Court : Supreme Court of India
..... sub-urban districts) and the concerned deputy inspector general of registration and deputy controlling of stamps for cases in other regions. 25 in view of section 52a(2) of the act, the additional collector of stamps or the dig as the case may be, on assessing the application has to decide whether allowance should be given ..... of the date of the instrument [or where such agreement is cancelled by a registered cancellation deed on the grounds of, dispute regarding the premises concerned, inadequate finance, financial dispute in terms of agreed consideration, or afterwards found to be illegal construction or suppression of any other material fact, the application may be made ..... to be absolutely void in law from the beginning; (1a) has been afterwards found by the court, to be absolutely void from the beginning under section 31 of the specific relief act, 1963; (2) has been afterwards found unfit by reason of any error or ca59702021 8 mistake therein, for the purpose originally intended; (3) .....
Tag this Judgment!Court : Supreme Court of India
..... the toll plaza. we have already found that the executing authority has been defined in rule 2(f), as an officer or authority notified under section 5 of the national highway act. it would appear, therefore, that the executing authority, as defined, or the concessionaire, is empowered to establish the toll plaza beyond a distance ..... concessionaire agreement lasts for a particular period of time. it is the concessionaire, who makes the construction, after making the entire investment. the contract contemplates design, build, finance, operate and transfer (the dbfot ) under rule 16 of the rules, upon the expiry of the agreement, the fee is to be collected by the central government ..... cleared the project under nhdp phase iii on dbfot basis, i.e., design, build, finance, operate and transfer. it is apposite to notice, in the appraisal note [when the proposal was for four/six- 87 laning of the patna-bakhtiyarpur section]., the following: para 3.4. as observed from schedule a and b in the dca .....
Tag this Judgment!Court : Supreme Court of India
..... the material injury to the domestic industry may continue and intensify if anti-dumping duty is removed. hence, in exercise of the powers conferred by sub-sections (1) and (5) of section 9a of the customs tariff act 1975 read with rule 23 of customs tariff (identification, assessment and collection of anti-dumping duty on dumped articles and for determination of injury) rules ..... in or exported from japan, korea r.p. and the united states of america. the anti-dumping duty had been imposed by the government of india in the ministry of finance (department of revenue), by notification no.73/2000-customs dated 22 may 2000. by a communication dated 29 april 2004, the continuation of the anti-dumping duty for an ..... icd/pimp- c'wad/be-737/05-06 dated 23.05.2006. . 2 f.no.icd/pimp-chwd/scn/204/06-07 dated 30.06.2006. 2 section 111(m) of the customs act 1962; to demand anti-dumping duty of rs.10,14,101/-; besides the levy of interest and penalty. the show cause notice dated 30 june 2006 alleged .....
Tag this Judgment!Court : Supreme Court of India
..... with the old contracts, the question of constitution of novation for residual term would arise. the learned senior counsel submitted that in view of sub section (2) of section 11 of the said act, when an allottee decides not to continue with 9 the existing contracts entered into by the prior allottees with third parties, all such contracts shall ..... arbitrariness or favouritism. however, it must be clearly stated that there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finances of the state. it is expected to protect the financial interest of the state. the right to refuse the lowest or any other tender is always available to ..... was executed between panem and pseb, for the purpose of supply and delivery of the coal from pachhwara coal block to the power stations of pseb. on 6th january 2007, mining lease was issued by the government of jharkhand in favour of 4 panem, for mining coal even from the forest areas of the coal block.6. till .....
Tag this Judgment!Court : Supreme Court of India
..... of payment and, in fact, were paid to the assessee by the payer.14. the primary issue before us pertains to the interpretation of section 209 (1) (d). a proviso was inserted to section 209 (1) (d) by the finance act, 2012, which reads as under: provided that for computing liability for advance tax, income-tax calculated under clause (a) or clause (b ..... . 1311-1312 of 2016, civil appeal no.1314 of 2016 and civil appeal no.1310 of 2016 23. assessment orders were passed for the assessment years 2004-05 to 2007-08 in respect of alcatel lucent usa, inc. and for the assessment years 2004-05 to 2008-09 in respect of alcatel lucent world services inc. the assessees were ..... before the cit, restricted to the imposition of interest under section 234b of the act.4. the appeals were dismissed by the cit as not being maintainable. the appeals filed by the respondent- assessee against the order of the cit were disposed of by the itat on 16.11.2007 by remanding the appeals for the assessment years 1998-99 to .....
