Court : Supreme Court of India
Decided on : Jan-03-2024
..... insolvency set-off on interpretation and application of sections 529 and 530 of the companies act, 1956. in that context, it is observed that the english courts, on 52 career institute educational society v. om shree thakurji educational society, 2023 scc online sc586 53 (1981) 3 scc32 c.a. nos. 3088-3089 of 2020 page 36 of 41 interpretation of corresponding provisions of the english companies act, had taken a similar view. in the present matter, we are dealing with the provisions of the ibc. secondly, the corporate debtor is not an insolvent company ..... of the present decision, we need not examine the contours and conditions of order viii rule 6 cpc. 22 citibank canada v. confederation of life insurance company, 42 crb (3)(d) 288. 23 ramdhari v. premanand, 19 cal wn1183 24 maheswari metals & metal refinery, bangalore v. madras state small industries corporation, air1974mad 39. c.a. nos. 3088-3089 of 2020 page 10 of 41 arise out of the same transaction, or transactions which can be regarded ..... . c.a. nos. 3088-3089 of 2020 page 14 of 4115. the liquidation regulations have been framed in exercise of powers conferred on the board by sections 5, 33, 34, 35, 37, 38, 39, 40, 41, 43, 45, 49, 50, 51, 52, 54, 196 and 208 read with section 240 of the ibc. notwithstanding the omission in the liquidation regulations to refer to section 36(4) of the ibc, set-off on account of mutual dealings is permitted in terms of regulation 29 of the liquidation regulations. the sums due mutually .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-04-2024
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE4H DAY OF OCTOBER, 2024 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRL.RP No.210/2024 BETWEEN1. SHRI VISHAL RAMESH KHATWANI S/O RAMESH MAYARAM KHATWANI NO.3202, ANRIYA DWELLINGTON APARTMENT, LOTTEGOLLAHALLI DOLLARS COLONY BENGALURU NORTH56009 ...PETITIONER (BY SRI PRUTHVEEN P. KATTIMANI FOR SRI GIRIDHAR.H, ADVOCATES) AND1. STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE 09. RESPONDENT (BY SRI B.A.BELLIYAPPA, SPP ALONGWITH SRI VINAY MAHADEVAIAH, HCGP) THIS CRL.RP IS FILED UNDER SECTION397R/W401CR.P.C PRAYING TO EXAMINE THE SAME AND SET ASIDE THE ORDER DATED0911.2023 AND ALLOW THE2APPLICATION DATED0211.2023, CONNECTED WITH THE ORDER DATED0911.2023 MADE BY THE LEARNED VIII ADDL. CHIEF METROPOLITAN MAGISTRATE IN CR.NO.256/2023. THIS PETITION HAVING BEEN RESERVED FOR ORDER, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:- CORAM: HON'BLE MR JUSTICE V SRISHANANDA ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-03-2024
2024 INSC756REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION CIVIL APPEAL No.2948 OF2023Chief Commissioner of Central Goods and Service Tax & Ors. Appellants versus M/s Safari Retreats Private Ltd. & Ors. Respondents with WRIT PETITION (CIVIL) NOS. 804 of 2022 & 1030 of 2022 CIVIL APPEAL No.2949 OF2023WRIT PETITION (CIVIL) NOS. 1036 of 2022 & 90 of 2023 WRIT PETITION (CIVIL) No.846 of 2023 and WRIT PETITION (CIVIL) No.847 of 2023 JUDGMENT ABHAY S. OKA, J.FACTUAL ASPECTS1 The issues which broadly arise in this group of matters concern clauses (c) and (d) of sub-section (5) of Section 17 of Civil Appeal No.2948 of 2023 etc. Page 1 of 91 the Central Goods and Services Tax Act, 2017 (the CGST Act). There is a challenge to the constitutional validity of the said provision. There is a prayer for reading down the said provision.2. In Civil Appeal Nos. 2948 and 2949 of 2023, the first respondent is engaged in the construction of a shopping mall for the purpose o...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-20-2024
REPORTABLE2024INSC710IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION ARBITRATION PETITION No.19 OF2024AJAY MADHUSUDAN PATEL & ORS. PETITIONERS VERSUS JYOTRINDRA S. PATEL & ORS. RESPONDENTS JUDGMENT Arbitration Petition No.19 of 2024 Page 1 of 67 J.B. PARDIWALA, J.: For the convenience of exposition, this judgment is divided in the following parts: INDEX A. FACTUAL MATRIX .................................................................................. 3 B. SUBMISSIONS ON BEHALF OF THE PETITIONER (AMP GROUP) ............................................................................................................ 25 C. SUBMISSIONS ON BEHALF OF THE RESPONDENT (JRS GROUP) ............................................................................................................ 31 D. SUBMISSIONS ON BEHALF OF THE RESPONDENT (SRG GROUP) ............................................................................................................ 32 E. ANALYSIS .....................
