Court : Supreme Court of India
..... xx xx xx 123. in the light of foregoing discussions it is declared that until the provisions in parts 1b and 1c of the companies act introduced by the companies (amendment) act, 2002, which have been found to be defective in as much as they are in breach of the basic constitutional scheme of separation of powers and ..... and the jurisdiction and powers relating to winding up vested in the high courts. the government accepted the recommendations and passed the companies (second amendment) act, 2002. the reason for the said amendment was to avoid multiplicity of litigation before various fora and to reduce pendency of cases. the madras bar association filed a writ petition in ..... dated 29.03.1974. the writ petition was allowed by the learned single judge against which a letters patent appeal (lpa) was preferred by the lic. during the pendency of the lpa, the lic (modification of settlement) act, 1976 came into force. the lpa was withdrawn in view of the subsequent legislation and the decision of .....
Tag this Judgment!Court : Supreme Court of India
..... or wiser or more scientific or logical. the court can interfere only if the policy decision is patently arbitrary, discriminatory or mala fide. 14.4 in the case of balco employees union (regd.) v. union of india (2002) 2 scc333 this court has observed that wisdom and advisability of economic policies are ordinarily not amenable ..... courts cannot be expected to decide them without even the aid of experts. it is further observed that it is not the function of the court to amend and lay down some other directions. the function of the court is not to advise in matters relating to financial and economic policies for which bodies like ..... and others engaged in disaster management; (o) provide necessary technical assistance or give advice to the state authorities and district authorities for carrying out their functions under this act; (p) promote general education and awareness in relation to disaster management; and (q) perform such other functions as the national authority may require it to perform .....
Tag this Judgment!Court : Supreme Court of India
..... , birth certificate etc.) and continues to perpetuate the obvious errors in the school records.9. the appellant has further submitted that by amending byelaw 69.1 in this manner, cbse has acted in violation of regulation 10 and objectives of cbse by rendering itself incapable of rectifying errors in the certificates and issuing accurate certificates, ..... . during school, the name of the respondent was recorded as mohammed shafeek in accordance with the birth certificate 20 supra at footnote no.16 28 issued in 2002. after passing matriculation, another birth certificate was issued in 2017 wherein a different name i.e., mohammed shafeek s. was recorded. in accordance with the second ..... as shaji and mother s name as jijimol . these names were in also in accordance with the old birth certificate of the respondent dated 27.10.2002. as stated by the respondent, they noticed this mistake for the first time in 2018 after cbse released the respondent s secondary school examination certificate on 29 .....
Tag this Judgment!Court : Supreme Court of India
..... a. pai foundation case [(2002) 8 scc481 was later explained in p.a. inamdar case [(2005) 6 scc537 . it was held that as regards unaided institutions, the state has no control and such institutions are free to admit students of their own choice. the said decision necessitated the enactment of the constitution (ninety-third amendment) act, 2005. thus, both ..... , on the other hand, the executive action does not patently or overtly transgress the authority conferred on it by the constitution, but the transgression is covert or latent, the said action is struck down as being a fraud ..... executive action that it is a fraud on the constitution, it does not necessarily mean that the action is actuated by mala fides. an executive action which is patently and plainly outside the limits of the constitutional authority conferred on the state in that behalf is struck down as being ultra vires the state's authority. if .....
Tag this Judgment!Court : Supreme Court of India
..... the communication also reported that some members of the world trade organization had carried out urgent amendments to their national patent laws to expedite the process of issuing compulsory/government use licenses. 43 in india, the patent regime is governed by the patents act, 197022, section 92 of which envisages the grant of a compulsory license, inter alia ..... such drugs. 55 as discussed in section f, the central government can also consider using its powers under sections 92, 100 or 102 of the patents act to increase production of essential drugs to ensure that it is commensurate to the demand. the central government s affidavit testifies to existence of capacity of ..... /w/669, 2nd october, 2020, available at https://docs.wto.org/dol2fe/pages/ss/directdoc.aspx?.filename=q:/ip/c/w669.pdf&open=true 22 patents act 43 part f44the utilization of these flexibilities has also been detailed in the trade related aspects of intellectual property rights agreement23. even as trips obliges countries .....
