Court : Supreme Court of India
..... fee of rs. 86,650 were also paid.4. however, on 14.12.2007, the registrar of assurances issued a notice under section 47a (2) of the indian stamp act, 1899 ( the act ) intimating that the market value of the land was assessed by the registering officer at rs. 7,76,69,838 on which deficit stamp duty of rs.48,85 ..... and 80 vendors were occupying the land for hawking business during daytime and, thus, the consideration of rs.78,69,000 was the best possible price. similarly, in the company matter, the endeavour was made more than once but even the reserve price was not obtainable and, thus, the best possible price was obtained at an auction. the market ..... and administration suit ( the partition matter ) and, (ii) asl vyapar pvt. ltd. v. the registrar of assurances & ors., a writ petition being writ petition no.1295 of 2009 ( the company matter ). the facts:2. in re the partition matter: in a partition suit being extraordinary suit no.32 of 1987, ld. single judge passed an order dated 15.09.1987 .....
Tag this Judgment!Court : Supreme Court of India
..... into a contract, notwithstanding the exclusion clause, the consequence would flow out of it. we have already discussed the scope and ambit of the provisions under the indian contract act, 1872. even as per the common law principle of acquiescence and estoppel, respondent no.1 cannot be allowed to take advantage of its own wrong, if any ..... party from non-disclosure of the facts which the parties know. the insured has a duty to disclose and similarly it is the duty of the insurance company and its agents to disclose all material facts in their knowledge since the obligation of good faith applies to both equally.20.we have already quoted with ..... civil appellate jurisdiction civil appeal no.8249 of2022[arising out of slp (civil) no.25457 of 2019]. m/s texco marketing pvt. ltd. appellant versus tata aig general insurance company ltd. & ors. ... respondents judgment m. m. sundresh, j.leave granted. heard learned counsel for the parties at length. on facts1 the appellant secured a standard fire .....
Tag this Judgment!Court : Supreme Court of India
..... appellant as 1st january, 1993. (ii) the documents relied upon by the respondent are admissible in evidence and relevant under sections 21 and 35 of the indian evidence act. the evidence projected by the appellant was false and fabricated and rightly discarded by the high court. cancellation process was initiated by the appellant after the birth ..... balancing of 22 interest between the parties to the proceedings and such balancing has to be done by establishing the truth of the facts asserted. ultimately, the indian evidence act, 1872 is about the quest towards truthfulness. procedure is the handmade of justice and not its mistress i.e. procedure is not to control justice but ..... 20.06.1986 rested squarely on the election petitioner. in that regard, reliance was placed on section 101 of the evidence act. it was further observed by placing reliance on robins vs. national trust company 1927 ac515which is to the following effect: to assert that a man who is alive was born requires no proof. the .....
Tag this Judgment!Court : Supreme Court of India
..... was liable to be dismissed at the very threshold itself. if the petitioner has a genuine reason to pursue the matter, he has his remedies available under the companies act or under other provisions of the law where he can apprise the relevant authorities of the misdeeds of the directors or promotors of the ..... of manrega funds to khunti zila parishad implicating offences under sections 406, 409, 420, 423, 429, 465 and 1208 of the indian penal code and sections 11. 12(2) and 13(1)(e) of the prevention of corruption act, 1988; (ii) in writ petition (pil) no 4290 of 2021; the petitioner, shiv shankar sharma seeks a direction for an ..... the instrumentality of certain shell companies; and 6 (iii) in writ petition (pil) no 727 of 2022; the petitioner shiv shankar sharma seeks a direction for sanctioning the prosecution of the chief minister for obtaining a mining lease in his own name implicating offences under the provisions of the prevention of corruption act, 1988 and the indian penal code.5. on .....
Tag this Judgment!Court : Supreme Court of India
..... the absence or existence of any condition, in the trust deed.13. the next decision of importance is indian chamber of commerce v. cit13. the appellant-chamber was a company registered under section 25 of the indian companies act, 1913. its memorandum and articles of association stipulated certain broad objects, which this court agreed fell within ..... the expression the advancement of any object of general public utility in section 2(15) of the act. the objects were promotional and protective of indian trade interests ..... (n) to do all other lawful things as are incidental or conducive to the attainment of the above objects. 13 assessee under section 25 of the companies act, 1956 and clauses 5 and 10 of its memorandum. it must, therefore, be held that the income and property of the assessee were held under .....
