Court : Supreme Court of India
..... and includes the lessee of the land on which the building containing such apartment has been constructed, where the lease of such land is for a period of thirty years or more; 133 the act contains a definition of common areas in section 3(i) and of limited common arears in section 3(s): (i) common area and facilities means (i) the land on which the building is located and all easements, rights and appurtenances belonging to the land and the building; (ii) the foundations, ..... , supertech limited ; (ii) the cost of demolition and removal would be borne by the appellant, failing which noida shall recover it as arrears of land revenue; (iii) sanction for prosecution under section 49 of the uttar pradesh urban 8 development act 1973 , as incorporated by section 12 of the uttar pradesh 9 industrial area development act 1976 , shall be granted for the prosecution of the officials of the appellant and the officers of noida for possible 1 writ petition (civil) no 65085 of 2012 2 rwa 3 emerald ..... . (emphasis supplied) under sub-section (2) of section 5, the percentage of the undivided interest of each owner of a flat in the common areas and facilities, as expressed in the declaration, shall not be altered without the consent of all the owners of the flats expressed through an amended declaration which shall be executed and registered under the 28 act .....
Tag this Judgment!Court : Karnataka
..... the question before the apex court reads as follows: whether a village panchayat established under section 3 of the goa panchayat raj act, 1994 (for short the act ) or any other statutory dispensation existing prior to the enactment of the act has the locus to file a petition under article 226 and/or article 227 of the constitution for setting aside an order passed by the designated officer exercising the power of an appellate authority qua the action ..... he pointed out that the petitions are not filed by the board, or on behalf of them, and that in the light of section 6(2) of the act, the fund is body corporate which shall by the said name sue and be sued according to him, petitioners are not aggrieved 14 persons because, even in a pecuniary sense the contributions go to a pool, and not to ..... 20 the issue that arose before the apex court is answered after considering the 73rd amendment to the constitution of india introduced in 1992 and various articles that empowered the panchayat, the apex court holds as follows: ..... these institutions have not been able to acquire the status and dignity of viable and responsive people's bodies due to a number of reasons including absence of regular elections, prolonged supersessions, insufficient representation of weaker sections like scheduled castes, scheduled tribes and women, inadequate devolution of powers and lack of financial resources.2. ..... article 243-i envisages constitution of the finance commission to review the financial position of the .....
Tag this Judgment!Court : Karnataka
..... the question before the apex court reads as follows: whether a village panchayat established under section 3 of the goa panchayat raj act, 1994 (for short the act ) or any other statutory dispensation existing prior to the enactment of the act has the locus to file a petition under article 226 and/or article 227 of the constitution for setting aside an order passed by the designated officer exercising the power of an appellate authority qua the action ..... he pointed out that the petitions are not filed by the board, or on behalf of them, and that in the light of section 6(2) of the act, the fund is body corporate which shall by the said name sue and be sued according to him, petitioners are not aggrieved 14 persons because, even in a pecuniary sense the contributions go to a pool, and not to ..... 20 the issue that arose before the apex court is answered after considering the 73rd amendment to the constitution of india introduced in 1992 and various articles that empowered the panchayat, the apex court holds as follows: ..... these institutions have not been able to acquire the status and dignity of viable and responsive people's bodies due to a number of reasons including absence of regular elections, prolonged supersessions, insufficient representation of weaker sections like scheduled castes, scheduled tribes and women, inadequate devolution of powers and lack of financial resources.2. ..... article 243-i envisages constitution of the finance commission to review the financial position of the .....
Tag this Judgment!Court : Karnataka
..... offences under section 7 of the act are appealable under section 15 of the act, it would become obligatory on the part of the respondent to pass an order on the reply to the show cause notice or the compliance report as the case would be and if the petitioners are aggrieved, they would have an opportunity of invoking the remedy of statutory appeal in terms of section 15 of the act. ..... to deal with violation of the provisions of the act insofar as they pertain to sections 7 and 21 of the act, rules 73, 75, 76, 78, 80 and 82 of the rules are ..... such registration, the petitioners have violated section 10 of the act which prohibits employment of contract labour except where registered in terms of section 7 of the act. ..... therefore, sections 7 and 10 of the act which are intertwined and are the principal sections concerning to the case on hand under which allegations against the petitioners are ..... registration is dealt with under section 7 of the act, which reads as follows:14. ..... notice by the petitioners, it becomes obligatory on the part of the respondent to pass an order either rejecting or accepting such reply given to the show cause notice in the light of the statutory remedy of appeal under section 15 of the act being available under the act. ..... section 24 of the act would make the person who contravenes the provisions of the act or the rules made there under for which no other penalty is elsewhere provided is punishable with an imprisonment for a term which may extent for three years or .....
Tag this Judgment!Court : Karnataka
..... offences under section 7 of the act are appealable under section 15 of the act, it would become obligatory on the part of the respondent to pass an order on the reply to the show cause notice or the compliance report as the case would be and if the petitioners are aggrieved, they would have an opportunity of invoking the remedy of statutory appeal in terms of section 15 of the act. ..... to deal with violation of the provisions of the act insofar as they pertain to sections 7 and 21 of the act, rules 73, 75, 76, 78, 80 and 82 of the rules are ..... such registration, the petitioners have violated section 10 of the act which prohibits employment of contract labour except where registered in terms of section 7 of the act. ..... therefore, sections 7 and 10 of the act which are intertwined and are the principal sections concerning to the case on hand under which allegations against the petitioners are ..... registration is dealt with under section 7 of the act, which reads as follows:14. ..... notice by the petitioners, it becomes obligatory on the part of the respondent to pass an order either rejecting or accepting such reply given to the show cause notice in the light of the statutory remedy of appeal under section 15 of the act being available under the act. ..... section 24 of the act would make the person who contravenes the provisions of the act or the rules made there under for which no other penalty is elsewhere provided is punishable with an imprisonment for a term which may extent for three years or .....
