Court : Supreme Court of India
..... the object of the amendment act is to prevent the use of the code for an extraneous purpose and not to shield and protect an errant real estate developer. ..... of an apartment to more than one person, is it to be taken as only one allottee or as many allottees as there are joint allottees, it would appear to us, on a proper understanding of the definition of the word allottee in section 2(d) and the object, for which 175 the requirement of hundred allottees or one-tenth has been put, and also, not being oblivious to section 399(2) of the companies act, 1956, as also the explanation in section 244(1) of the companies act, 2013, in the case of a joint allotment of an apartment, plot or a building to more than one person ..... unravelling the working of the code as regards corporate debtor55 the code was passed by parliament in the year 2016 however, under section 1(3) provisions were to come into force on such day as the central government was to appoint. ..... the preamble to the code lays down the objects of the code to include the insolvency resolution in a time bound manner for maximisation of value of assets in order to balance the interests of all the stakeholders. ..... under the marginal note disqualifications, section 14, inter alia, disentitled a person from continuing as a panchayat member if he was elected a councillor of the zila parishad. .....
Tag this Judgment!Court : Supreme Court of India
..... the amend ment was necessarily intended to have retrospective effect and if the court can unhesitatingly conclude in favour of retrospectivity, the court would not hesitate in giving the act that operation unless prevented ..... is not part of the resolution plan; (ii) 2019 amendment to section 31 of the i&b code is clarificatory and declaratory in nature and therefore will be effective from the date on which i&b code has come into effect; (iii) consequently all the dues including the statutory dues owed to the central government, any state government or any local authority, if not part of the resolution plan, shall stand ..... the preamble to the code lays down the objects of the code to include the insolvency resolution in a time bound manner for maximisation of value of assets in order to balance the interests of all the ..... the disqualification ceased to operate and he became qualified once again to contest the election and hold the office of member of a municipality on the ..... the present case, the appellant challenges the judgment and order passed by the division bench of the jharkhand high court dated 1.5.2020 vide which the 135 petitions filed by the appellant, challenging the action of the respondent authorities thereby, seeking to recover the jharkhand value added tax (jvat) for the period between 2011 2012 and 2012 2013 ..... the usual reason for passing a declaratory act is to set aside what parliament deems to have been a judicial error, whether in the statement of the common law or in the .....
Tag this Judgment!Court : Supreme Court of India
..... committee following which recommendations, the criminal law amendment act, 2013 has been enacted by the legislature fundamentally altering the jurisprudential norms so far ..... the state party review its laws in the administration of juvenile justice to ensure that they are in accordance with the convention, especially articles 37, 40 and 39, and other relevant international standards such as the united nations standard minimum rules for the administration of juvenile justice (the beijing rules), the united nations guidelines for the prevention of juvenile delinquency (the riyadh guidelines), the united nations rules for the protection of juveniles deprived of their liberty and the vienna guidelines for action on children in the ..... processes jj system: no disqualification attaches to a juvenile ..... parliament cannot make a law to oust the judicial function of the courts or even judicial discretion in a matter which falls within the jurisdiction of the ..... section 28 of the act be read together with section 15 to enable the alternatively higher punishment under other state/central enactments, such as the ipc to be ..... the preamble also declares that canadian society should have a youth criminal justice system that commands respect, takes into account the interests of victims, fosters responsibility and ensures accountability through meaningful consequences and effective rehabilitation and reintegration, and that reserves its most serious intervention for the most serious crimes and reduces the .....
Tag this Judgment!Court : Supreme Court of India
..... programme of the state government; (b) monitor the working of the safeguards provided in the constitution and in laws enacted by parliament or the state legislature; (c) make recommendations for the effective enforcement and implementation of safeguards for the protection of the interests of minorities provided by the central government or the state government; (d) look into specific complaints regarding deprivation of social, economic, educational, cultural and linguistic rights and safeguards of the minorities and take up such matters with the-appropriate authorities; (e) recommend to the state government to accord minority status to religious, linguistic and ..... the aforementioned writ petition no.20650(w) of 2013 was filed by the managing committee of contai rahmania high madrasah challenging validity of sections 8, 10, 11 and 12 of the commission act submitting, inter alia, that by virtue of the provisions of the commission act, the process of appointment of teachers in an aided madrasah, which was recognised as a minority institution, was taken over and entrusted to the commission appointed under section 4 of the commission act; and that the commission was empowered under the provisions of the commission act to make recommendations which would be binding on the managing committee of an aided madrasah. ..... the west bengal madrasah service commission (amendment) act, 2010 made certain amendments in the commission act. .....
Tag this Judgment!Court : Supreme Court of India
..... the commencement of the constitution (seventy-fourth amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: provided that all the municipalities existing immediately before the commencement shall continue till ..... 2013 wherein the high court upheld the order dated 15.4.2013 passed by the learned single judge of the high court of chhattisgarh, bilaspur, upholding the validity of the town development scheme, namely, kamal vihar township development scheme no.4 (for short the kvtds ). the facts of the case are stated hereunder:- the appellants herein are the landowners of portions of land (with some construction thereon) situated in ..... the preamble of the act clearly discloses that a town development scheme is at best a vehicle to implement ..... . an adjudicator, who is subject to disqualification on the ground of bias or interest in the matter which ha has to decide, may be required to ..... the opinion that due to the change in the scope of the project, respondent no.2- rda was required to seek sanction for the project from the ..... the intention of parliament to deprive ..... prevent those whose books were submitted for selection from pointing out this fact to the state government so that it could amend its resolution by appointing a substitute or substitutes, as .....
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