Tag this Judgment!Court : Karnataka
Decided on : Sep-19-2024
- 1 - NC:2024. KHC:38623 MFA No.7089 of 2016 C/W MFA No.6824 of 2016 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19H DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA MISCELLANEOUS FIRST APPEAL No.7089 OF2016(MV-D) C/W MISCELLANEOUS FIRST APPEAL No.6824 OF2016(MV-D) IN MFA No.7089/2016 BETWEEN: THE LEGAL MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LIMITED, No.305, 3RD FLOOR, S.S.CORNER BUILDING, OPP BOWRING AND LADY CURZON HOSPITAL, SHIVAJINAGAR, BANGALORE - 560 002. NOW AT SHRIRAM GENERAL INSURANCE CO. LTD., 5/4, 3RD CROSS, S.V.ARCADE, BELAKANAHALLI MAIN ROAD, OPP: BANNERAGHATTA MAIN ROAD, II M.B.POST, BANGALORE - 560 076. BY ITS MANAGER. APPELLANT (BY SRI. O. MAHESH, ADVOCATE) AND:1. SMT. NAGAMMA, AGE51YEARS, W/O LATE NANDISHAPPA, - 2 - NC:2024. KHC:38623 MFA No.7089 of 2016 C/W MFA No.6824 of 2016 2. SRI. N. RUDRESH, AGE31YEARS, S/O LATE NANDISHAPPA, 3. SRI. MAHESH N., AGE27YEARS, S/O LATE NANDISHAPPA, R/AT BODANAHOSAHALLI VILLAGE, SAMETHAN...
Tag this Judgment!Court : Karnataka
Decided on : Sep-19-2024
- 1 - NC:2024. KHC:38623 MFA No.7089 of 2016 C/W MFA No.6824 of 2016 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE19H DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA MISCELLANEOUS FIRST APPEAL No.7089 OF2016(MV-D) C/W MISCELLANEOUS FIRST APPEAL No.6824 OF2016(MV-D) IN MFA No.7089/2016 BETWEEN: THE LEGAL MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LIMITED, No.305, 3RD FLOOR, S.S.CORNER BUILDING, OPP BOWRING AND LADY CURZON HOSPITAL, SHIVAJINAGAR, BANGALORE - 560 002. NOW AT SHRIRAM GENERAL INSURANCE CO. LTD., 5/4, 3RD CROSS, S.V.ARCADE, BELAKANAHALLI MAIN ROAD, OPP: BANNERAGHATTA MAIN ROAD, II M.B.POST, BANGALORE - 560 076. BY ITS MANAGER. APPELLANT (BY SRI. O. MAHESH, ADVOCATE) AND:1. SMT. NAGAMMA, AGE51YEARS, W/O LATE NANDISHAPPA, - 2 - NC:2024. KHC:38623 MFA No.7089 of 2016 C/W MFA No.6824 of 2016 2. SRI. N. RUDRESH, AGE31YEARS, S/O LATE NANDISHAPPA, 3. SRI. MAHESH N., AGE27YEARS, S/O LATE NANDISHAPPA, R/AT BODANAHOSAHALLI VILLAGE, SAMETHAN...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-2024
2024 INSC627REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 1970 OF2020DR. VIJAY DIXIT & ORS. APPELLANT(S) VERSUS PAGADAL KRISHNA MOHAN & ORS. RESPONDENT(S) JUDGMENT SATISH CHANDRA SHARMA, J.1. This appeal arises from an order dated 22.07.2016 in Consumer Complaint No.280 of 2015 (hereinafter the Impugned Order), wherein the National Consumer Disputes Redressal Commission (hereinafter referred to as the NCDRC) forfeited the right of the Appellant(s) to file its written statement on account of the Appellant(s) lapse in conforming to statutory period prescribed for filing its written statement, under Section 13 of the Consumer Protection Act, 1986 (the Act).2. The facts and proceedings germane to the contextual understanding of the present lis are as follows: C.A. No.1970 of 2020 Page 1 of 82.1. The Respondent(s) filed a Consumer Complaint No.280 of 2015 before the NCDRC on 12.05.2015, claiming a total amount of INR4736,25,000 (Indian Rupees Fort...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-20-2024