Tag this Judgment!Court : Karnataka
..... offences under section 7 of the act are appealable under section 15 of the act, it would become obligatory on the part of the respondent to pass an order on the reply to the show cause notice or the compliance report as the case would be and if the petitioners are aggrieved, they would have an opportunity of invoking the remedy of statutory appeal in terms of section 15 of the act. ..... to deal with violation of the provisions of the act insofar as they pertain to sections 7 and 21 of the act, rules 73, 75, 76, 78, 80 and 82 of the rules are ..... such registration, the petitioners have violated section 10 of the act which prohibits employment of contract labour except where registered in terms of section 7 of the act. ..... therefore, sections 7 and 10 of the act which are intertwined and are the principal sections concerning to the case on hand under which allegations against the petitioners are ..... registration is dealt with under section 7 of the act, which reads as follows:14. ..... notice by the petitioners, it becomes obligatory on the part of the respondent to pass an order either rejecting or accepting such reply given to the show cause notice in the light of the statutory remedy of appeal under section 15 of the act being available under the act. ..... section 24 of the act would make the person who contravenes the provisions of the act or the rules made there under for which no other penalty is elsewhere provided is punishable with an imprisonment for a term which may extent for three years or .....
Tag this Judgment!Court : Karnataka
..... 234b; it may be pertinent to note that it was inserted and brought into effect from the same time as section 153 was substituted by finance act, 2016; similarly, section 153(5) was substituted by finance act, 2016 prescribing the time limit to give effect to the orders passed under the sections mentioned therein, wholly or partly, otherwise than by making a fresh assessment or reassessment; prior to such amendment, no time limit was prescribed for passing of oge; it may be noted that the requirement of paying ..... submissions canvassed on behalf of the assessee: (a) section 153(2a) of the act prior to 2016 amendment encompassed within itself the power to make fresh assessment order in terms of orders made in appeal; if recomputation was required for giving effect to these appellate orders, no time limit was prescribed since that was covered by section 153(6); however, a significant change was brought in by amendment vide finance act, 2016 that contemplates two scenarios viz. .....
Tag this Judgment!Court : Supreme Court of India
..... and which accepts deposits of money from the public merely for the purpose of financing its business as such manufacturer or trader shall not be deemed to transact the business of banking within the meaning of this clause; xxx xxx xxx section 45a (a) of the reserve bank of india act, 1934 45a(a) banking company means a banking company as defined in section 5 of the banking regulation act, 1949, and includes the state bank of india, any subsidiary bank as defined in the ..... these appeals are against a judgment and order dated 27.11.2020, passed by the division bench of delhi high court, dismissing the appeal being fao(os) (comm) no.136 of 2019, filed by the appellant under section 37 of the arbitration and conciliation act 1996, hereinafter referred to, in short, as the a & c act read with section 13(1a) of the commercial courts act 2015, and affirming an order dated 16.05.2019 passed by the commercial division of the delhi high court in omp(i) (comm) no.523/2017 under ..... section 9 of the a & c act, whereby the court refused to recall its earlier order dated 09.04.2019, directing the appellant 2 to substitute an irrevocable bank guarantee, issued by the industrial and commercial bank of china limited (icbc), mumbai branch for rs.30 crores .....
Tag this Judgment!Court : Karnataka
..... lands have been acquired) as a part compensation, for acquisition of land, such shares in no case shall exceed twenty-five per cent of the value so calculated under sub-section (1) or sub- section (2) or sub-section (3) as the case may be: provided further that the requiring body shall in no case compel any owner of the land (whose land has been acquired) to take its shares ..... is situated; or (b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or (c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher: provided that the date for 11 7 determination of market value shall be the ..... hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under sub-section (1) of section 11, or make different reports in respect of different parcels of such land, to the appropriate government, containing his recommendations on the objections, together with the record of the proceedings held ..... amendment act, several provisions of 2013 act have been amended, however, the amendments which are relevant for decision of the controversy involved in these appeals are, amendment of section 2, insertion of sections ..... act, which contain sections 18 to 24 of the 1966 act deal with 'finance ..... finance' 1987 ..... finance .....
Tag this Judgment!Court : Karnataka
..... 18.11 that market value is one as defined under section 2(mm) of the karnataka stamp (amendment) act, 1975 and is the price which such property would have fetched in the opinion of the deputy commissioner or the appellate authority or the chief controller of revenue authority, if sold in the open market on the date ..... 4.9 thereafter, a cabinet note came to be prepared and opinion of the revenue department and the finance department was also placed and it was opined that action be 13 initiated for recovery of the encroached land with the permission of the hon ble court and an affidavit of the then chief secretary, dated ..... yet to take a final decision, the matter was required to be placed before the sub-committee 21 and accordingly placed before it on 07.08.2015 in which meeting, the sub-committee resolved to obtain the opinion of the finance department in view of the huge financial implications involved. ..... matter was placed before the sub-committee in its meeting on 27.08.2015 and in the said meeting, the sub-committee decided to obtain the opinion of the finance department in view of the large financial implication. ..... it is further elaborated that the finance department by its opinion dated 28.10.2015 conveyed its disagreement with the views of the law department and further opined that the matter has to be 48 placed before the cabinet as the financial implications ..... 8.2 later, the finance department has disagreed with the earlier report and opined that the market value be fixed at .....
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