Court : Supreme Court of India
..... beckoning a smaller share to the defendant no.2, while she has a larger share in view of vineeta sharma (supra). the consideration for the alleged compromise/settlement was therefore inadequate and whole agreement has to fall to the ground due to changed and supervening circumstances effectuated by change in law. lastly, even otherwise, the ..... was given/provided to defendant no.2 in clause 3 (page141) of agreement was changed to will be allotted to her in final decree proceeding. (d) the payment of rs. 12000 which was to be deposited to court without any caveat in agreement (see para 4 @141) was made subject to further orders of the ..... hindu mitakshara coparcenary except to provide rules for devolution of the interest of a deceased male in certain cases. the act-lays down a uniform and comprehensive system of inheritance and applies, inter alia, to persons governed by the mitakshara and dayabhaga schools and also to those governed previously by the murumakkattayam, aliyasantana and nambudir .....
Tag this Judgment!Court : Supreme Court of India
..... order, section 14 of ibc had come into play; the transactions made in the accounts of the cd would be unlawful and illegal as such payment of the settlement amount from the funds of the cd transferred to the account of the suspended director after 01.03.2021 ought to be rejected and no discretion ..... submissions that the suspended director having transferred huge amount from the account of the company to his personal account and from there having made the payment to the oc under the settlement but the same was not conclusively proved; 11 iv. the suspended director and their counsel made frivolous arguments before the nclt which were contrary ..... swiss ribbons (supra), dena bank (supra), mstc limited (supra), indian overseas bank (supra) and manok k. daga (supra), for the proposition that settlement would be in violation of moratorium as payments have been made after transferring money from the cd account after initiation of cirp. as already recorded above, we have held that firstly, the nclt .....
Tag this Judgment!Court : Supreme Court of India
..... based on their viability, without prejudice to the continuance of the criminal actions against the erstwhile promoters/management. 8.12.3 no compromise settlement involving a fraudulent borrower is allowed unless the conditions stipulate that the criminal complaint will be continued. 8.12.4 in addition to above ..... scheduled commercial banks, development financial institutions, government owned nbfcs, investment institutions, etc. for a period of five years from the date of full payment of the defrauded amount. even after the completion of the five- year period, it is for the individual financial institutions to decide whether to ..... objective of the framework is to direct the focus of banks on the aspects relating to prevention, early detection, prompt reporting to the rbi (for system level aggregation, monitoring & dissemination) and the investigative agencies (for instituting criminal proceedings against fraudulent borrowers) and timely initiation of the staff accountability proceedings .....
Tag this Judgment!Court : Supreme Court of India
..... of rs.3 35 ca nos. 3441-3442/ 2015 lakhs (rupees three lakhs only) to the respondent which will be in full and final settlement of the claims of the respondent. the said payment of the amount of rs.3 lakhs shall be effected within a period of six weeks from today. no orders as to costs. ., j.[ ..... clause, that clause stands apart from the rights and obligations under that contract, as it has been incorporated with the object of providing a machinery for the settlement of disputes arising in relation to or in connection with that contract. the questions of unilateral repudiation of the rights and obligations under the contract or of a ..... when a respondent in an application under section 11 of the act, resists reference to arbitration on the ground that the petitioner has issued a full and final settlement discharge voucher and the petitioner contends that he was constrained to issue it due to coercion, undue 3 national insurance company limited v. boghara polyfab private limited (2009 .....
Tag this Judgment!Court : Supreme Court of India
..... singh to collect the same. on 17.10.2003, jit singh/complainant met the appellant in connection with supply of death certificate, who demanded 500/- as illegal gratification. final settlement was for payment of 300/-. as ajit singh was reluctant to pay the illegal gratification, he contacted chamkaur singh, ex-member panchayat and on his suggestion went to the office of dsp ..... by the public servant which would make it an offence. similarly, a prior demand by the public servant when accepted by the bribe giver and in turn there is a payment made which is received by the public servant, would be an offence of obtainment under section 13(1)(d) and (i) and (ii) of the act. (e) the presumption of .....
