Judgment Search Results Home > Cases Phrase: karnataka panchayat raj act 1993 section 245 power to write off irrecoverable amounts Court: supreme court of india Page 5 of about 49 results (0.212 seconds)

Jeffrey J. Diermeier and anr. Vs. State of West Bengal and anr.

Court : Supreme Court of India

..... whether or not in the light of the allegations as projected in the complaint against the appellants, it was a fit case where the high court in exercise of its jurisdiction under section 482 of the code should have quashed the complaint against the appellants?16.before addressing the contentions advanced on behalf of the parties, it will be useful to notice the scope and ambit of inherent ..... "20.bearing in mind the afore-stated legal position in regard to the scope and width of the power of the high court under section 482 of the code, we shall now advert to the facts at hand.21.as noted above, the gravamen of the allegations made against the appellants in the complaint under section 500 of the ipc is that when on 30th january 2007, respondent no.2 through its sponsored university at ..... in support of the contention, learned counsel referred to certain provisions of the act showing that it is respondent no.2 who appoints the chancellor of the university and in turn the chancellor appoints the vice-chancellor; under section 20 of the act, the board of governors consists of chancellor, vice-chancellor and three other persons nominated by respondent no.2; under section 21 of the act, the board of management consists of 9 persons of whom as many as ..... karnataka ..... the institute of chartered financial analysts of india, icfa and icfai or any other name or mark which may be identical or deceptively similar to these marks and passing off cfa institute programs or business as that of cfa institute. .....

The Printers (Mysore) Ltd. Vs. M.A. Rasheed and ors.

Court : Supreme Court of India

Reported in : JT2004(4)SC158; (2004)3MLJ132(SC); 2004(4)SCALE192; (2004)4SCC460; 2004(2)LC1300(SC)

..... or(ii) to the central government, or(iii) to any corporation, body or organisation owned or controlled by the central government or the state government; or(iv) to any housing cooperative society registered under the karnataka cooperative societies act, 1959 (karnataka act 11 of 1959); or(v) to any society registered under the karnataka societies registration act, 1960 (karnataka act 7 of 1960); or(vi) to a trust created wholly for charitable, educational or religious purpose; provided that prior approval of the government shall be obtained for allotment of land to any category listed ..... be granted only subject to such restrictions and conditions, as may be prescribed and in that context it was held:'...on a proper interpretation of the section it only means that the exemption under the licence is conditional upon the observance of the conditions prescribed and upon the restrictions which are imposed by and under the act whether in the rules or in the licence itself; that is, a licensee is exempt from assessment as long as he conforms to the conditions of ..... shanti bhushan would urge that section 38 of the act confers an unrestricted power to lease, sell or transfer movable or immovable property for the purpose of any development scheme.8. ..... the writ petition was, thus, on legality of the acquisition of the land or amount of compensation payable therefore.16. ..... on the said amount having been deposited by the appellant, a deed of sale was executed in its favour by the authority on or .....

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... arrested by the officer authorised under section 19 of this act on the basis of material in his possession and having reason to believe and recorded in writing of being guilty of an offence punishable under this act, but after the inquiry done by him in exercise of powers under chapters v and viii of the 2002 act, he forms an opinion that ..... section 19 of the uttar pradesh gangsters and anti-social activities (prevention) act, 1986; section 21 of the maharashtra control of organised crime act, 1999; section 22 of the karnataka control of organized crime act, 2000; section 21 of the telangana control of organized crime act, 2001 (renamed from andhra pradesh coca, 2001); section 18 of the sikkim anti-drugs act, 2006; section 20 of the gujrat control of terrorism and organised crime act, 2015; section 19 of the mizoram drug (controlled substances) act, 2016; and section 18 of the haryana control of organised crime act ..... the constitution delineated delicate balance in the exercise of the sovereign power by the legislature, executive and judiciary; (3) in a democracy governed by rule of law, the legislature exercises the power under articles 245 and 246 and other companion articles read with the entries ..... irregularities, or if there are they do not amount to the commission of any offence; in such cases ..... assessment order was validated by the amending act of 1969 and the order passed in the contempt proceeding will not have the effect of the writing off the debt which is statutorily owed ..... 1993 .....

Indore Development Authority Vs. Shailendra (Dead) Through Its Lrs. An ...

