Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (C) No.116 of 2019 Forum for Peoples Collective Efforts (FPCE) & Anr. Petitioners Versus The State of West Bengal & Anr. Respondents 1 JUDGMENT Dr Justice Dhananjaya Y Chandrachud A The challenge B Legislative history C RERA - the legislative process D Salient features RERA E Salient provisions of WB-HIRA F RERA and WB-HIRA provisions at variance G Submissions G.1 For the petitioners G.2 For the Union of India G.3 For the State of West Bengal H Analysis H.1 Entry 24, List II West Bengals housing industry defense H.2 The Constitutional Scheme of Article 254 and repugnancy H.3 Repugnancy RERA and WB-HIRA2H.3.1 Meaning of is in addition to and not in derogation of any other law H.3.2 Meaning of law for the time being in force H.3.3 Knitting it together H.4 Lack of Presidential Assent for WB-HIRA I Conclusion 3 PART A A The challenge 1 The constitutional validity of the West Bengal Housing Industry Regul...
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR414; 2009(111)BomLR502
B.P. Dharmadhikari, J.1. Common question involved in all these Writ Petitions is, .whether State Government can levy and demand any sum as amount of nonagricultural assessment from Petitioners WCL.... Petitioner- Company is incorporated under the Companies Act, 1956 with its Head Office at Nagpur and it is Central Government Undertaking in public sector as also the Government Company within the meaning of Section 617 of Companies Act. It is having coal mines in western part of the nation including State of Maharashtra and Madhya Pradesh. Prayers in all Writ Petitions filed by it are to declare that orders assessing non-agricultural tax and demand notices issued consequentially are illegal. There is also similar prayer in relation to Zilla Parishad cess and Gram Panchayats cess with direction to Respondents to refund the amount already recovered from it on that account.2. In W. P. 1161/2007 challenge is to assessment orders dated 3/3/2005 and 4/3/2005 and consequential demand notices da...
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR366; 2009(1)BomCR179
Khanwilkar A.M., J.1. Heard Counsel for the parties.2. Rule. Rule made returnable forthwith by consent. Counsel for the respondents waive notice for the concerned respondents. As short question is involved, petition is taken up for final disposal forthwith by consent. During the course of hearing the Counsel for the respondent No. 2 submitted that he would fully support the argument of the petitioners and would pray for transposing respondent No. 2 as petitioner.3. This writ petition under Articles 226 and 227 of the Constitution of India takes exception to the judgement and order passed by the Joint Charity Commissioner, Greater Mumbai Region, Mumbai dated 23rd July, 2008 below Exhibit-1 in Application No. 17 of 2007. The principal application being No. 17/06 has been filed by respondent No. 1 for initiating action under Section 41-D of the Bombay Public Trust Act, 1950 (hereinafter referred to as 'the Act') against the named trustees including the petitioners. The Joint Charity Commi...
Tag this Judgment!Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
Reported in : (2007)73SCL261SAT
1. This appeal filed under Section 15T of the Securities and Exchange Board of India Act, 1992 (hereinafter referred to as the Act) is directed against the order dated May 26, 2006 passed by the whole time member of the of the Securities and Exchange Board of India (hereinafter referred to as the Board) directing amongst others, the appellant not to act as a depository participant pending inquiry and passing of final orders except for acting on the instructions of existing beneficial owners. The appellant as a stock broker has also been directed not to undertake any proprietary trades in securities till the passing of the final order in the inquiry. Facts giving rise to this appeal may first be noticed.2. The issue regarding alleged manipulations in Initial Public Offerings (IPOs) of various companies had been engaging the attention of the Board for some time. It received some information regarding the alleged abuse and misuse of the IPO allotment process. As a part of its ongoing sur...
Tag this Judgment!Court : Karnataka
Reported in : 2001(5)KarLJ429
ORDERR. Gururajan, J. 1. Petitioner-the Mysore Chest Care and Pain Therapy Centre (Private) Limited, has presented this petition seeking for a direction directingKarnataka State Industrial Investment and Development Corporation (for short the 'Corporation') to forbear from proceeding with the sale of the assets of the petitioner in terms of the notification Annexure-M, dated 25-2-2000. 2. Facts of the case in brief are as under. 3. Petitioner 1 is a Company having its office at Mysore. Petitioner 2-Dr. Raj G. Pal is the Managing Director of the petitioner 1-Company. Petitioner 1 borrowed certain sums of money from the Corporation for purchase of medical laser equipment. Petitioner 2 has also borrowed certain sum in his individual capacity for purchase of certain other medical equipments. Equipments were purchased and put to use by the petitioners. Petitioner states that in spite of request to the Corporation, it did not grant any additional loan for purchase of additional equipments. F...
Tag this Judgment!Court : Allahabad
Reported in : (1996)135CTR(All)367; [1996]220ITR509(All)
M.C. Agarwal, J.1. In this petition under Article 227 of the Constitution counter and rejoinder affidavits have been exchanged and as agreed by the parties, the writ petition was finally heard and is disposed of by this order at the admission stage itself.2. The petitioner is a lessee of residential plot No, 133 in Block 'A', Sector 15A, at NOIDA, District Ghaziabad. The lessor is the New Okhla Industrial Development Authority and the area of the plot is about 465 square meters. The petitioner entered into an agreement to sell the aforesaid plot to one Devesh Behari Saxena for a consideration of Rs. 20,21,000, vide agreement to sell dated January 22,1993. In accordance with Section 269UC of the Income-tax Act, 1961 ('the Act'), a statement in Form No. 37-I was filed by the petitioner and the prospective buyer. The appropriate authority, vide order dated March 24, 1993, made an order under Section 269UD of the Act for the purchase by the Central Government of the said plot of land. It i...