Tag this Judgment!Court : Supreme Court of India
..... a matter of fact, the reason for the insertion of the proviso to section 2(2) by the arbitration and conciliation (amendment) act, 2015 was because the judgment in bhatia international v. bulk trading s.a., (2002) 4 scc105[ bhatia ]. had muddied the waters by holding that section 9 would apply to arbitrations which take place outside india ..... 3(1) and 4 of the general rules themselves provide for promotion by selection and for enforceability of the special rules in that regard. therefore there is no patent conflict or inconsistency at all between the general and the special rules.69. consequently, this argument of the appellant also fails. whether an application under section 9 ..... either before or during the arbitration proceedings, nor before the learned single judge of the high court in the objections filed before him, nor in the letters patent appeal filed before the division bench. such a plea is not available to be 54 raised by the appellant atlas before this court for the first time. .....
Tag this Judgment!Court : Supreme Court of India
..... section 5 of the competition act, 2002 (12 of 2003), the resolution applicant shall obtain the approval of the competition commission of india under that act prior to the approval of such resolution plan by the committee of creditors.]. 57 this section 31 has also undergone various changes in its amendments by act 26 of 2018 and 26 of ..... taken in the appeal filed against the impugned order and was raised for the first time in written submissions. nevertheless, according to yeida, the argument is patently incorrect, for it ignores the fact that the corporate debtor jil and its successor spvs would derive the benefits of both, the toll collected from expressway for ..... owners welfare society v. jaiprakash associates ltd.; 40.5. the contention of jal that they faced impediments on account of the purported stay imposed by ngt is patently incorrect 49 as the stay by ngt was only on handing over possession without an occupation certificate, which had no bearing on the construction. moreover, jal .....
Tag this Judgment!Court : Supreme Court of India
..... them without even the aid of experts. it is further observed that it is not the function of the court to amend and lay down some other directions. the function of the court is not to advise in matters relating to financial and ..... would have been fairer or wiser or more scientific or logical. the court can interfere only if the policy decision is patently arbitrary, discriminatory or mala fide. 7.25.4 on exercise of judicial review, shri mehta, learned solicitor general has relied ..... agrawal (supra); state of m.p. v. nandlal 81 jaiswal, (1986) 4 scc566 balco employees union (regd.) v. union of india, (2002) 2 scc333 peerless general finance and investment co. ltd. (supra); dalmia cement (bharat) ltd. v. union of india (1996) 10 scc104 ..... by shri mehta, learned solicitor general that the statement of objects and reasons as well as the scheme of the act, the act envisages a statutory mechanism to deal with the disaster. it is submitted that so far as the national disaster management authority .....
Tag this Judgment!Court : Supreme Court of India
..... first and second provisos and has not been admitted by the adjudicating authority before the commencement of the insolvency and bankruptcy code (amendment) act, 2020, such application shall be modified to comply with the requirements of the first or second proviso within thirty days of the commencement of the said ..... accepted the recommendations of the two committees and that led to enactment of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (for short the sarfaesi act ), which can be termed as one of the most radical legislative measures taken by parliament for ensuring that dues of secured creditors including banks ..... the adjudicating authority is to see at this stage is whether there is a plausible contention which requires further investigation and that the dispute is not a patently feeble legal argument or an assertion of fact unsupported by evidence. it is important to separate the grain from the chaff and to reject a spurious .....
Tag this Judgment!Court : Supreme Court of India
..... xliii of the code of civil procedure, 1908 (5 of 1908) as amended by this act and section 37 of the arbitration and conciliation act, 1996 (26 of 1996). (2) notwithstanding anything contained in any other law for the time being in force or letters patent of a high court, no appeal shall lie from any order or ..... and pundlik jalam patil v. jalgaon medium project [(2008) 17 scc448: (2009) 5 scc (civ) 907]. .) 14. in p. ramachandra rao v. state of karnataka [(2002) 4 scc578:2002. scc (cri) 830 : air2002sc1856 this court held that judicially engrafting principles of limitation amounts to legislating and would fly in the face of law laid down by the constitution ..... been furnished, can be decided on the facts of a particular case and no straitjacket formula is possible. (vide madanlal v. shyamlal [(2002) 1 scc535: air2002sc100 and ram nath sao v. gobardhan sao [(2002) 3 scc195: air2002sc1201 .) 12. it is a settled legal proposition that law of limitation may harshly affect a particular party but it .....
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