Court : Supreme Court of India

..... suit, such as the high court of punjab and haryana in maharana partap charitable trust (supra) wherein it held that the principle of actus curiae neminemgravabit has no application to the provisions of section 24(2) of the 2013 act and as per the law laid down by the supreme court in shiv raj, pune municipal corporation and sree balaji nagar residential association, the period of stay granted by the courts is not to be excluded for determining the period of 5 years ..... . the aforesaid legal exposition also makes it incumbent upon court not to confer benefit upon an unscrupulous litigant, not to confer undeserved gain, administration of land does not control performance of act which is not possible, attempt to abuse legal provisions must be thwarted, prolonging of litigation by money power, dilatory tactics or otherwise not to confer benefit, person with merits in the case cannot succeed, perpetuation of illegality cannot be provided shelter by court to unjust enrichment to be saved, ..... state of karnataka, (2012) 9 scc650 consequence of not depositing the amount under section31of the1894act :70. ..... behalf of the state, it was asserted that the possession of surplus land was taken on 20.07.1993 and the panchanama was executed showing that the possession has been taken. ..... . the rival pleas regarding re-writing of statute and casus omissus need ..... deposit is only in certain exigencies with a view to wiping off the liability of making payment of interest as provided in section 34. 41(a). ..... .....

Nabam Rebia and Etc. Etc. Vs. Deputy Speaker and Ors.

Court : Supreme Court of India

..... deputy speaker a member holding office as speaker or deputy speaker of an assembly - (a) shall vacate his office if he ceases to be a member of the assembly; (b) may at any time by writing under his hand addressed, if such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker, resign his office; and (c) may be removed ..... section (4) to section 9 of the government of india act, 1935 in the following words: i beg to move, in page 7, line 12, at the end, to add: (4) (i) in this act the expression 'in his discretion' when applied to any act of the governor-general or any exercise of his functions or powers means that such act may be done and such functions and powers ..... existing arrangements between the union and states as per the constitution of india in regard to powers, functions and responsibilities in all spheres including legislative relations, administrative relations, role of governors, emergency provisions, financial relations, economic and social planning, panchayati raj institutions, sharing of resources, including inter-state river water and recommend such changes as ..... workers of your constituency and the block/district congress committee that you are indulging in various activities which amounts to breach of discipline of the party under claus 4(a), (b) and (c) of the constitution of indian national ..... karnataka ..... off ..... constitution, read with rule 245 of the conduct of ..... seventy-third amendment) act, 1992, with effect from 24.4.1993. .....

Forum For Peoples Collective Efforts (fpce) Vs. The State Of West Beng ...

Court : Supreme Court of India

..... act, 1963 karnataka ownership flat (regulation of the 29.06.1973 promotion of construction, sale, management and transfer) act, 1972 gujarat ownership flats act, 1973 28.06.1973 andhra pradesh apartments (promotion of 15.05.1987 construction and ownership) act, 1987 west bengal (regulation of promotion of 09.03.1994 construction and transfer by promoters) act, 1993 punjab apartment and property regulation 02.08.1995 act ..... by the competent authority under the local laws; 49 the expression local authority is defined in section 2(zc) as follows: (zc) "local authority" means the municipal corporation or municipality or panchayats or any other local body constituted under any law for the time being in force for ..... powers and in performance of its functions under to issue directions issue directions to this act, be bound by such directions on questions to authority and authority and of policy, as the appropriate government may give obtain reports and obtain reports and in writing to it from time to time: returns returns provided that the authority shall, as far as practicable, be given an opportunity to express its 83 part e section and title provision section ..... by such chartered accountant and it shall be verified during the audit that the amounts collected for a particular project have been utilised for the project and the withdrawal has been in compliance with the ..... enacting rera in exercise of its legislative powers under articles 245 and 246 of the constitution, parliament has .....

T.Nadu Termd.Full Time Tem.Lic Emp.Assn. Vs. Life Insurance Corp. of I ...

Court : Supreme Court of India

..... the present dispute that arose between the concerned workmen and the corporation was referred to the cgit by the ministry of labour, central government, in exercise of its statutory power under section 10(1)(d) read with section 2a of the act vide order no.l-17011/107/90-ir-b(ii) dated 04.03.1991 on the basis of the report of the conciliation officer for its adjudication on the following question :- "whether the action of the management of ..... wherein it is stated that an employee or a workman and trade union shall not commit any unfair labour practice in relation to the matter as enumerated in the v schedule referred to supra and further section 25u of the act contemplates that any person either employer or trade unions of employers who commits unfair labour practice as enumerated in the v schedule shall be punished with imprisonment for a term which may extend to six ..... practice as defined under section 2(ra) of the act which is statutorily prohibited under section 25t of the act and the said action of the corporation amounts to penalty under section 25u of the act. ..... petitions, the high court dismissed the same which decision is reported in 1993 (1) llj1030 being aggrieved by the said judgment, slp (c) nos. ..... that the reliance placed on paragraph 53 of the secretary, state of karnataka v. ..... 245: (65 l.j.p.c.19) arise in this case, these questions being: (1) how can the propriety of the tribunal's decision be tested on appeal, and (2) what are the canons by which the appellate court .....

