Court : Supreme Court of India
..... and liabilities of the proprietary concern, while the nclat took a different position. 49 we must first consider the relevant statutory provisions. section 4 of the 28 companies act 2013 defines an moa. section 4(1) provides the relevant information that an moa shall provide, which includes, in sub-clause (c), that it should ..... contracts have dues whose quantum is generally less. in the running of a business, operational creditors can be many as opposed to financial creditors, who lend finance for the set-up or working of business. also, financial creditors have specified repayment schedules, and defaults entitle financial creditors to recall a loan in totality ..... the above, the nature of loan agreements with financial creditors is different from contracts with operational creditors for supplying goods and services. financial creditors generally lend finance on a term loan or for working capital that enables the corporate debtor to either set up and/or operate its business. on the other hand .....
Tag this Judgment!Court : Supreme Court of India
..... rather than the multiplicity or plurality of witnesses. it is quality and not quantity, which determines the adequacy of evidence as has been provided by section 134 of the evidence act. even in probate cases, where the law requires the examination of at least one attesting witness, it has been held that production of more ..... show that the witnesses had reason to shield actual culprit and falsely implicate the accused.35. the last case we need to concern ourselves is namdeo v. state of maharashtra [(2007) 14 scc150: (2009) 1 scc (cri) 773]. , wherein this court after observing previous precedents has summarised the law in the following manner: : (scc p. ..... 2004 scc (cri) supp 28]., acharaparambath pradeepan v. state of kerala [(2006) 13 scc643 (2008) 1 scc (cri) 241]. and sarvesh narain shukla v. daroga singh [(2007) 13 scc360 (2009) 1 scc (cri) 188].). deposition of a chance witness whose presence at the place of incident remains doubtful should be discarded (vide shankarlal v. state .....
Tag this Judgment!Court : Karnataka
..... mysterious circumstances. the counsel also contend that investigating officer has totally failed to comply with the procedure established under section 50 of ndps act and also sections 42 of the ndps act and it shows clear violation of section 52(3) of ndps act as the officer who arrested is not an officer in-charge of police station and hence, prayed to allow ..... and in the case on hand also in the presence of the gazetted officer only, the personal search was made and hence, there is a compliance of section 50 of ndps act. 129. the other contention that the officer who registered the case is not an officer in-charge of the police station, is a matter of fact ..... apex court in the judgment reported in (2000) 9 scc549in the case of superintendent, narcotics controls bureau, chennai vs r.paulsamy held that provisions of section 37 of the ndps act; it is held that it would be too early to take into account and judge the matter regarding non-complaince with the formalities during the bail stage .....
Tag this Judgment!Court : Supreme Court of India
..... company to supply electricity to a consumer directly. for the said pur pose what is necessary is to comply with the provisions of the act, the rules and the regulations. section 14 of the act categorically provides for grant of licence to any person who is transmitting elec tricity or distributing supply or under taking trading therein, indisputably, however ..... it appears that certain discussions took place between the then hon ble chief minister of erstwhile state of andhra pradesh and the promoters of hnpcl. on 5th january, 2007, mr. g.p. hinduja addressed a communication to the then hon ble chief minister of the erstwhile state of andhra pradesh. it will be relevant to refer to ..... could not be bound by the representation made by the state government.37. shri vaidyanathan further submits that since the re initiation of the project in the year 2007 by hnpcl is as a merchant power plant, it can very well sell the power to the third parties in the market. he submitted that however, the .....
Tag this Judgment!Court : Supreme Court of India
..... after the notification of the award in accordance with itb421, request a debriefing . thus, clauses 28.1 and 42.5 read as under:- option a section i. instructions to bidders clause e. evaluation and comparison of bids 28. confidentiality 28.1 information relating to the evaluation of bids and recommendation of contract ..... respect of a technical or procedural violation. this was quite clearly stated by this court (following tata cellular) in jagdish mandal v. state of orissa, (2007) 14 scc517 in the following words: (scc p. 531, para22) 22. judicial review of administrative action is intended to prevent arbitrariness, irrationality, unreasonableness, bias ..... appeal.2. that the appellant herein nhsrcl is a government company incorporated under the companies act, 2013 with equity participation of the government of india, government of gujarat and government of maharashtra, incorporated with the object to finance, construct, maintain and manage the upcoming high speed rail corridor in india. 2.1 .....
