Court : Karnataka
..... k.b.swamy. petitioner (by sri. k suman,senior counsel for sri. siddharth suman, advocate) and:1. . union of india, by its secretary, ministry of finance, new delhi110001. 2 . the reserve bank of india nrupatunga road, bengaluru-560 001, represented by its governor. 3 . yes bank limited having its registered and corporate ..... be established on a property which petitioner had obtained by a registered lease deed dated 11.01.2007 with archdiocease of bangalore. on the assurances & representations of the 4 petitioner, the third respondent bank sanctioned the credit facilities which would include a term ..... scrupulous borrower and a culpable litigant.3. brief facts of the case: (a) petitioner, a private limited company is incorporated under the provisions of companies act, 1956, with the sole purpose of developing sa hotel namely, the ritz-carlton-bangalore , for providing accommodation and worldly services. the hotel was sought to .....
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..... , licensing or any such manner without transfer of right of use such goods, is a declared service under clause (1) of section 66e of the finance act, 1994?. submissions on behalf of the revenue :14. the learned counsel appearing for the revenue vehemently submitted that the tribunal committed a serious error in passing ..... ?. (iii) whether the service provided by the respondent is classifiable under information technology service liable to service tax under section 65(105)(zzzze) of the finance act, 1994 prior to 01.07.2012 and under section 66e(f) of the finance act, 1994 w.e.f. 01.07.2012?. (iv) whether the transfer of goods by way of hiring, leasing ..... (diary no.24399 of 2020) 2. delay condoned. 13. this appeal under section 35l(b) of the central excise act, 1944 (for short, the act 1944 ), as made applicable to the service tax by section 83 of chapter v of the finance act, 1994 (for short, the act 1994 ), is at the instance of the revenue and is directed against the .....
Tag this Judgment!Court : Supreme Court of India
..... air1961sc123628 64. it is well settled that even entries in books of accounts and/or balance sheets of a corporate debtor would amount to an acknowledgment under section 18 of the limitation act. in asset reconstruction company (india) limited v. bishal jaiswal and anr.12 (supra) authored by nariman, j.this court quoted with approval the judgments, ..... corporate debtor as per the particulars given below:- 3 i. cash credit : rs.1000.00 lakhs ii. wcdl (sub limit of cc : rs.680.00 lakhs iii. invoice finance discounting : rs.680.00 lakhs (submit of cc) iv. term loan i : rs.240 lakhs v. term loan ii : rs.334.00 lakhs vi. term loan iii ..... of tempo and tractor components. in or about 2012-2013, the corporate debtor decided to expand its business and operations and entered into negotiations with bankers for finance for the proposed expansion.3. according to the corporate debtor, some-time in july- august 2012, some employees of the appellant financial creditor approached the corporate debtor .....
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..... group of appeals is, whether, service tax could be levied on composite works contracts prior to the introduction of the finance act, 2007, by which the finance act, 1994 came to be amended to introduce section 65(105)(zzzza) pertaining to works contracts?.3. feeling aggrieved and dissatisfied with the impugned judgment and order dated 07. ..... in the present appeals is, whether service tax could be levied on composite works contracts prior to the introduction of the finance act, 2007, by which the finance act, 1994 came to be amended to introduce section 65(105) (zzzza) pertaining to works contracts?.5. at the outset, it is required to be noted that the ..... to gather the meaning of works contract from judicial precedent in order to answer the rival submissions in the instant case. section 65(105)(zzzza) of the finance act, 1994 as amended by the finance act, 2007 which defines work contract, has been extracted as under, for ease of reference: works contract means a contract wherein, transfer .....
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..... . needless to mention that consequent upon the reinstatement, petitioner is entitled to regular salary from the date of award subject to adjustment of the amount already paid under section 17b of the industrial disputes act.12. mr. debal banerji, senior advocate, appearing on behalf of the appellant- bank rightly argued that the principles of res judicata apply to writ proceedings under articles ..... writ petition no.1571 of 2013 in the high court of madhya pradesh at gwalior, seeking orders on the appellant-bank to reinstate the respondent to the post of agricultural finance officer with notional fixation of pay upto 10th september 2008 i.e the date of the award of the tribunal and for payment of actual salary from 10th september 2008 .....
