Court : Supreme Court of India
..... , authoritative articles written by eminent authors etc. before examining the same, let us first examine the legal status of a corporate structure, its usefulness in cross- border transactions and other legal and commercial principles in use in such transactions, which are germane to our case. part - ii corporate structure / general principles (national and ..... are owned directly or indirectly by one or more individual residents of a controlling state. lob clause also finds a place in india- singapore dta. indo mauritius treaty does not restrict the benefit to companies whose shareholders are non- citizens/residents of mauritius, or where the beneficial interest is owned by non ..... short trc) issued by the mauritian authorities has to be respected and in the absence of any limitation on benefit (lob clause), the benefit of the indo- mauritian treaty is available to third parties who invest in india through mauritius route. 39. mr. salve also argued on the extra territorial applicability of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553
..... and community but equally loves his country and fellow countrymen.rejoicing over the killing of high police officials398. (3) transcripts from hotel tajtalk no. 3 (ext. no. 970)(the collaborator talking from across the border has been marked as uk and the terrorists holed up in the hotel taj are ..... shown on the tv screen. the collaborators sitting in their hideouts across the border came to know about the appellant being caught alive from indian tv: they came to know about the killing of high ranking police officers also from indian tv. at one place in the transcript, the ..... chattarji civilian indian15 shirish sawla chari civilian indian16 sushilkumar vishwambhar civilian indian sharma17 murlidhar laxman choudharyrailway indian protection force (constable)18 ambadas ramchandra pawar police indian (constable)19 jaikumar durairaj nadar civilian indian20 deepali janardhan chitekarcivilian indian21 raju janardhan chitekar civilian indian22 aditya ashok yadav civilian indian23 isibul .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2013)1SCC1
K.S. RADHAKRISHNAN, J.1. We are, in these appeals, primarily concerned with the powers of the Securities and Exchange Board of India (for short 'SEBI') under Section 55A(b) of the Companies Act, 1956 to administer various provisions relating to issue and transfer of securities to the public by listed companies or companies which intend to get their securities listed on any recognized stock exchange in India and also the question whether Optionally Fully Convertible Debentures (for short 'OFCDs') offered by the appellants should have been listed on any recognized stock exchange in India, being Public Issue under Section 73 read with Section 60B and allied provisions of the Companies Act and whether they had violated the Securities and Exchange Board of India (Disclosure and Investor Protection) Guidelines, 2000 [for short 'DIP Guidelines'] and various regulations of the Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Re...
Tag this Judgment!Court : Supreme Court of India
Swatanter Kumar, J.1. Leave granted.2. The expanding need for international arbitration and divergent schools of thought, have provided new dimensions to the arbitration jurisprudence in the international field. The present case is an ideal example of invocation of arbitral reference in multiple, multi- party agreements with intrinsically interlinked causes of action, more so, where performance of ancillary agreements is substantially dependent upon effective execution of the principal agreement. The distinguished learned counsel appearing for the parties have raised critical questions of law relatable to the facts of the present case which in the opinion of the Court are as follows :(1) What is the ambit and scope of Section 45 of the Arbitration and Conciliation Act, 1996 (for short ‘the 1996 Act’)?(2) Whether the principles enunciated in the case of Sukanya Holdings Pvt. Ltd. v. Jayesh H. Pandya [(2003) 5 SCC 531], is the correct exposition of law?(3) Whether in a case w...
Tag this Judgment!Court : Supreme Court of India
..... cjm in exercise of his power under section 202 of the code by his order dated 18.6.2004 directed the enquiry to be made by the police inspector, umra police station, into the allegations made in the complaint and submit his report within thirty days therefrom.5. the investigating officer investigated into the matter and submitted ..... under consideration before him, observed that the magistrate had dismissed the complaint filed by the complainant after taking into consideration the status report filed by the police. the magistrate had not examined the complainant and other witnesses under section 202 of the code and in the revision filed by the complainant the revisional ..... under: 13. ..cognizance is taken at the initial stage when the magistrate applies his judicial mind to the facts mentioned in a complaint or to a police report or upon information received from any other person that an offence has been committed. the issuance of process is at a subsequent stage when after considering .....
