Court : Supreme Court of India
..... clause, it is hereby declared that on and from the date of commencement of the insolvency and bankruptcy code (amendment) act, 2019, the provisions of this clause shall also apply to the corporate insolvency resolution process of a corporate debtor writ petition (c) no.421 of 2019 page 65 of 74 30 of the code relates to the payment ..... reconstruction or amalgamation with another company or unless the company has, at the commencement of the winding up, under such a contract with insurers as is mentioned in section 14 of the workmen's compensation act, 1923, rights capable of being transferred to and vested in the workmen, all amount due in respect of any compensation or liability ..... out whether there was a violation of article 14 of the constitution of india or whether the right to life under article 21 constitution of india was infringed, we must word by word examine the waterfall mechanism envisaged under the companies act, 2013, where the company is wound up in terms of grounds (a) to (e) of .....
Tag this Judgment!Court : Supreme Court of India
..... of power conferred by the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (for brevity, the sarfaesi act , hereafter). the subject property was initially mortgaged on 11th october, 1999 with the himachal pradesh financial corporation (for brevity hpfc , hereafter) by m/s. regent rubber private limited (for brevity ..... against the borrower and the guarantors for rs. 42.29 lacs. upon introduction of the recovery of debts due to banks and financial institutions act, 1993 (for brevity drt act , hereafter) and constitution of the debts recovery tribunals, the suit was transferred to the debts recovery tribunal, jaipur (for brevity drt, ..... (for brevity hplr act , hereafter). pnb moved an application before the recovery officer attached to the drt, chandigarh for stay of auction whereupon the said recovery officer considering the law laid down by this court in state bank of bikaner & jaipur vs. national iron & steel rolling corporation and ors.4 .....
Tag this Judgment!Court : Supreme Court of India
..... and grant a decree of divorce to the appellant/husband. their marriage shall stand dissolved.20. however, considering the fact that the appellant/husband is an employee in life insurance corporation, as we have been informed at the bar and his page 16 of 17 present salary is more than rs.1,00,000/ (one lakh rupees) per month ..... on the approach of a court in determining cruelty. what has to be examined here is the entire matrimonial relationship, as cruelty may not be in a violent act or acts but in a given case has to be gathered from injurious reproaches, complaints, accusations, taunts, etc. the court relied on the definition of cruelty in matrimonial relationships ..... rule in all cases of cruelty is that the entire matrimonial relationship must be considered, and that rule is of special value when the cruelty consists not of violent acts but of injurious reproaches, complaints, 6 (2007) 4 scc511page 11 of 17 accusations or taunts. in cases where no violence is averred, it is undesirable to .....
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..... ayurved doctors filed applications before the administrative tribunal. the administrative tribunal allowed the applications by an order dated 24.08.2017. the north delhi municipal corporation (employer) filed writ petitions before the high court of delhi challenging the decision of the tribunal. during the pendency of the writ petitions, the ..... entitled to the benefit. incidentally this letter stated that the recommendations of the tikku committee were extended even to doctors working under the employees state insurance scheme, vide government resolution dated 01.07.1997.9. the respondents herein who were originally appointed on adhoc basis, under the community health volunteer ..... out that a higher scale of pay was available only to those with class a registration certificate under the andhra ayurvedic and homeopathic medical practitioners registration act, 1956. therefore, the medical officer filed a writ petition seeking a direction to the andhra board of ayurveda to register her as class a .....
Tag this Judgment!Court : Supreme Court of India
..... -stamp services, which allows for the payment of stamp duties for some indian states. the indian stamp act(collection of stamp-duty through stock exchanges, clearing corporations and depositories) rules 2019 as amended through the finance act,2021 has been brought about to build a pan-india securities market and to enhance revenue. it amended ..... and others25.63. justice hrishikesh roy in paragraph-84 of his draft judgement finds that in paragraph-29 in garware (supra), this court relied on united india insurance company limited v. hyundai engineering and construction company limited26. our learned brother further notes in paragraph-84.1 that in hyundai (supra), the issue of 25 ( ..... learned amicus would point out that non- stamping did not render the agreement null and void. in law and in point of fact, an unstamped instrument bears life. he would point out that duro felguera (supra) was approved by a bench of three learned judges in mayavati trading (supra). he would attack the finding .....
