Court : Supreme Court of India
..... , and no other meaning can be assigned to the expression than is put down in definition . (see : gough v. gough [(1891) 2 qb665:60. lj qb726 ; punjab land development and reclamation corpn. ltd. v. presiding officer, labour court [(1990) 3 scc682 717 :1991. scc (l&s) 71]. .) the word includes when used, enlarges the meaning of the ..... consequences so far as the taxation statutes are concerned. article 265 of the constitution of india, 1950 prohibits the state from extracting tax from the citizens without the authority of law. the tax statutes civil appeal no.7874 of 2024, etc. page 12 of 23 have to be interpreted strictly which means that the legislature mandates ..... the turnover of purchases, as stated above, the purchase price would be restrictive within the domain of section 2(18). section 11 of the gujarat value added tax act deals with the tax credit. the relevant portion thereof reads as follows:11. (1)(a) a registered dealer who has purchased the taxable goods (hereinafter referred to .....
Tag this Judgment!Court : Supreme Court of India
..... proportional equality which requires the state, in framing legislation, to take into account the private inequalities of wealth, of education and other circumstances. [ see developments equal protection , 82 harv lr1165 68. the idea of compensatory state action to make people who are really unequal in their wealth, education or ..... merit alone counts. the learned judge also proceeded to give a non- exhaustive list of such positions. the list included technical posts in research and development organizations/departments/institutions; specialties and super-specialties in medicine, engineering and other such courses in physical sciences and mathematics; defense services; posts of professors; airline ..... tribes recognized as scheduled castes/scheduled tribes cannot be altered or varied by any state or any authority including the court. it is parliament alone which has been vested with the powers to so act, that too, by law made, as well settled by catena of decisions discussed hereinabove.45. .....
Tag this Judgment!Court : Supreme Court of India
..... appeals, who claim themselves to be the micro, small and medium enterprises (msmes) registered under the micro, small and medium enterprises development act, 2006 (hereinafter referred to as the msmed act ), have challenged the impugned common order dated 11.01.2024 passed by the high court of judicature at bombay in writ petition (l ..... and the subsequent instructions/directions issued by the central government and the reserve bank of india are for the purpose of facilitating the promotion and development and enhancing the competitiveness of 4 msmes and therefore it was mandatory on the part of the respondents to follow the same. non-observance of ..... the micro, small or medium enterprise to voluntarily initiate the proceedings under the said framework, by filing an application along with the affidavit of an authorized person. therefore, the stage of identification of incipient stress in the loan account of msmes and categorization under the special mention account category, before the .....
Tag this Judgment!Court : Supreme Court of India
..... be unsatisfactory, they were removed from the service. on approaching the tribunal and receiving favorable orders, their appeals against such dismissal were heard and acted upon by the authority, with the dismissal being confirmed. before the high court, it was averred that the respondent- employees were not given an opportunity to prove ..... must be of a fact with knowledge that it was false. ..the colour of fraud in public law or administrative law, as it is developing, is assuming different shades. it arises from a deception committed by disclosure of incorrect facts knowingly and deliberately to invoke exercise of power and procure ..... the present appeals, is necessary. 2.1 respondent-employees were appointed on compassionate ground with the engineering department, howrah division, eastern railway. the disciplinary authority placed the respondents under suspension due to contemplation/pendency of departmental enquiry3. 2.2 on issuing show cause notice4, information was sought as to why their .....
Tag this Judgment!Court : Supreme Court of India
..... parameters of the authority delegated to it ..... flow from the express authority of law. in ahmedabad urban development authority v. sharadkumar jayantikumar pasawalla45 this court observed: 7. [ ]. in our view, such power of imposition of tax and/or fee by delegated authority must be very specific and there is no scope for implied authority for imposition of such tax or fee. it appears to us that the delegated authority must act strictly within the .....
