Court : Supreme Court of India
..... will amount to his unjust enrichment. (e) the learned senior counsel appearing for the appellant relied upon a decision of the apex court in the case of indian railway 7 construction co. ltd. v. ajay kumar2. by relying on this decision, he submitted that considering the misconduct proved against the respondent, it will be unjust ..... to refer to a decision of this court in the case of indian railway construction co. ltd. (supra). in paragraph 29 of the said decision, this court held thus: 29. here, the alleged acts have not been disbelieved by the high court. they are prima facie acts of misconduct. therefore, the employer 12 can legitimately raise a plea ..... the appellant further submitted that the appellant is not a profit making entity or a business concern. moreover, it is not even charitable or philanthropic arm of a company or a business entity. he submitted that appellant is a part of the said society dedicated to propagation of gandhian teachings and philosophy. 1 (1978) 2 scc2136 .....
Tag this Judgment!Court : Supreme Court of India
..... and seneviratne v. r. illustration (b) to section 106 has obvious reference to a very special type of case, namely to offences under sections 112 and 113 of the indian railways act for travelling or attempting to travel without a pass or ticket or with an insufficient pass, etc. now if a passenger is seen in 3 (1956) scr page 199 ..... was due to asphyxia. he submitted that admittedly the appellant and the deceased were staying together under the same roof and therefore, section 106 of the indian evidence act, 1872 (for short the evidence act ) will apply. he submitted that the burden was on the appellant-accused to explain how the death has occurred. he submitted that according to the ..... , the burden of proving that intention is upon him. (b) a is charged with travelling on a railway without a ticket. the burden of proving that he had a ticket is on him.19. under section 101 of the evidence act, whoever desires any court to give a judgment as to a liability dependent on the existence of facts, .....
Tag this Judgment!Court : Supreme Court of India
..... damepl s board of directors. we also do not find fault with the approach of the tribunal that the understanding of the term equity as per the companies act, 2013 is not relevant for the purposes of determining adjusted equity in light of the express definition of the term in the concession agreement. as has ..... government of india and the government of national capital territory of delhi, proposed implementation of the airport metro express line project in new delhi, from new delhi railway station to dwarka sector 21 via indira gandhi international airport, new delhi (hereinafter, amel ). the approximate length of the project was 22.7 kilometers. it ..... capital cost of the concessionaire s works upon project completion as certified by the statutory auditors. debt due means the aggregate of the following sums expressed in indian rupees outstanding on the transfer date: a)the principal amount of the debt provided by the senior lenders under the financing agreements for financing the total .....
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..... person. sr. police crime no.sections date settlement no.station 1 nagpurigate 344/2017 384, 452, 294, 12/10/2017 under police 506(b), 34 ipc investigation 2 nagpurigate 352/2017 384,448,294, 23/10/2017 under police 504, 506(b), 34 investigation ipc3kotwali 501/2017 384 ipc1310/2017 under police investigation ..... amravati city, by c. r. rathod , the then deputy director of education, amravati.22. the appellant had been filing applications under the right to information act, 2005, seeking information from concerned authorities, in relation to illegalities in disbursement of funds to various madrasas including al haram international english school run by joha ..... dated 20th april, 2018 from the office of the deputy commissioner of police, 7 zone 1, amravati city, under section 59 of the maharashtra police act 1951. thereafter externment proceedings were initiated against the appellant, which culminated in the impugned externment order.21. the impugned externment order refers to three crime cases .....
Tag this Judgment!Court : Supreme Court of India
..... conforms to such other requirements as may be specified by the board. explanation. for the purposes of clause (e), if any approval of shareholders is required under the companies act, 2013 (18 of 2013) or any other law for the time being in force for the implementation of actions under the resolution plan, such approval shall be deemed to ..... high court in ferro alloys corporation limited v. rajhans steel limited (supra) was rendered in the context of section 434(1)(b) of the companies act 1956, which provided that a company would be deemed to be unable to pay its debts if execution or other process issued on a decree or order of any court or tribunal ..... the company. but, as pointed out by bachawat j.in bengal silk mills v. ismail golam hossain ariff, air1962cal 115 although there was statutory compulsion to prepare the 64 annual balance-sheet, there was no compulsion to make any particular admission, and a document is not taken out of the purview of section 18 of the indian limitation act, .....