Tag this Judgment!Court : Karnataka
..... the project of bengaluru metro established by the bengaluru metro rail corporation limited under the provision of the karnataka industrial areas development act (kiadb act). the final notification under section 28(4) of kiadb act came to be issued acquiring 13.40 sq.mtrs in sy.no.81/1, 171.40 sq.mtrs in sy.no.81 ..... made, the points that would arise for consideration are: - 15 - wp no.22773 of 2021 1. whether the amount deducted under section 194-la of the income tax act and remitted to the account of the respondent would constitute the income of the respondent?.2. whether the respondent can delay payment of the amounts ..... authority karnataka industrial area development board, metro rail project maharshi aravinda bhavan, 1st floor, nrupathunga road, bengaluru 560 001. represented by its acquisition officer.2. controller of finance, karnataka industrial area development board, at no.49 4th & 5th floors, east wing, khanija bhavan, race course road bengaluru 560 001.-. 2 - wp no.22773 .....
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..... elementary schools. hence the impugned notification page 46 of 107 would have to be read as carving out an exception / modification to an act of the parliament i.e., section 23 of the said 2009 act and same cannot be faulted with. 12.3.it is submitted that the impugned notification and the rules appended thereto which are being excepted ..... shetty vs. international airport authority of india and ors. reported in (1979) 3 scc489 neelima misra vs. harinder kaur paintal reported in (1990) 2 scc746and peerless general finance and investment co. ltd vs. reserve bank page 83 of 107 of india reported in (1992) 2 scc343 it is finally observed and held that the power conferred on ..... order makes the district as the basis of classification. it is submitted that as such there is no challenge to the scheduled area (state of jharkhand) order, 2007 in these cases. 12.2.so far as the contention on behalf of the original writ petitioners that impugned notification and order purport to modify rules framed under .....
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..... whichever is earlier. similarly, in madras bar association (2021) (supra), the challenge was to sections 12 and 13 of the tribunal reforms (rationalisation and conditions of service) ordinance, 2021 and the amended sections 184 and 186(2) of the finance act, 2017, which provided for a four- year term to the concerned tribunal, with a maximum age ..... 180/2022 2 2 of the national company law tribunal for a tenure of three years is contrary to the provisions of section 413 of the companies act 2013. sub-section (1) of section 413 of the companies act 2013 stipulates that: 413 term of office of president, chairperson and other members.- (1) the president and every other ..... present stage would interfere with the selection process.25. while the notification dated 20 september 2019 prescribing a three year term was not in consonance with section 413 of the companies act 2013, we note that: (i) the members appointed under the notification failed to raise a challenge; (ii) a fresh process of selection .....
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..... should be read together and if so whether reading these two statements together these amount to an acknowledgement as contemplated under section 18 of the limitation act, 1963, or section 19 of the limitation act, 1908. in my opinion, both these statements have to be read together. the balance-sheet is meant to be ..... in vashdeo r. bhojwani v. abhyudaya co-operative bank ltd. & ors.14 this court rejected the contention that the default was a continuing wrong and section 23 of the limitation act 1963 would 11 1991 supp (1) scc40212 (1998) 7 scc12313 (2019) 11 scc63314 (2019) 9 scc15841 apply, relying upon balkrishna savalram pujari ..... of the corporate debtor; (b) represent and act on behalf of the corporate debtor with third parties, exercise rights for the benefit of the corporate debtor in judicial, quasi-judicial or arbitration proceedings; (c) raise interim finances subject to the approval of the committee of creditors under section 28; *** 27. replacement of resolution professional by .....
Tag this Judgment!Court : Supreme Court of India
..... for specific power under the same code.8. another important consideration which is to be kept in mind is as to when the high court acting under the provisions of section 482 should exercise the inherent power insofar as quashing of criminal proceedings are concerned. this matter was gone into in greater detail in smt. nagawwa ..... compartment of an individual or personal wrong. it is a social wrong and it has immense societal impact. it is an accepted principle of handling of finance that whenever there is manipulation and cleverly conceived contrivance to avail of these kinds of benefits it cannot be regarded as a case having overwhelmingly and predominatingly civil ..... in the statute itself and in the aforementioned cases. in view of the settled legal position, the impugned judgment cannot be sustained. 12 (1988) 1 scc69213 (2007) 12 scc114 35. it is a well settled proposition of law that criminal prosecution, if otherwise justified, is not vitiated on account of malafides or vendetta. as .....
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