Court : Supreme Court of India
..... a concurring judgment, referred to public interest in section 394 of the companies act as follows: 5. what requires, however, a thoughtful consideration is whether the company court has applied its mind to the public interest involved in the merger. in this regard the indian law is a departure from the english law and it enjoins a ..... compulsory amalgamation has, by the time of the passing of the central government order, disappeared. thus, the raison d tre for applying section 396 of the companies act has, by the passage of time, itself disappeared. in fact, as on today, decrees/awards worth inr3365crore have been obtained against the defaulters, with inr83588 ..... itself. all these valiant attempts made to sustain such order must be rejected.64. however, learned senior advocates on behalf of the respondents have cited chairman, all india railway recruitment board and anr. v. k. shyam kumar and ors., (2010) 6 scc614 which, according to them, renders the judgment in mohinder singh gill (supra .....
Tag this Judgment!Court : Supreme Court of India
..... , is as follows: statement of objects and reasons interests of the stock-holder, the provisions of law relating to banking companies at present form a subsidiary portion of the general law applicable to companies and are contained in part xa of the indian companies act, 1913. these provisions, which were first introduced in 1936, and which have undergone two subsequent modifications, have proved inadequate and ..... to the regular coal requirement of the power sector.5. if there is a shortfall in the supply of coal and it is attributable to the ministry of coal or railways; such shortfall need not lapse and be carried over to the subsequent months up to a maximum of three months.6. old and high heat rate plants not complying with .....
Tag this Judgment!Court : Supreme Court of India
..... for supplying the aforesaid personnel, who were retired employees of the indian railways and were engaged on a lump sum honorarium basis. 3.2. by his letter dated 18.02.2002, the assistant provident fund commissioner circle-iv, calcutta informed the appellant-company that the number of employees of its establishment being twenty-eight ..... representations. on the other hand, by yet another letter dated 22.05.2002, the appellant-company elaborated on its contentions that the employees in question, being retired employees of railways, did not come within the purview of the act of 1952 and were to be treated as "excluded employees" under paragraph 26 of the ..... industrial workers, the government of india promulgated the employees' provident fund ordinance with effect from 15.11.1951, which was later on replaced by the act of 19521. thus, the concept underlying the enactment had been of providing for compulsory contributory provident funds for safeguarding the future of industrial workers. elaborate .....
Tag this Judgment!Court : Supreme Court of India
..... named in the fir. accused were arrested on 22.10.2010. on 26.10.2010, accused no.1 gave a memorandum of statement under section 27 of the indian evidence act and in consequent to the said memorandum weapon was recovered. after completion of the investigation, charge sheet was filed under the aforesaid sections.4. all the accused were ..... established. the trial court, however, came to the conclusion that accused nos.1 and 2 were not guilty of having committed offence under section 302 read with 34 ipc, however, they can be convicted of having committed the offence punishable under section 304 part ii read with section 34, the accused nos.1 and 2 were sentenced ..... 34 in a fact situation of an offence has been clearly and categorically laid down by this court. section 34 of ipc provides as follows:- 34. acts done by several persons in furtherance of common intention. when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for .....
Tag this Judgment!Court : Supreme Court of India
..... 581 of 2017), the limited grievance was about deduction of income tax from the calculated income. that ground is unsustainable in light of the decision in national insurance company limited vs. pranay sethi and ors.12 we cannot permit the appellants to widen the scope in the present appeal, muchless pray for enhanced compensation. we are instead ..... . he relied upon kusum lata and ors. vs. satbir and ors.1, bimla devi and ors. vs. himachal road transport corporation and ors.2, united india insurance company limited vs. shila datta and ors.,3 and dulcina fernandes and ors. vs. joaquim xavier cruz and anr. 4, in support of his arguments.14. per contra, mr ..... and charge sheet (exh.2) filed against respondent no.2 for offences punishable under sections 279, 337 and 304a of the indian penal code ( ipc ) and sections 134/187 of the motor vehicles act (for short the act ). it noted that the respondents had not challenged the fir or the charge sheet before any authority.6. the tribunal also examined .....