Tag this Judgment!Court : Chennai
Reported in : AIR1965Mad142
(1) In the second appeal the question is whether it is necessary, for valid exercise of the power of sale under S. 69 of the Transfer of Property Act, that the first mortgagee, who invokes the power, should give notice of it to the second mortgagee and in the other appeal, C. M. A. No. 80 of 1962, the question is one of limitation. The property in question originally belonged to one Devalla Ramaiah. On his death, his estate vested in the Administrator General for administering the same on behalf of Ramiah's minor sons. On 18-2-1939, the Administrator General sold the property to the father of the respondent in the second appeal. But the purchaser on the same date executed the mortgage to secure a part of the price not paid at the time. The respondent' father was adjudged as insolvent in I. P. No. 46 of 1942 on the file of this court and in the insolvency, the Official Assignee, Madras sold the property to the insolvent's son, the respondent, on 23-5-1955. It appears that the responden...
Tag this Judgment!Court : Supreme Court of India
Reportable 2024 INSC562IN THE SUPREME COURT OF INDIA CIVIL APPELLATE / ORIGINAL JURISDICTION Civil Appeal No.2317 of 2011 The State of Punjab & Ors. Appellants Versus Davinder Singh & Ors. Respondents With C.A. No.6936 of 2015 With C.A. No.5597 of 2010 With W.P.(C) No.21 of 2023 With C.A. No.5593 of 2010 With S.L.P.(C) No.30766 of 2010 With S.L.P.(C) No.8701 of 2011 With S.L.P.(C) Nos.36500-36501 of 2011 With T.C.(C) No.38 of 2011 1 With T.P.(C) No.464 of 2015 With W.P.(C) No.1477 of 2019 With C.A. No.5586 of 2010 With C.A. No.5598 of 2010 With C.A. Nos. 5595-5596 of 2010 With C.A. No.2324 of 2011 With T.C.(C) No.37 of 2011 With C.A. No.5589 of 2010 With C.A. No.5600 of 2010 With C.A. No.5587 of 2010 With S.L.P.(C) Nos.5454-5459 of 2011 With C.A. No.2318 of 2011 With C.A. No.289 of 2014 And With W.P.(C) No.562 of 2022 2 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI A. Background ................................................................................................ 5 i. Relevant c...
Tag this Judgment!Court : Supreme Court of India
Reportable 2024 INSC554IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL JURISDICTION Civil Appeal Nos. 4056-4064 of 1999 Mineral Area Development Authority & Anr. Appellants Versus M/S Steel Authority of India & Anr Etc. Respondents With Civil Appeal No.7937 of 2019 With Writ Petition (Civil) No.512 of 2018 With Civil Appeal No.7938 of 2019 With Civil Appeal No.7936 of 2019 With Civil Appeal No.6221 of 2008 With Civil Appeal No.5250 of 2019 With Writ Petition (C) No.729 of 2019 With Writ Petition (C) No.1029 of 2019 With Special Leave Petition (C) No.16028 of 2021 With Civil Appeal No.4286 of 2023 1 With Civil Appeal No.5682 of 2007 With Civil Appeal No.1295 of 2008 With Civil Appeal No.874 of 2013 With Civil Appeal Nos. 8269-8271 of 2013 With Civil Appeal No.8268 of 2013 With Civil Appeal No.8267 of 2013 With Civil Appeal No.6135 of 2013 With Civil Appeal No.8272 of 2013 With Civil Appeal No.9458 of 2013 With Special Leave Petition (Civil) No.18600 of 2013 With Civil Appeal No.4...
Tag this Judgment!Court : Supreme Court of India
2024 INSC451REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFERRED CASE (CIVIL) NO.29 OF2021SHAJI POULOSE .. PETITIONER VERSUS INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & OTHERS .. RESPONDENTS WITH WRIT PETITION (CIVIL) NO.267 OF2021WRIT PETITION (CIVIL) NO.272 OF2021WRIT PETITION (CIVIL) NO.371 OF2021WRIT PETITION (CIVIL) NO.581 OF2021WRIT PETITION (CIVIL) NO.670 OF2021WRIT PETITION (CIVIL) NO.1084 OF2021WRIT PETITION (CIVIL) NO.1200 OF2021WRIT PETITION (CIVIL) NO.1256 OF2021WRIT PETITION (CIVIL) NO.1291 OF2021WRIT PETITION (CIVIL) NO.1295 OF2021WRIT PETITION (CIVIL) NO.1360 OF2021WRIT PETITION (CIVIL) NO.32 OF2022T.C. (Civil) No.29 of 2021 Etc. 1 WRIT PETITION (CIVIL) NO.186 OF2022WRIT PETITION (CIVIL) NO.833 OF2022TRANSFERRED CASE (CIVIL) NO.27 OF2021TRANSFERRED CASE (CIVIL) NO.28 OF2021TRANSFERRED CASE (CIVIL) NO.30 OF2021TRANSFERRED CASE (CIVIL) NO.31 OF2021TRANSFERRED CASE (CIVIL) NO.32 OF2021TRANSFERRED CASE (CIVIL) NO.33 OF2021TRANSFERRED CASE (CIVIL...
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