evidential and does not require ..... it follows that in such a case the document which constitutes the bargain regarding security requires registration under section 17 of the registration act, 1908, as a non-testamentary instrument creating an interest in immovable property, where the value of such property is one hundred rupees ..... it was further submitted that in the criminal case filed by the appellant against the respondent under section 138 of the negotiable instruments act, 1881, this court dismissed special leave petition (criminal) no.994 of 20197, confirming the acquittal of ..... in our opinion, the letter of the finance commissioner would apply in cases where the instrument of deposit of title deeds incorporates the terms and conditions in addition to what flows from the 23 mortgage by deposit of .....
Tag this Judgment!Court : Supreme Court of India
..... of money-laundering a sum of less than 7 one crore rupees, may be released on bail, if the special court so directs: provided further that the special court shall not take cognizance of any offence punishable under section 4 except upon a complaint in writing made by- (i) the director; or (ii) any officer of the central government or a state government authorised in writing in this behalf by the central government by a general or special order made ..... however, while dealing with a special statute like mcoca having regard to the provisions contained in sub-section (4) of section 21 of the act, the court may have to probe into the matter deeper so as to enable it to arrive at a finding that the materials collected against the accused during the investigation ..... we hold that the statement of the appellant if to be considered as incriminating against the maker, will be hit by section 25 of the evidence act since he has given the statement whilst in judicial custody, pursuant to another proceeding instituted by the same investigating agency. ..... the salutary principle of article 21 in mind, we hold that since the words procedure established by law occurring in article 21 has to be a reasonable and valid procedure, the statement of the appellant under section 50 cannot be relied upon against the appellant in ecir no.5 of 2023 even though the appellant was at that point in custody in ecir no.4 of 2022. ..... now been elaborated in the form of explanation inserted vide finance (no.2) act, 2019. .....
Tag this Judgment!Court : Supreme Court of India
..... learned counsel further submitted that following the government circulars dated 11th march, 2002 and 29th march, 2003 10 issued by the government of karnataka, the ministry of finance(department of financial services)(welfare section), government of india had also issued a letter dated 17th august, 2005, to the chairman and managing director, state bank of mysore with the following directions: - 2. ..... pursuant to the judgment in the case of milind(supra), the ministry of finance, department of economic affairs(banking 6 division), government of india in consultation with the ministry of welfare vide letter dated 12th march 1987, declared the state of karnataka circulars which included the kotegara caste in the list of ..... as held by the constitution bench in milind(supra), any inclusion or exclusion in or from the list of scheduled castes can only be made through an act of parliament under articles 341 and 342 of the constitution of india. ..... said judgment is based on the interpretation of the maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes, and special backward category (regulation of issuance and verification of) caste certificate act, 2000 , which was a special enactment specific to the state of maharashtra. ..... the state government have no power to make any amendment in the existing lists of lists, of scs/sts can be done only through an act of parliament in view of articles 341(2) and 342(2) of the constitution. .....
Tag this Judgment!Court : Supreme Court of India
..... provisions of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 or the inherent powers under section 482 of the code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court ..... omission on the part of the public servant or a negligent act on his part which has enured to the beneficiary cannot be said to act of misconduct on the part of the public servant to bring him within the ambit of section 13(1) (d) of the prevention of corruption act ..... finance) of kpcl and nominee director on the board of kecml under section 19 of the pc act ..... nagaraja, the then director (finance) of kpcl and the nominee director on the board of kecml ..... was working in the finance and accounts department ..... , the then director (finance) of kpcl and director ..... r nagarajan, the then finance director of kpcl and nominee director of the board of kecml had the occasion to thoroughly scrutinize all the relevant documents including the mou dated 20th december, 2008 executed ..... nagaraja, director (finance) of kpcl and nominee director on the board of kecml by the sanctioning authority and the competent authority is not a relevant circumstance at the stage of consideration and framing of charge and no benefit can be ..... nagaraja, director (finance) of kpcl and nominee .....
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