Court : Supreme Court of India
..... explanation 2. for the purposes of this clause, it is hereby declared that on and from the date of com mencement of the insolvency and bankruptcy code (amendment) act, 2019, the provisions of this clause shall also apply to the corporate in solvency resolution process of a cor porate debtor 127 (i) where a resolution plan ..... by the board: provided that the committee of creditors shall not approve a resolution plan, submit ted before the commencement of the insol vency and bankruptcy code (amendment) ordinance, 2017, where the resolution appli cant is ineligible under section 29 a and may require the resolution professional to in vite a fresh resolution plan ..... 2018) shall apply to the resolution applicant who has not submit ted resolution plan as on the date of com mencement of the insolvency and bank ruptcy code (amendment) ordinance, 2018. (5) the resolution applicant may attend the meeting of the committee of creditors in which the resolution plan of the applicant is considered: provided .....
Tag this Judgment!Court : Karnataka
..... set aside. the state government has not followed the procedure as required under articles 245 and 246 of constitution of 18 india. unless there is an amendment to section 36 of cr.p.c., the state government cannot exercise the power under section 36 of cr.p.c. for referring the investigation to ..... the ccb police. the learned senior counsel also brought to the notice that the same procedure was followed in delhi police establishment act, national investigation agency act, ndps act, lokayuktha act and contended that, in this case, there is no statutory power for the government to issue such a notification. hence, prayed for quashing ..... reported in 2022 scc online 1092, the hon'ble supreme court while dealing with the case challenged under the provisions of maharashtra control of organized crimes act (moca act), considered the challenging the investigation by the police under the special enactment. at paragraph 67 of the judgment, the hon'ble supreme court has held .....
Tag this Judgment!Court : Karnataka
..... set aside. the state government has not followed the procedure as required under articles 245 and 246 of constitution of 18 india. unless there is an amendment to section 36 of cr.p.c., the state government cannot exercise the power under section 36 of cr.p.c. for referring the investigation to ..... the ccb police. the learned senior counsel also brought to the notice that the same procedure was followed in delhi police establishment act, national investigation agency act, ndps act, lokayuktha act and contended that, in this case, there is no statutory power for the government to issue such a notification. hence, prayed for quashing ..... reported in 2022 scc online 1092, the hon'ble supreme court while dealing with the case challenged under the provisions of maharashtra control of organized crimes act (moca act), considered the challenging the investigation by the police under the special enactment. at paragraph 67 of the judgment, the hon'ble supreme court has held .....
Tag this Judgment!Court : Singapore Supreme Court
..... university of singapore act (amendment of university constitution) (no 2) order 2004 (s 470/2000). 196. the history of ..... day to day operations of nus. the university constitution was annexed to the 1980 act as schedule 1. if nus wanted to change its constitution, it would have to obtain an order of amendment from the minister as it did in 2000 with the national university of singapore act (amendment of university constitution) order 2000 (s 356/2000) and in 2004 with the national .....
Tag this Judgment!Court : Delhi
..... is present in india and has some business connection, there is a presumption of taxability, unless the assessee proves otherwise. explanation 2 to section 195 (1) of the act, which was amended by finance act, 2012 with retrospective effect from 1st april, 1962, does not contradict the dtaa. ita no.180/2014 page 16 of 83 21. mr. singh relies upon aggarwal chamber ..... any payer to any resident payee any payer to a non-resident payee 40(a)(i)(a) n.a. 40(a)(i)(a) 40(a)(i)(b) position as amended by finance act, 2004 (applicable to the present case for ay200607): payable outside india payable in india any payer to any resident payee any payer to a non-resident payee 40(a ..... india payable in india any payer to any resident payee any payer to a non-resident payee 40(a)(i) n.a. 40(a)(i) n.a. position as amended by finance act, 1988 (applicable in cit v. herbalife, [2016]. 384 itr276(del) which dealt with ay200102): payable outside india payable in india any payer to any resident payee any payer to .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... of rights and obligations of the trading licensee to purchaser of power under the ppa. at the time of signing the amendment to ppa, the purchaser had been identified (2) the conduct of the appellant generating company in that matter in participating in the psa approval proceedings and in ..... , on the basis of the two important factors which weighed this tribunal in rendering such a finding. 89. these two factors were (1) the ppa was amended subsequent to state commissions in principle approval for purchase of power of generating companys power station from the trading licensee to introduce a clause relating to assigning ..... sell the entire saleable power from the project to a third party namely a distribution company etc, with ptc acting as a conduit or intermediary trading licensee and not that the power purchase by ptc as a merchant trader. the appellant had empowered ptc to sell to such purchaser of power giving the tariff terms and agreeing .....