Tag this Judgment!Court : Karnataka
..... together for disposal by this common judgment.2. by the impugned order the trial court has acquitted the respondent-accused of the offence punishable under section 138 of the negotiable instruments act, 1881 ( ni act for short). crl.a.no.1470/2018 c/w crl.a.nos. 1471/2018, 1472/2018, 1473/2018, 1474/2018, 1475/2018 3 ..... bank vs. abhishek mittal6 vii) honavar taluka primary co-operative agricultural & rural development bank, honavar vs.ganesh7 viii) m.jaishankar and another vs. sree gokulam chits and finance corporation pvt. ltd.8 ix) icds ltd vs. beena shabeer and another9 x) basalingappa vs. mudibasappa10 submissions of sri m.ashok kumar, learned counsel for the respondent ..... hon ble supreme court in para 9 to 11 of the judgment in icds limited s case referred to supra while analyzing the provisions of section 138 of the ni act held that section 138 not only includes the cheques issued towards the discharge of any debt, but other liability also. the hon ble supreme court stressed on .....
Tag this Judgment!Court : Karnataka
..... the cabinet. the statutory frame work afore-extracted clearly mandates certain action to be taken once the report is submitted by the lokayukta under sub-section (3) of section 12 of the act. the function of the lokayukta rests at that stage. the next stage where the lokayukta would again spring into action is, when an ..... was in possession of rs.9,700/- unaccounted cash. based on the material collected during criminal proceedings, the lokayukta framed a report under sub-section (3) of section 12 of the act and communicated the same seeking entrustment of departmental enquiry to it against the 2nd respondent. in the case at hand, the role of the competent ..... be of general, public, academic or professional interest in such manner and to such persons as he may deem appropriate. (emphasis supplied) sub-section (1) of section 12 of the act vests consideration of a complaint involving a grievance which has resulted injustice or undue hardship to the complainant or any other person and a report .....
Tag this Judgment!Court : Supreme Court of India
..... esl was granted sales tax 2 exemption in terms of entry no.255(2) of the notification dated 05.03.1992 issued under section 49(2) of the act, 1969 for the period from 22.02.1993 to 21.02.2007 up to a maximum monetary limit of rs. 2050 crores. 2.2 at this stage, it is required to be noted that ..... unit purchasing, goods for use in manufacturing goods. [see entry at serial no.255 inserted by government notification, finance department no.(ghn-8) gst-1092/ (s.49)-(249)-th dated the 5th march, 1992 issued under section 49(2) of the gujarat sales tax act,1969]. i, ________ of m/s. address ____________ certify the i/the said ______ as/is a registered ..... purchasing, goods for use in manufacturing goods. [see entry at serial no.255 inserted by government notification, finance department no.(ghn-8) gst-1092/ (s.49)-(249)-th dated the 5th march, 1992 issued under section 49(2) of the gujarat sales tax act,1969]. i, ________ of m/s. address ____________ certify the i/the said ______ as/is a registered .....
Tag this Judgment!Court : Supreme Court of India
..... of the regulations which are statutory provisions. in other statutes under consideration viz. the life insurance corporation act and the industrial finance corporation act though there is no specific provision comparable to section 12 of the 1959 act the terms and conditions of employment and conditions of service are provided for by regulations. these regulations ..... procedure for dismissing employees. these regulations in the statutes are described as status fetters on freedom of contract . the oil and natural gas commission act in section 12 specifically enacts that the terms and conditions of the employees may be such as may be provided by 17 (1975) 1 scc42116 part c ..... of the central government: .ln exercise of the powers conferred by sub-section (1) of section 97, read with clause(xxi) of sub-section (2) and sub- section (2a) of the said section and sub-section (3) of section 17 of the employees' state insurance act, 1948 (34 of 1948) and in supersession of the employees state insurance .....
Tag this Judgment!Court : Supreme Court of India
..... 39 the current annual income tax exemption limit is rs 2,50,000. however, in february 2019 the government through finance act amended the income tax act to provide relief to the low-income individuals wherein anyone having taxable income up to five lakhs of rupees per annum ..... 2021 and with writ petition (c) no 1105 of 2021 1 judgment dr dhananjaya y chandrachud, j this judgment has been divided into the following sections to facilitate analysis: a. factual background ............................................................................................ 3 b. pendency of the writ petition instituted by saloni kumari ............................ 10 c. submissions of counsel ..... haryana59, a writ petition was filed seeking to quash the prospectus issued by maharishi dayanand university, rohtak, haryana for the academic session 2007-2008 to the extent that it did not provide any reservation of seats for sc and st candidates. one of the contentions .....
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