Tag this Judgment!Court : Supreme Court of India
..... the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, the income tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act, 2008, and the companies act ..... a will, or letter of administration, or court decree (as may be applicable), under the indian succession act, 1925; (f) the latest and complete copy of the financial contract reflecting all amendments and waivers to date; (g) a record of default as available with any credit information company; (h) copies of entries in a bankers book in accordance with the bankers books evidence .....
Tag this Judgment!Court : Supreme Court of India
..... i) has attained 21 years of age; (ii) is a citizen of india or a partner of partnership firm registered under the indian partnership act, 1932 or a company registered under the companies act, 1956 or the companies act, 2013; (iii) possess a good character and antecedents and shall not have any history of criminal record in the past: provided ..... purposes of this section, sports club or gymkhana means an establishment registered as such under the provisions of the bombay public trusts act, 1950, or the societies registration act, 1860 or the companies act, 1956, or any other law for the time being in force. 19) it is the validity of these provisions which was ..... ... . in a way, therefore, section 2(8) incorporates the definition of obscenity as laid down in the ipc which also makes obscene books etc. (section 292 ipc) as well as obscene acts and songs (section 294 ipc) as punishable offences. 8482) concise oxford dictionary (tenth edition, revised) defines the term prurient as under:"prurient .....
Tag this Judgment!Court : Supreme Court of India
..... to play in the selection of the iop. as per the defence offset 8 technical offset evaluation committee 25 guidelines, the oem is free to select any indian company as its iop. a joint venture is stated to have come into being between reliance defence and dassault in february 2017, which is stated to be a ..... been tailor made to benefit any particular tenderer or a 1 (2007) 14 scc5178 class of tenderers. [see maa binda express carrier & anr. vs. north east frontier railway & ors. 2].8. various judicial pronouncements commencing from tata cellular vs. union of india 3, all emphasise the aspect that scrutiny should be limited to the wednesbury ..... 4th october, 2018 which complaint, according to the petitioners, disclose a prima facie evidence of commission of a cognizable offence under the provisions of the prevention of corruption act, 1988. the prayer, inter alia, made is for direction for registration of an fir and investigation of the same and submitting periodic status reports to the court .....
Tag this Judgment!Court : Supreme Court of India
..... be decided at the earliest, we have disregarded this preliminary objection.9. section 255 of the insolvency code reads as follows: 255. amendments of act 18 of 2013. the companies act, 2013 shall be amended in the manner specified in the eleventh schedule. in pursuance of this section, the eleventh schedule to the code makes various ..... application as it is a non-obstante clause which interdicts a clash between the insolvency code and other statutes. inasmuch as the amendments to section 434 of the companies act, 2013 have been made pursuant to the eleventh schedule of the insolvency code itself, section 238 would have no application, and, therefore, the winding up ..... senior advocate, appearing on behalf of respondent no.3, 4 have argued that a perusal of the eleventh schedule of the code and amendments made to the companies act, 2013, particularly to section 434 therein, would show that all winding up proceedings pending before the high court are to stand transferred to the nclt at such .....
Tag this Judgment!Court : Supreme Court of India
..... the judgment of trial court & first appellate court. the defendants could not prove the due execution of the will either as mandated under the indian succession act or as per the provisions of indian evidence act.19. in the pending appeal before us the appellants wanted to mark certain additional documents in support of the execution of the will. we ..... jagan nath, executor of the will, belonged. learned senior counsel further submitted that the said will was executed as per the requirement of section 63 of the indian succession act, 1925. it is submitted by the learned senior counsel that the courts below as well as the high court have ignored material evidence of mohinder singh (p. ..... of valid will is well settled by this court in catena of judgments. section 63 of the indian succession act 1925 mandates that the will shall be attested by two or more witnesses. as per section 68 of the evidence act if only one attesting witness is alive the execution of the will can be proved by only one .....
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