Court : Karnataka
..... forfeited by the bank. 5.5.2 the high court held that rule 9(5) of the rules should yield to the principles of section 73 of the indian contract act, 1872. a further view was taken by the high court that the forfeiture of the amount of deposit by secured creditor under the sarfaesi ..... if not paid by the successful auction- purchaser, another recovery proceeding would have to be initiated by the secured creditor in terms of sections 73 and 74 of the contract act to recoup the loss and expenditure occasioned to it by the defaulting successful auction-purchaser. secondly, such an interpretation would allow unscrupulous borrowers being hands-in glove with the ..... brought into play to negate the mandatory effect of forfeiture of earnest money deposit under the rule, it was observed, if sections 73 and 74, respectively of the contract act are interpreted so as to be made applicable to a breach in payment of balance amount by the successful auction-purchaser, it would lead to a chilling effect in .....
Tag this Judgment!Court : Supreme Court of India
..... (cbi) (bank securities and fraud cell), mumbai, for the offences punishable under sections 420, 468, 471 and 120-b of ipc and section 13(2) read with 13(1)(d) of prevention of corruption act, 1988 (for short, the pc act ). charge sheet was filed for the said offences on 8th august 2014. a total of seven accused persons were charge- sheeted ..... epc) facilities of rs.330 crores.3. the bank disbursed a sum of rs. 247.50 crores against epc on various dates. the company claimed that it was awarded a contract by m/s kamal alloys ltd., tanzania, for the execution/setting up of a steel plant in tanzania on a turnkey basis. therefore, the epc facility was granted for procurement ..... the respondent, he abused his official position as a public servant and indulged himself in mischief or criminal misconduct, as provided in section 13(1)(d) of the pc act. she submitted that criminal appeal no.2891 of 2023 page 4 of 11 at the stage of framing of the charge, the high court could not have gone into the .....
Tag this Judgment!Court : Karnataka
..... would also qualify to be the corporate guarantor, yet since it is a settled proposition of law that any partnership concern constituted under the provisions of the indian partnership act, 1932, by virtue of the law, is indispensable from its partners and as such the liability of the partners in any partnership concern is unlimited. ..... proposition that - 13 - the liability of partners in any partnership firm, also applicable in the instant case to the firm, duly constituted under the provisions of indian partnership act, 1932, is unlimited. thus, relying upon the settled proposition of the law and its principals, partners of the said guarantor firm, ipso facto, would be ..... decision of the apex court in mafatlal industries ltd. v. union of india [(1997) 5 scc536, the concept of jurisdiction was highlighted. yet another decision in indian farmers fertilisers cooperative society ltd. v. bhadra products [(2018) 2 scc534, was relied on, again to submit that the jurisdiction is a coat of many colours .....
Tag this Judgment!Court : Supreme Court of India
..... to who are competent to contract and it provides that every person is competent to contract who is of the age of majority according to the law to which he is subject (of course the reference ..... transfer of property act deals with persons competent to transfer. it provides that every person civil appeal nos. 3159-60 of 2019 page 33 of 53 competent to contract is competent to transfer property to the extent and in the manner allowed and prescribed by any law for the time being in force. section 11 of the indian contract act, 1872, provides as ..... is to the indian majority act, 1875) and who is of sound mind and is not disqualified from contracting by any law to which he is subject.30. though an agreement to sell is a contract of sale, going by its definition under section 54 of the transfer of property .....
Tag this Judgment!Court : Supreme Court of India
..... laid down in the case of bharat sanchar nigam limited & anr. v. union of india & ors.2, must be applied. it is submitted that under the cgst act, a works contract involving the creation of immovable property is treated as a supply of services. thus, the nature of the deliverable, namely, building, etc., has no relevance to the levy ..... and carnatic co. ltd., etc.10, jindal stainless ltd. and anr. v. state of haryana and ors.11 and state of tamil nadu and anr. v. national south indian river interlinking agriculturist association12. the true import of the legislative provision is to be understood from the plain reading of the provision and not on the basis of affidavits or ..... included in the definition of plant . in decided cases, the high courts have rightly understood the meaning of the term plant in a wide sense. (see cit v. indian turpentine and rosin co. ltd. [(1970) 75 itr533.9. if the dictionary meaning of the word plant were to be taken into consideration on the principle that the .....