Tag this Judgment!Court : Supreme Court of India
..... of total 36 pressing raw material suppliers they have accepted for payment as per option (a). discussions with others are underway by the company management. acceptances: mrl has already received acceptance from pnb about their hundi acceptances settlement as per option (a). efforts are being made to settle with ..... anything; (vi) it is submitted that subsequently, legislatures in response to societal and economic changes have enacted separate insolvency legislations providing a mandatory system to reorganize business which shielded the insolvent companies with automatic stay against recovery of the debts. it is submitted that invocation of insolvency legislations are ..... , permissive opting out laws. insolvency/bankruptcy laws are mandatory laws and not permissive opting out laws. insolvency/ bankruptcy laws 11 provides a mandatory system wherein creditors bargain take place within a common collection pool; (viii) it is further submitted that a sanctioned scheme whether under companies act or .....
Tag this Judgment!Court : Supreme Court of India
..... the appellant. the relevant clauses read thus: part k: extinguishment of claims/rights 1. save and except specifically dealt with under this resolution plan, no other payments or settlements (of any kind) shall be made to any other per- son in respect of claims filed under the cirp (including, for the avoidance of doubt, any ..... professional (for short, the irp ).10. on 26.05.2018, the resolution applicant filed its resolution plan under the terms of which, the payment to the complainant was in full and final settlement of all its claims against the corporate debtor.11. on 05.06.2018, the committee of creditors (for short, the coc ) approved ..... shall have no responsibility or liability in respect of any claims against the corporate debtor attributable to the period prior to the effective date other than any payments to be made under this resolution plan and all claims along with any related legal proceedings, including criminal proceedings and other penal proceedings, shall stand irrevocably .....
Tag this Judgment!Court : Karnataka Dharwad
..... the same would be determined by the deputy commissioner as per the prescribed rules.73. chapter x of the act provides for provisions for the assessments and settlement of land revenue of agricultural land. the provisions of this chapter prescribe the manner in which the assessment on lands is determined and for this purpose, the ..... of the code, declares that all lands whether applied to - 36 - agriculture or other purposes, and wherever situate, would be liable to pay land revenue, unless payment is specifically exempted. thus, fundamentally, an individual who owns land, irrespective of the purpose to which it is applied to or irrespective of where it is situate, ..... or for a survey officer, subject to rules or orders made in this behalf under section 233, to prohibit the appropriation of any unalienated land liable to the payment of land revenue for certain purposes, and to summarily evict any holder who may appropriate, or attempt to appropriate, the same to such prohibited purposes. - 27 .....
Tag this Judgment!Court : Karnataka Dharwad
..... the same would be determined by the deputy commissioner as per the prescribed rules.73. chapter x of the act provides for provisions for the assessments and settlement of land revenue of agricultural land. the provisions of this chapter prescribe the manner in which the assessment on lands is determined and for this purpose, the ..... of the code, declares that all lands whether applied to - 36 - agriculture or other purposes, and wherever situate, would be liable to pay land revenue, unless payment is specifically exempted. thus, fundamentally, an individual who owns land, irrespective of the purpose to which it is applied to or irrespective of where it is situate, ..... or for a survey officer, subject to rules or orders made in this behalf under section 233, to prohibit the appropriation of any unalienated land liable to the payment of land revenue for certain purposes, and to summarily evict any holder who may appropriate, or attempt to appropriate, the same to such prohibited purposes. - 27 .....
Tag this Judgment!Court : Supreme Court of India
..... i.e., 28.01.1991 or thereafter got the land by partition or family settlement and gair-pushtaini being those persons who purchased the land after its establishment. thus, two classes of landholders were carved out for payment of compensation and those who were classified as pushtaini landholders, a higher amount of ..... accordingly in the negative and in favour of the appellants. whether the classification made by and executive fiat between pushtaini landowners and gair-pushtaini landowners for payment of compensation at different rates is liable to be struck down as violative of article 14 of the constitution?.31. the high court, while upholding ..... present appellants challenging a similar classification made by the greater noida authority 1 (2016) 6 scc online aii28322 (hereinafter referred to as g noida ) in payment of compensation on the basis of the landholder being pushtaini and gair-pushtaini .3. while considering the writ petitions, another division bench disagreed with the views .....
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