Court : Supreme Court of India
..... 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 ..... - abhishek banerjee and rujira banerjee seeking quashing of the summons dated 10.09.2021 issued to them by the respondent ed under section 50 of the prevention of money laundering act, 2002 (hereinafter referred to as the pmla ), and seeking further direction 1 against the respondent not to issue any summons under section 50 of the said act to the appellants for their appearance in new delhi, rather than their hometown/ place of domicile i.e. ..... much reliance has been placed by the learned counsels for the appellants on the annual report of ministry of finance, goi, which according to them has stated about the organizational structure of directorate of enforcement, demarcating the ..... 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. ..... the department of revenue, ministry of finance has issued administrative instructions consistent with section 51 of pmla that demarcate the specific .....
Tag this Judgment!Court : Supreme Court of India
..... 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 ..... 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 ..... 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 ..... 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) ..... 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. ..... bhalachandra varale) new delhi september06 2024 .....
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. ..... (pankaj mithal) new delhi; september04 2024 11
Tag this Judgment!Court : Supreme Court of India
..... the 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 specify the ..... finding adverse to him as the decree is entirely in his favor and he may support the decree without his cross objection; the amendment made in the text of sub rule (1), read with the explanation newly inserted, gives him a right to take cross objection to a finding recorded against him either while answering an issue or while dealing with an issue. ..... 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, the person who has ..... godavari finance company ..... kothari & ors.4 was based on the definition of owner as obtaining under the old act hence it would not be of any help to decide ownership of a vehicle under the new m.v. ..... .(manoj misra) new delhi; september 03, 2024 slp (c) no.28968/2018 page .....
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
..... 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. ..... 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 ..... 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 ..... 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 ..... 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 ..... new delhi august29 2024 .....
Tag this Judgment!Court : Supreme Court of India
..... now been elaborated in the form of explanation inserted vide finance (no.2) act, 2019. ..... 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 ..... 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. ..... 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 ..... person is in judicial custody/custody in another case investigated by the same investigating agency, whether the statements recorded (in this case the statements dated 03.08.2023, 04.08.2023, 11.08.2023) for a new case in which his arrest is not yet shown, and which are claimed to 21 contain incriminating material against the maker, would be admissible under section 50?.23. .....
Tag this Judgment!Court : Supreme Court of India
..... 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 ..... courts cannot and should not expand jurisdiction to deal with the question as to whether a particular caste, sub-caste; a group 1 (2001) 1 scc45 or part of tribe or sub-tribe is included in any one of the entries mentioned in the presidential orders issued under articles 341 and 342 particularly so when in clause (2) of the said ..... of the appellants at the concerned police station; however, these proceedings were quashed by the high court while exercising jurisdiction under section 482 of the code of criminal procedure, 1973(hereinafter referred to as 'crpc'). ..... 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 ..... 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. ..... new .....
Tag this Judgment!Court : Supreme Court of India
..... 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 ..... coal and mines issued a gazette notification under section 3(3)(a)(iii)(4) of the coal mines (nationalization) act, 197319 stating as below:"ministry of coal and mines (department of coal) notification new delhi, the 16th july, 2004 s.o. ..... finance) of kpcl and nominee director on the board of kecml under section 19 of the pc act ..... the board of kecml which conspired to insert clause 12 of the mou did not take any protective / mitigative measures to prevent the loss ..... nagaraja, the then director (finance) of kpcl and the nominee director on the ..... in the finance and accounts ..... then director (finance) of kpcl and ..... 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, ..... 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 ..... nagaraja, director (finance) of kpcl .....
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