Tag this Judgment!Court : Karnataka
..... the facts as mentioned above and law position explained as discussed in the above said paras, i am of the considered opinion that mandatory provisions of section 33 of the act have not been complied with as the complaint does not contain any specific averments with regard to role of the present 18 petitioner. moreover, in absence ..... the prosecution to prove and only then a person can be prosecuted. these requirements have not been fulfilled while filing this complaint as neither requirement of section 33 of the act has been complied with nor specific averments have been made. the controversy in the present case is squarely covered by the judgment of case in p. ..... housing and finance limited (both hereinafter referred as the company for short), the petitioner and others is registered for offences involving section 120-b of the ipc read with sections 409, 420, 467, 468, 471, 474 and 477- a of the ipc and section 13(2) read 3 with section 13(1)(d) of the prevention of corruption act, 1988. .....
Tag this Judgment!Court : Supreme Court of India
..... disowned itself from the admissions of previous management pertaining to settlement of arrears of salary. on 27.2.2017, ramjee issued a demand notice under section 271(1)(a) of the companies act, 2013 read with section 8(1) of the insolvency and bankruptcy code, 2016 (hereinafter referred to as the ibc ) calling upon the corporate debtor to pay dues of ..... would have a substantial voting right. it is further submitted on behalf of d. ramjee that the contention of k.n. rajakumar that since the corporate debtor has taken finance from hdfc bank (respondent no.2 in civil appeal no.1792 of 2021 and respondent no.4 in civil appeal no.2901 of 2021), coc should consist only of hdfc ..... bank, is without merit, inasmuch as the finance taken from hdfc bank was only an interim finance and as such, hdfc bank could not be termed as a financial creditor. it is submitted that the view taken by both nclt and nclat .....
Tag this Judgment!Court : Karnataka
..... file of the xxxiii additional chief metropolitan magistrate, mayohall unit, bengaluru.2. the facts in brief are that the respondent made a complaint under section 138 of the negotiable instruments act ( n.i.act for short) against the petitioners as the four cheques issued by the second petitioner were not honoured and they were returned with an endorsement ..... for transferring the vehicles to the name of the respondent. as undertaken by the first petitioner, he did not clear the dues to m/s tata finance and therefore the said finance company seized the vehicle bearing no.ka-53/ c-5079 from the possession of the respondent. thus the first petitioner became a defaulter by breaching ..... rs.66,00,000/- and further agreed to clear the entire loan amount payable in respect of the said vehicles including the loan payable to m/s. tata finance company and handed over the documents of the vehicles. this agreement was pursuant to mou, and the first petitioner, at the time of handing over the vehicles, .....
Tag this Judgment!Court : Karnataka
..... which is the declared policy of the union government. with respect to airports it is public-private participation, which has been statutorily declared by incorporation of section 12a to the aai act. there is no challenge to the statutory provision. interference to a policy framed by the elected government it is trite, is difficult, and the ..... discussed, decided and recorded. it is pertinent to mention here that after the guidelines, the manual of procurement of goods was issued by goi, 17 ministry of finance and department of expenditure in 2017. as per the manual, bidding system are designed to achieve a balance between countervailing needs of right quality, rights source and ..... ) state of m.p. v. narmada bachao andolan (2011) 7 scc639iii) k.d.sharma v. sail (2008) 12 scc481iv) arunima baruah v. union of india (2007) 6 scc120in light of the aforesaid judgments, the petition deserves to be dismissed. 4627. the kerala high court has dealt in detail the issue of leasing out of the airports .....
Tag this Judgment!Court : Supreme Court of India
..... high handedness of the officials of the corporation and the appellant which led not only to loss of the premises but loss of business as well. section 322 and section 462 of the act read as under: 322. precautions in case of dangerous structures. (1) if any structure be deemed by the commissioner to be in a ..... ) shows that where a premises has fallen down under the circumstances mentioned therein the destruction of the shop itself does not amount to determination of tenancy under section 111 of the act. in other words there is no automatic determination of tenancy and it continues to exist .. (emphasis supplied) 24. in shaha ratansi khimji, the court ..... upon the nature of the impugned order giving rise to a cause of action. the notification dated february 8, 1984 issued by the state government under section 52(1) of the act became effective the moment it was published in the official gazette as thereupon the notified land became vested in the state government free from all encumbrances. .....
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