Jaypee Kensington Boulevard Apartments Welfare Association Vs. Nbcc (i ...

Court : Supreme Court of India

..... contravention of the provisions of any law for the time being in force; or there has been material irregularity in exercise of the powers by the resolution professional during the corporate insolvency resolution period; or the debts owed to the operational creditors have not been provided ..... interest of value maximization; (b) to amend sub-section (4) of section 7 of the code to provide that if an application has not been admitted or rejected within fourteen days by the adjudicating authority, it shall provide the reasons in writing for the same; (c) to amend sub-section (3) of section 12 of the code to mandate that ..... section 408 of the companies act, 2013 (18 of 2013); section 5(7): financial creditor means any person to whom a financial debt is owed and includes a person to whom such debt has been legally assigned or transferred to; section 5(8): financial debt means a debt alongwith interest, if any, which is disbursed against the consideration for the time value of money and includes- (a) money borrowed against the payment of interest; (b) any ..... the arguments on this point have gone off on a tangent, as could be noticed from the submissions made by an association of homebuyers of jal, who has directly approached this court against the order of nclt, that inr160crores be designated out of the said amount of inr750crores for completing the houses ..... financial institutions act, 1993 and winding-up proceedings under the companies act, ..... karnataka ..... 245 creditor is entitled to receive the .....

Lalit Kumar Jain Vs. Union Of India

Court : Supreme Court of India

..... . in this part, unless the context otherwise requires (1) "adjudicating authority", for the purposes of this part, means na- tional company law tribunal constituted under section 408 of the companies act, 2013 (18 of 2013); *** (5) "corporate applicant" means-- (a) corporate debtor; or (b) a member or partner of the corporate debtor who is authorised to make an application for the corporate insolvency resolution process under the constitutional document of the corporate ..... . the high court of calcutta upheld his contention and held that section 9 of the act was ultra vires the powers of the indian legislature as it was a delegate of the imperial parliament and as such ..... ensure recovery of public debt, (through the recovery of debts due to banks or financial institutions act, 1993, hereafter rdbfi act ) securitization (by the securitization and reconstruction and enforcement of security interests act, 2002 hereafter sarfesi ) deal with certain facets of corporate insolvency. ..... karnataka disagreed and held that the decree holders cannot be directed to amend their claims in each of the execution petitions to only half the decretal amount ..... supreme court of india civil original jurisdiction transferred case (civil) no.245/2020 lalit kumar jain .petitioner(s) versus union of india & ..... khargram panchayat samiti ..... the debt is paid off to the creditor in entirety, the guarantor is not absolved of its joint and several liability to make payment of the amounts outstanding in favour of ..... raj .....

State of Arunachal Pradesh Vs. Khudiram Chakma

Court : Supreme Court of India

Reported in : AIR1994SC1461; JT1993(3)SC546; 1993(2)SCALE682; 1994Supp(1)SCC615; [1993]3SCR401

..... (31 of 1946) and the foreigners (tribunals) order 1964 by a tribunal constituted under the said order; (c) 'specified territory' means the territories included in bangladesh immediately before the commencement of the citizenship (amendment) act, 1985; '(d) a person shall be deemed to be of indian origin, if he, or either of his parents, or any of his grandparents was born in undivided india; (e) a person shall be deemed to have been detected to be foreigner on the date on which a ..... of foreigners in a country, or compensation for property which may be expropriated or nationalised, non-discrimination as between persons of different nationality or against foreigners as compared with persons of local nationality, amounts to a rule of international law, the breach of which gives rise to a valid claim on the part of the foreign government whose national is involved.82. ..... in exercise of power conferred under section 3 of the said act foreigners order of 1948 dated ..... alleged on behalf of the appellant that in 1975, a village panchayat of joypur village was formed after election of the members. ..... state of karnataka : [1991]1scr974 , a case arising karnataka slum areas (improvement and clearance) act, 1973, held that before eviction a slum dweller does have a ..... for resettlement of these chakmas dated 27.4.83 inter alia states:survey had been done in moitripur and gautampur areas where they have found 110 acres and 245 acres respectively which are liable for settlement of chakma settlers.72. .....