W.P. (C) No.706/2020 REPORTABLE2024INSC648IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.706 OF2020RAVI AGRAWAL PETITIONER VERSUS UNION OF INDIA & ANOTHER RESPONDENTS ORDER This writ petition is filed under Article 32 of the Constitution of India as a Public Interest Litigation seeking the following prayers to be granted in exercise of powers of this Court under Article 142 of the Constitution: a. Issue a writ of Mandamus under Article 32 of the Constitution of India or any other appropriate writ, order or directions under Article 142 of the Constitution of the India to the Respondents to execute/carry out the decision/directions of the Central Information Commission given on 27th June, 2019 in the Second Appeal No.CIC/LICOI/A/ 2018/611292-BJ of the Petitioner. b. Issue a writ of Mandamus under Article 32 of the Constitution of India or any other appropriate writ, order or directions under Article 142 of the Constitution of the India to the Respond...
Tag this Judgment!Court : Karnataka
Decided on : Aug-08-2024
- 1 - NC:2024. KHC:31675 MFA No.5265 of 2021 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE8H DAY OF AUGUST, 2024 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.5265 OF2021MV-I) BETWEEN: SANTHOSH K. S., S/O SHIVANNA, AGED ABOUT25YEARS, R/O BHOVI COLONY, SUBHASH NAGARA, KADUR, CHIKKAMAGALURU DISTRICT, PIN COE - 577 548 APPELLANT (BY SRI. PRAKASHA H. C.,ADVOCATE) AND:1. DILIP KUMAR H., S/O HALAPPA, AGED ABOUT30YEARS, R/O ASANDI VILLAGE, KADUR TALUK, CHIKKAMAGALURU DISTRICT. PIN CODE - 577 548.2. HALAPPA, S/O SIDDAPPA, AGED ABOUT68YEARS R/O ASANDI VILLAGE KADUR TALUK, CHIKKAMAGALURU DISTRICT, PIN CODE - 577 548.-. 2 - NC:2024. KHC:31675 MFA No.5265 of 2021 3. THE MANAGER IFFCO TOKIA GENERAL INSURANCE CO. LTD., SHASHIKIRAN BUILDING, 1ST FLOOR, SHANKAR MUTT ROAD, SHIVAMOGGA - 577 201. RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R3 (VC); V/O. DATED0808.2024, NOTICE TO R1 AND R2 DISPENSED WITH) THIS MFA IS FILED U/S1731) OF MV ACT AGAINST ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-07-2024
2024 INSC585NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. . OF2024(Arising out of SLP(C)Nos.30188-30189/2018) PREM LAL ANAND & ORS. APPELLANT (S) VERSUS NARENDRA KUMAR & ORS. RESPONDENT(S) JUDGMENT SANJAY KAROL, J.Leave Granted.2. These appeals by special leave are directed against the judgment and order dated 26th October, 2017 of the High Court of Judicature at Allahabad in First Appeal from Order No.341 of 1997 and dated 13th July, 2018 in Civil Misc. Recall Application No.360830 of 2017 in First Appeal from Order No.341 of 1997 between the self-same parties. The appeal to the High Court was filed by the 1|SLP(C)NOS.30188-89/2018 claimants (appellants herein) against Order dated 8th January, 1997 passed by M.A.C.T./XIVth Additional District Judge, Ghaziabad in Motor Accident Claim No.570 of 1994.3. The claimant-appellant No.1 along with his wife aged about 45 years were travelling by motorcycle and as they were crossing village Mehrauli...
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