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..... more than a set of internal regulations of riico and are not comparable to the 1959 rules that were enacted under the rajasthan land revenue act, 1956. this court in life insurance corporation of india v. escorts ltd. & ors.16 has emphasized the character of such companies and the conduct of their business via the aoa ..... .of 2023 @ slp (c)no.14970 of2021etc.etc. page 79 of 113 its existence not to the act of legislature but to acts of parties though, it may owe its status as a body corporate to an act of legislature.63. the importance of this difference in our context was summarized concisely in executive committee of vaish ..... 8. while the above stated leases were subsisting, the rajasthan state industrial and mineral development corporation ltd. ( rsimdc ) was incorporated for carrying out development projects across the state. the corporation was subsequently split into two entities, with riico acting as its direct successor. to regulate riico s activities in respect of the lands over which .....
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..... so strikingly disproportionate as to call for and justify interference. it cannot be allowed to remain uncorrected in judicial review. .35. in andhra pradesh industrial infrastructure corporation limited v s n raj kumar, (2018) 6 scc410 this court exposited:14. 20. in the realm of administrative law proportionality is a principle where ..... and in the criminal proceedings emanating therefrom, some police personnel are held guilty, and thereafter, a criminal case as also departmental proceedings, based on such acts of commissions or omissions, is opened against the said superintendent of police, on the premise that such incident transpired under his overall watch and control. ..... condition and is unable to sustain himself, having no means for his daily needs and medical expenses.22. learned counsel submitted that neither the bsf act nor the rules envision withholding pension, gratuity, leave encashment and other dues/benefits of any retiree, after retirement without there being a 9 specific order .....
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..... , it also opined that the administrative department may verify if acquisition of land can be made under section 15 of the orissa industrial infrastructural development corporation act, 1980. after the aforesaid opinion was received, the administrative department was of the view that the second option to go through idco was not feasible ..... properties worth hundreds of millions of rupees and criminal cases in which persons sentenced to death facing gallows under untold agony and persons sentenced to life imprisonment and kept in incarceration for long years, persons suffering from the undue delay in service matters, government or private persons awaiting the disposal ..... 33. the high courts followed this court and exercised similar jurisdiction under article 226 of the constitution. the courts expanded the meaning of right to life and liberty guaranteed under article 21 of the constitution. the rule of locus standi was diluted and the traditional meaning of "aggrieved persons" was broadened .....
Tag this Judgment!Court : Supreme Court of India
..... project means the power station and the captive coal mine(s) undertaken for design, financing, engineering, procurement, construction, operation, maintenance, repair, refurbishment, development and insurance by the seller in accordance with the terms and conditions of this agreement; (120) since the word power station has been used in word project , it ..... bijli vitran nigam ltd. & anr. v. adani power limited & ors. (2019) 5 scc325 gujarat urja vikas nigam ltd. v. essar power (2008) 4 scc755 skandia insurance co. ltd. v. kokilaben chandravan & ors. (1987) 2 scc654 dlf universal limited v. director, town and country planning department, haryana (2010) 14 scc1and sumitomo 55 ..... v. national thermal power corporation limited and others (2009) 6 scc235rendered by a bench of three learned judges with justice s. b. sinha speaking for the court had occasion to consider the impact of regulations made purporting to act under the electricity regulatory commission act, 1998. in the said judgment, it has .....
Tag this Judgment!Court : Supreme Court of India
..... of prejudice independently of proof of denial of natural justice is unnecessary; also see swadeshi cotton mills v. union of india, air1981sc818 36 olga tellis v. bombay municipal corporation (1985) 3 scc545; c b gautam v. union of india (1993) 1 scc78 sahara india (firm), lucknow v. commissioner of income tax, central-i ..... is another. such an argument is misplaced and cannot be accepted on the touchstone of constitutional values. the reports by investigative agencies impact decisions on the life, liberty, and profession of individuals and entities, and to give such reports absolute immunity from disclosure is antithetical to a transparent and accountable system. (ii ..... the interests of the affected party. the court concluded that the procedure prescribed 79 (2007) 1 scr35080 2001 act 81 section 7 of the canadian charter of rights and freedoms stipulates that the right to life, liberty, and security of a person shall not be deprived except in accordance with the principles of fundamental .....
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