Tag this Judgment!Court : Karnataka
..... the description of the equipment and financed items in a schedule differs from the description in the related acceptance certificate, then the appellant has the liberty to amend the schedule so that the description of the equipments and the financed items in the schedule and the acceptance certificate are consistent. thus, it is acceptance ..... above clearly confirms the fact that the sale has wider connotation and meaning which includes even the leasing transactions. this has come into effect subsequent to the amendment of the article 366 (29-a) of the constitution of india. this fact is not being disputed either by the appellant or the respondent. the respondent ..... transactions effected by the appellant is in the course of import falling u/s.5(2) of the cst act. the assessing authority has taken the stand after due analysis of mla, po, bill of entry, shipping authorization letter, lease schedule, acceptance certificate and the invoice raised by the foreign vendor and the invoice by the .....
Tag this Judgment!Court : Kerala
..... considering as to whether the madras port trust is now a major port trust governed by the provisions of the major port trusts act, 1963 providing services of landing, shipping or trans- shipping, receiving, shifting, transporting, storing or delivery of goods brought into the premises of the port trust and while in the course ..... ambit of purchase and sales for the purposes of levy of sales tax. to this extent only is the principle enunciated in gannon dunkerley ltd (sic modified). the amendment especially allows specific composite contracts viz. works contracts [(sub-clause (b)]; hire-purchase contracts [sub-clause (c)], catering contracts [sub- clause (e)] by legal ..... decision in northern india caterers" case referred to above is also not comparable and is no longer relevant after the 42nd amendment to the constitution of india and the consequent amendment to the sales tax act. 6. the petitioners are also liable to take drug licence under the drugs control order for storing and selling drugs .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... operation of the pool account cannot be a notional one as per the psa . consequently, in accordance with para 1.1.3 of schedule e of the ppa as amended vide amendment no.1 dated 19.10.2005 which is part of annexure-1 to power sale agreement (psa). the commission approves levelised capitalization tariff of rs.2.32kwh at generator ..... of power being for the consumers in the state is the appropriate commission for the purposes of matters raised in the present case. 33. the second document is the amendment agreement dated 18.9.2006 . this shows that after grant of in principle approval by the state commission and approval of government of haryana for the purchase of power ..... find out from various clauses of the ppa and psa as to whether it would show that ptc(r-3) was acting merely as a conduit between the appellant generating company and the distribution licensee (r-2) or as a merchant. the various clauses of the ppa are as follows: clause 4.3.1 of the ppa ........the risk and title .....
Tag this Judgment!Court : Chennai
..... the view that local breaches of public order were no grounds for restricting the freedom of speech guaranteed by the constitution. this led to the constitution (first amendment) act, 1951 and consequently, this court in ram manohar lohia v. state of bihar [air 1966 (crl.law jrl) 608] stated that an activity which ..... invoke writ jurisdiction. as a result, clause (1-a) was inserted in article 226 by the constitution (fifteenth) amendment act, 1963 and subsequently renumbered as clause (2) by the constitution (forty-second) amendment act, 1976. the amended clause (2) now reads as under: 226. power of high courts to issue certain writs.--(1) notwithstanding anything in ..... medical treatment. finally, the respondent permanently declared the appellant unfit for sea service due to dilated cardiomyopathy (heart muscle disease). as a result, the shipping department of the government of india issued an order on 12-4-2011 cancelling the registration of the appellant as a seaman. a copy of the letter .....
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