Tag this Judgment!Court : Supreme Court of India
..... was then critiqued by this court in navtej singh johar v. union of india.48 the court was dealing with a challenge to the constitutionality of section 377 of the indian penal act, 1860, to the extent that it criminalized consensual sexual conduct between adults. in his concurring opinion, one of us (justice dy chandrachud) held: equating the content of equality with ..... with the directions of the jailer (and sanctioned by the superintendent) and in line with the rules under section 59 of the act. the officers are proscribed from dealing with the prisoners, or to have an interest in the contracts for supply of the prison. the superintendent is responsible for managing the prison in matters relating to discipline, labour, expenditure, punishment and .....
Tag this Judgment!Court : Supreme Court of India
..... imf.org/en/topics/imf-and- covid19/policy-responses-to-covid-19 125 in re: interplay between arbitration agreements under the arbitration and conciliation act 1996 and the indian stamp act 1899, 2023 insc1066[159]. page 81 of 112 part e ensure that the provisions of the two enactments are interpreted harmoniously unless there ..... state of kerala, 1960 scc online sc7[9]. 53 in re: interplay between arbitration agreements under the arbitration and conciliation act 1996 and the indian stamp act 1899, 2023 insc1066[125]. 54 income tax act 1922 page 59 of 112 part d of the relevant assessment year). thus, section 34 conferred jurisdiction on income tax ..... or any contract or document mentioned the enactment following it will have its full operation or that the provisions embraced in the non obstante clause would not be an impediment for an operation of the enactment. 92 in re: interplay between arbitration agreements under the arbitration and conciliation act 1996 and the indian stamp act 1899, .....
Tag this Judgment!Court : Karnataka - Dharwad
..... levy imposed on the service aspect of the transaction is in violation of the principle of composite supply enshrined under section 2(30) read with section 8 of the cgst act. since the indian importer is liable to pay igst on the composite supply , comprising of supply of goods and supply of services of transportation, insurance, etc. in a cif ..... contract, a separate levy on - 8 - nc:2024. khc-k:7583 wp no.200893 of 2024 the indian importer for the supply of services by the shipping line would be in violation of section 8 of the cgst ..... s power to enact primary legislations; (ii) on a conjoint reading of sections 2(11) and 13(9) of the igst act, read with section 2(93) of the cgst act, the import of goods by a cif contract constitutes an inter-state supply which can be subject to igst where the importer of such goods would be the recipient of shipping .....
Tag this Judgment!Court : Supreme Court of India
..... (ca)]. reasonableness. furthermore, "patent illegality" itself has been held to mean contravention of the substantive law of india, contravention of the 1996 act, and 11 contravention of the terms of the contract." conclusion:20. in view of the above position in law on the subject, the scope of the intervention of the court in arbitral matters ..... interest of india, conflict with justice or morality, and the existence of patent illegality in the arbitral award. additionally, the concept of the "fundamental policy of indian law" would cover compliance with statutes and judicial precedents, adopting a judicial approach, compliance with the principles of natural justice, and wednesbury [associated provincial picture houses ..... policy of india i.e. if the award is induced or affected by fraud or corruption or is in contravention with the fundamental policy of indian law or it is in conflict with most basic notions of morality and justice. a plain reading of section 34 reveals that the scope of .....
Tag this Judgment!Court : Karnataka
..... but two cmp proceedings.5. the brief facts of the case is that the appellant the mysore lamp works limited is a company incorporated under the indian companies act, 1913 and engaged in providing lighting solutions and manufacturing and selling of bulbs, tube-lights etc. the then karnataka electricity board (keb) had ..... power transmission corporation limited (kptcl) entrusted the project at raichur thermal power station. respondent no.1 s.v.engineers and contractors was entrusted with sub-contract by the appellant for supply of material and installation and erecting electric post etc. this proceeding is an extended proceeding held by respondent no.2 subsequent ..... are two projects, one at yelahanka and another at raichur which were handled by appellant and the lighting installation work and materials, procurements was sub-contracted to respondent no.1. it is stated that the transactions of yelahanka project pertained to period commencing from november 1991 and finally concluded in december 1997 .....
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