Tag this Judgment!Court : Supreme Court of India
..... showing cause why the order should not be passed. (emphasis supplied) 7. section 13(2) of the act specifically empowers the competent authority to re-determine the agreement if it is satisfied that the re-development has not been done within the time specified. the provision is certainly a statutory incorporation of time integrity in ..... time prescribed.8. in susme builders pvt. ltd. v. ceo, slum rehabilitation authority & ors.5, this court held that section 13(2) of the act empowers the statutory authorities to take action and hand over the project to some other agency if the development is being delayed. the relevant portions of the judgment are as under:- 49. ..... and validity of the power exercised by the agrc in terminating the development agreement with the appellant by its order dated 04.08.2021. this order is in exercise of power under section 13 of the act which is as under: 13. power of competent authority to redevelop clearance area: (1) notwithstanding anything contained in sub- .....
Tag this Judgment!Court : Supreme Court of India
..... - regulation (1) or those who are not exempted under regulation 2, shall within one month of the commencement of these regulations, inform the appointing authority or such authority as the general manager may in this behalf appoint whether or not they want to be governed by these regulations. (ii) if they opt or ..... pradesh, lucknow. 21 (2) finance (expenditure-7) section by order, (bhagwan swaroop saxena) dy. secretary26. in exercise of power under section 45 (2)(c) of the act, 1950, the state government framed the road transport corporation employees (other than officers) service regulations, 198112. regulations 4 and 39 of the regulations, 1981 being relevant are reproduced ..... to whom the revised service rules are being made applicable shall be entitled to the provident fund benefits according to the provisions of the employees provident fund act. for this necessary orders have already been issued separately in g.o. no.1488-d/xxx219859 dated july, 29, 1960. immediate step may please .....
Tag this Judgment!Court : Supreme Court of India
..... of a cess on mineral rights levied under section 35 of the uttar pradesh special area development authorities act, 1986 read with rule 3 of shakti nagar special area development authority (cess on mineral rights) rules, 1997 ( the sada act and the sada cess rules , respectively), the challenge was to the imposition of cess on ..... appeal no.3869 of 2014. 7 section 89, bihar coal mining area development authority act 1986. [it reads: levy of tax on use of land for other than agricultural and residential purposes (1) the authority shall subject to the provisions of this act and rules framed thereunder levy tax, by notification published in the official ..... petitioners initially filed writ petitions before the high court of judicature at patna challenging the validity of the bihar coal mining area development authority (amendment) act 1992 and the bihar mineral area development authority (land use tax) rules 1994, which levied tax7 on land being used for mining. relying on india cement (supra), .....
Tag this Judgment!Court : Supreme Court of India
..... court reiterated the scope of judicial review with policy decisions of the executive. arbitrariness, irrationality, perversity and mala fide will render the policy unconstitutional. relying on delhi development authority v. joint action committee, allottee of sfs flats (2-judge bench)12, this court explained that a policy decisions can be subject to judicial review (a ..... case adverse impact is shown on environment or human health; it is made subject to other statutory clearances including the clearance from food safety and standards authority of india, seeds act. additionally, it imposes certain 50 | w.p. (c) 115 of 2004 & ors. obligations on the applicant including obligation to inform regulatory bodies ..... 2004 etc. page 11 of 260 rules , for the sake of convenience), which have been framed under sections 6, 8 and 25 of the environment (protection) act, 1986 ( ep act, 1986 , for short) in consonance with articles 14, 19, 21, 38, 47, 48, 48a read with article 51-a(g) of the constitution and .....
Tag this Judgment!Court : Supreme Court of India
..... ) 1. the appellant had, after respondent 4's management was taken over by u.p. state textile corporation ltd. (respondent3) under the industries (development and regulation) act, advanced some money to the said respondent 4. in respect of the advance so made, respondents 1, 2 and 3 executed deeds of guarantee undertaking ..... securities including shares held in any subsidiary of the corporate debtor, financial instruments, insurance policies; (vi) assets subject to the determination of ownership by a court or authority; (g) to perform such other duties as may be specified by the board. explanation. for the purposes of this, the term assets shall not include the ..... section 7 of the insolvency and bankruptcy code, 2016 (for short, the ibc ) was filed concerning acil as the guarantee was not honoured. the adjudicating authority vide order dated 26th october 2017 admitted the said application. thus, the corporate insolvency resolution process (for short, cirp ) of acil commenced. the 1st respondent .....
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