Tag this Judgment!Court : Supreme Court of India
M.Y. Eqbal, J.1. Leave granted.2. This appeal is directed against the order passed by the division bench of the High Court of Delhi in FAO No. 295 of 2008 affirming the order of the Single Judge and rejecting the petition filed by the appellant under Order 1 Rule 10 of CPC for impleadment as defendants in a suit for specific performance of contract being Suit No. 3426 of 1991 filed by plaintiff-Respondent No.1.3. Although the case has a chequered history, the brief facts of the case can be summarized as under :-4. Mrs. Lakhbir Sawhney, Respondent No. 2 and son Mr. H.S. Sawhney, the predecessor of Respondent No. 3 (a) to (d) were the owners of the property known as “Ojha House” / “Sawhney Mansion”, F-Block, Connaught Place, New Delhi. (These respondents shall be referred as “the Sawhneys” for the sake of convenience). M/s Nanak Builders and Investors Pvt. Ltd., Respondent No.1 is the plaintiff in the Suit. The plaintiff-Respondent No.1 filed a suit in...
Tag this Judgment!Court : Supreme Court of India
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.1518 of 2013 (Arising out of Special Leave Petition (Civil) No.24159 of 2009) Thomson Press (India) Ltd. ..Appellant (s) Vs. Nanak Builders & Investors P.Ltd. & Ors. ..Respondent(s) JUDGMENT M.Y. EQBAL, J.Leave granted.2. This appeal is directed against the order passed by the division bench of the High Court of Delhi in FAO No.295 of 2008 affirming the order of the Single Judge and rejecting the petition filed by the appellant under Order 1 Rule 10 of CPC for impleadment as defendants in a suit for specific performance of contract being Suit No.3426 of 1991 filed by plaintiff-Respondent No.1.3. Although the case has a chequered history, the brief facts of the case can be summarized as under :- 4. Mrs. Lakhbir Sawhney, Respondent No.2 and son Mr. H.S. Sawhney, the predecessor of Respondent No.3 (a) to (d) were the owners of the property known as Ojha House / Sawhney Mansion, F-Block, Connaught Place, New...
Tag this Judgment!Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6736 OF 200.Maharshi Mahesh Yogi Vedic Vishwavidyalaya ...Appellant - Versus - State of M.P. & Ors. ...Respondents JUDGMENT Fakkir Mohamed Ibrahim Kalifulla, J.1. This appeal is directed against the Division Bench decision of the High Court of Madhya Pradesh at Jabalpur, dated 20.03.2002, in W.P.No.1065 of 2001, in and by which, the Division Bench allowed the writ petition in part. The challenge in the writ petition was to the amendment introduced to Sections 2, 4, 9 and 17, as well as insertion of Sections 31-A, 31-B, 31- C, 37-A, 37-B to the Maharshi Mahesh Yogi Vedic Vishwavidyalaya Adhiniyam, 1995 (Act No.37 of 1995), hereinafter referred to as199. Act. The amendment was by way of Amendment Act No.5 of 2000, hereinafter called the Amendment Act.2. The Division Bench upheld the amendment to Section 4(1) of 1995 Act. The Division Bench also held that the amendment to Sections 9(2), 31-A(1) and (...
Tag this Judgment!Court : Supreme Court of India
..... the structural determinants of risks and mitigate the impact of risks. for example, mental health counseling, crisis intervention (crisis in relation to suicidal tendencies, police harassment and arrests, support following sexual and physical violence), addressing alcohol and drug abuse, and connecting to livelihood programs all need to be part of the ..... protection of law, thereby leaving them extremely vulnerable to harassment, violence and sexual assault in public spaces, at home and in jail, also by the police. sexual assault, including molestation, rape, forced anal and oral sex, gang rape and stripping is being committed with impunity and there are reliable statistics ..... fundamental rights provided by part iii of the constitution. 72. the supreme court of pakistan in dr. mohammad aslam khaki & anr. v. senior superintendent of police (operation) rawalpindi & ors. (constitution petition no.43 of 2009) decided on 22nd march, 2011, had occasion to consider the rights of eunuchs and held .....
Tag this Judgment!Court : Supreme Court of India
..... left out matching the acreage of the changed area with the acreage area of the block allocated to them. it was pointed out by cmpdil that the area between orissa border and block boundary which has been covered by m/s. jindal steel and power ltd., could not form an independent block and should have been included earlier in the area ..... that m/s. jindal steel & power limited had shifted the area of the block to cover an adjoining area containing a coal reserve of about 15 million tonne between the border of the state of orissa and block boundary which is in the state of chhattisgarh. on the other side, a portion of the block containing a reserve of about 36 .....
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