Tag this Judgment!Court : Supreme Court of India
..... compels women to approach courts or seek abortions in unsafe conditions.24 a fear of prosecution under this complex labyrinth of laws, including linking of the mtp act with the ipc, acts as a major barrier to safe abortion access, by having a chilling effect on the behaviour of rmps. the chilling effect historically associated with protection of ..... 2 august 1971, the mtp bill was introduced in the lok sabha with the intent to liberalise some of the restrictions under section 312 of the ipc. 58 the mtp act was enacted by parliament as a health measure, humanitarian measure and eugenic measure. the relevant portion of the statement of objects and reasons of the mtp ..... and the circumstances which were prevalent at the time the statute was enacted.50. prior to the enactment of the mtp act, the medical termination of pregnancy was governed by the ipc. chapter xvi of the ipc contains a segment titled of the causing of miscarriage, of injuries to unborn children, of the exposure of infants, and .....
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..... of the high court of delhi, by which it dismissed the petition6 filed by the petitioner, ntpc limited7. 12 ntpc and the respondent, afcons-shetty and company private limited- jv8, entered into a contract for the construction of a desilting arrangement package for koldam hydro electric power (package-3) project . when disputes arose ..... a contract for the construction of a viaduct and related works for a length of 4.748 kms in the joka-bbd bag corridor of kolkata metro railway line to the respondent, simpex infrastructures limited13. disputes having arisen between the parties, simpex invoked arbitration by its letter dated 26 december 2017. 23 the ..... independent proceedings in themselves. (iii) judicial pronouncements 123 even before the introduction of section 23(2-a) through the arbitration amendment act 2015, counter-claims were raised by parties in arbitration proceedings. in indian oil corpn. ltd. v. amritsar gas service155, this court had to decide on the validity of an award under the .....
Tag this Judgment!Court : Supreme Court of India
..... and that presumption can be rebutted only by the person who draws the cheque. such a requirement is not there in the offences under ipc. in the case under the ni act, if a fine is imposed, it is to be adjusted to meet the legally enforceable liability. there cannot be such a requirement in ..... filing the quash petition, this court held that on the same set of allegations two different offences i.e., under ni act and ipc cannot be proceeded with and the proceedings under sections 420 and 406 of ipc is liable to be quashed. 1312. on perusal of the judgment of sangeetaben mahendrabhai patel (supra) relied in the ..... company also advances short term loans. in 10 that case it is essentially a commercial transaction. after the first two cheques were dishonoured two cheques were again issued, which again were dishonoured resulting in filing of complaint under section 138 of the negotiable instruments act. none of the respondents has been able to explain as to why offences under sections 406/420 ipc .....
Tag this Judgment!Court : Supreme Court of India
..... that the allotment including the allotment of bonus shares, was fraudulent since it was issued without any authority, and in violation of securities laws, including the companies act. when the actual issue and allotment of ncds with detachable warrants and subsequent conversion of warrants into equity shares itself was undertaken without any authority of the ..... vi. the opinion of the retd. judge and the report of the chartered accountant are clearly covered as part of litigation privilege in terms of the indian evidence act. such opinions cannot be a matter of production by a party.23. having heard the parties at length and perusing the records, the following questions ..... to look beyond the submissions of the parties in the endeavor to do what it judges to be necessary53. indian position seems to be different from england. section 126 to 129 of the evidence act do not draw any distinction between adversarial and investigative litigation as such, and privilege is applicable all through. this .....
Tag this Judgment!Court : Supreme Court of India
..... 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, inter alia, of bengal ..... 24,55,00,000/- to be paid within 31st december 2018. this offer was accepted, and terms of settlement were signed. 1228. section 25 of the indian contract act provides as follows :- 25. agreement without consideration, void, unless it is in writing and registered or is a promise to compensate for something done or is a ..... of such record) 4 details of succession certificate, or probate of a will, or letter of administration, or court decree (as may be applicable), under the indian succession act, 1925 (10 of1925 (attach a copy) 5 the latest and complete copy of the financial contract reflecting all amendments and waivers to date (attach a copy) 6 .....
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