Tag this Judgment!Court : Supreme Court of India
..... any crime be considered after completion of 14 for life having committed a heinous after completion of 14 years which is defined in ipc and/or ndps years actual sentence including actual act as punishable with death sentence. undertrial period; provided that the crime such as: sentence including undertrial total period of such sentence ..... having committed a crime completion of 10 years actual sentence (b) adult life convicts who have been their cases may be considered which is defined in ipc as punishable including undertrial period; provided imprisoned for life but whose cases after completion of 10 years with life imprisonment but not with that the total ..... transferred this case, referred not to the patiala income tax act, but to the indian income tax act, and it is contended that if the patiala income tax act was in force for purposes of reassessment, action should have been taken under that act and not the indian income tax act. this argument, however, loses point, because the exercise of .....
Tag this Judgment!Court : Supreme Court of India
..... and m/s samtex desinz pvt. ltd. at new delhi on this20h day january two thousand eighteen. between (1) m/s sameer sales private limited, a company registered under the companies act, 1956 bearing cin no.u51900dl1992ptc047363, having registered office at 122, tribunal complex, ishwar nagar, mathura road, new delhi-110065, represented by its director, kamlesh rani ..... special messenger and hand and upon the addresses as may be advised from time to time by either party.10. the agreement shall be governed by indian law and the courts of delhi shall have jurisdiction to settle any dispute arising out of or in connection with this agreement. for the borrower samtexdesinzpvt ..... of 2020; (d) the amount of any liability in respect of any lease or hire purchase contract which is deemed as a finance or capital lease under the indian accounting standards or such other accounting standards as may be prescribed; (e) receivables sold or discounted other than any receivables sold on non-recourse basis; (f) .....
Tag this Judgment!Court : Supreme Court of India
..... phenomenon in legislative systems nor counter to the plenitude of powers constitutional law has in many jurisdictions conceded to such instrumentalities clothed with plenary authority. the indian legislatures and courts have never accepted any inhibition against or limitation upon enactment by incorporation, as such. (emphasis supplied) 45. the authorities discussed above ..... ltd. v. broach borough municipality, (1969) 2 scc283 lalitaben v. gordhanbhai bhaichandbhai, 1987 supp scc750 janapada sabha chhindwara v. central provinces syndicate ltd., (1970) 1 scc509 indian aluminium co. v. state of kerala, (1996) 7 scc637 23 in ujagar prints & ors. (ii) vs. union of india & ors.34, a 5 judges bench ..... had been enacted as a uniform law for the whole country with the short title: an act to amend the law for the acquisition of land for public purposes and for companies. the 1894 act was in force throughout the country. after 1950, when the constitution came into force, we adopted the principle of .....
Tag this Judgment!Court : Supreme Court of India
..... cannot be regarded as an authority for the proposition that sections 23 and 28 of the contract act are out of harm s way when it comes to enforcing a foreign award under the foreign awards act, 1961, where both parties are indian companies.31. it is interesting to note that under u.s. law, an arbitration agreement or award ..... another important pointer to the fact that, unlike the u.s. code, section 44 of the arbitration act does not enter any such caveat.33. in sasan i (supra), the dispute resolution clause contained in the contract between two indian companies was set out in paragraph 33 of the judgment as follows: 33. however, article 12 deals with the ..... court, and that when there is no foreign element involved in an award made in zurich between two indian companies, such award cannot be the subject matter of challenge or enforcement either under part i or part ii of the arbitration act. 4.7. mr. himani then relied heavily upon section 10 of the commercial courts, commercial division and .....
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..... to the extent of rs.5,03,82,554/- of m/s radha krishan industries, kala-amb. henceforth, no payment shall be allowed to be made from your company to m/s radhakrishan industries without the prior permission of this department / office. 12 second respondent/commissioner 13 drc-22 vide memo no exn-jcste/sezparwanoo/2020-21/1171 ..... era of the constitutional law as they still hold the field. (emphasis supplied) 26 following the dictum of this court in whirlpool (supra), in harbanslal 22 sahnia v indian oil corpn. ltd. , this court noted that 7. so far as the view taken by the high court that the remedy by way of recourse to arbitration clause ..... 61 sub-section (1) of section 107 makes it abundantly clear that an appeal to the appellate authority is available against a decision or order passed under the hpgst act or cgst act by an "adjudicating authority". sub-section (2) similarly provides that: (2) the commissioner may, on his own motion, or upon request from the commissioner of central .....
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