Court : Supreme Court of India
..... recently, the ibc (amendment) ordinance 2021 was promulgated with effect from 04 april 2021 providing certain directions to preserve businesses of msmes and a fast-track insolvency process. there has been a clamor on behalf of successful resolution ..... limited seroco appeal civil appeal no 295 of 2021 sfio serious frauds investigation office sica sick industrial companies act 1985 singapore act companies (amendment) act 2017 swiss ribbons swiss ribbons (p) ltd v. union of india third withdrawal ca no 1816 ( ..... appeal .................................................................. 179 k.3 the seroco appeal ........................................................................... 183 l conclusion............................................................................................... 185 4 glossary defined term definition 2013 act companies act 2013 committee of creditors of astonfield renewables a-coc private limited adjudicating authority national company law tribunal committee of .....
Tag this Judgment!Court : Supreme Court of India
..... for protecting the natural foundations of life and preserving the physical world for the present and future generations, and can therefore be used to counter the short-termism endemic in all democratic, ..... an emergent environmental management tool, 32 b.c. envtl. aff. l. rev. 679 (2005) page 55 of 77 comprehensive research, and acting in advance of conclusive scientific evidence of harm. 16 the precautionary foundation of vorsorgeprinzip has been described as an action principle that holds public authorities responsible ..... property and the environment. however, the national environment tribunal, which had a very limited mandate, was not established. the national environment appellate authority act, 1997 was enacted to establish the national environment appellate authority to hear appeals with respect to restriction of areas in which any industries, operations or .....
Tag this Judgment!Court : Supreme Court of India
..... regarding eviction of persons in occupation of what are admittedly waqf properties. since this court answered the question in the negative, section 83(1) was amended by act 27 of 2013 to include the words, eviction of tenant or determination of rights and obligations of the lessor and lessee of such property .37. simultaneously, ..... was confined only to disputes revolving around those two questions. 3836. interestingly, the basis of the decision in ramesh gobindram was removed through an amendment under act 27 of 2013. as we have stated elsewhere, ramesh gobindram sought to address the question whether a waqf tribunal was competent to entertain and adjudicate upon ..... expression any person interested therein , shall, in relation to any property specified as waqf property in the list of waqfs published after the commencement of this act, shall include also every person who, though not interested in the waqf concerned, is interested in such property and to whom a reasonable opportunity had been .....
Tag this Judgment!Court : Supreme Court of India
..... such buildings; (ii) any forest not owned by the government, to which the madras preservation of private forest act, 1949 did not apply, including waste lands which are enclaves within wooded areas. (2) in relation to the remaining areas in the state of kerala, ..... suggested by counsel for the appellant. look at the definition. sub-clause (a) refers to gardens or nilams as defined in the klr act. 'garden' means lands used principally for growing coconut trees, arecanut trees or pepper vines or any two or more of the same. 'nilam' means lands adapted for the cultivation of paddy. sub-clause ..... be deemed to be lands used for purposes ancillary to the cultivation of such crops; (c) lands which are principally cultivated with cashew or other fruit bearing trees or are principally cultivated with any other agricultural crop and (d) sites of buildings and lands appurtenant to and necessary for the convenient enjoyment or use of, .....
Tag this Judgment!Court : Supreme Court of India
..... of 1966, was promulgated by the president for the acquisition of the undertaking of metal corporation of india limited. the ordinance was replaced by an act of parliament (act 36 of 1966) which came into force on 3 december 1966. this led to another round of proceedings under article 226 of the 8 constitution ..... to vest the undertaking in a government company. once the metal corporation stood vested in a government company, the provisions of the then companies act 1956 and present companies act 2013 become applicable. thereupon, the government company would be entitled to exercise all such powers and to do all such things as metal corporation ..... officers association1 has invoked the jurisdiction of this court under article 32 of the constitution. the confederation, which is a trade union registered under the trade unions act 1926, is joined in these proceedings by three other petitioners, including a former 2 employee of hindustan zinc limited . the members of the confederation are, or .....
Tag this Judgment!Court : Supreme Court of India
..... and inattentive people do actually exercise in avoiding danger to their own person or property. also termed willful and wanton misconduct.2. a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party, who may typically recover exemplary damages. also termed reckless ..... and inattentive people do actually exercise in avoiding danger to their own person or property. also termed willful and wanton misconduct.2. a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party, who may typically recover exemplary damages. also termed reckless negligence ..... circumstances, or the failure to do what such a person would do under the circumstances .. active negligence. (1875) negligence resulting from an affirmative or positive act, such as driving through a barrier. cf. passive negligence. advertent negligence. (1909) negligence in which the actor is aware of the unreasonable risk that he .....
Tag this Judgment!Court : Supreme Court of India
..... presentation to the scheduled castes, scheduled tribes and other backward classes of citizens in the selection committee shall be made in accordance with section 7 of the act, as amended from time to time. note3 the procedure for conducting written examination shall be such as prescribed in appendix-3. (i) selection and merit ..... the scheduled castes/ scheduled tribes and other backward classes of citizen in selection committee shall be made in accordance with the order made under section-7 of the act, as amended from time to time. (a) applications- (i) a candidate shall fill the application form from one district only. regarding allocation of examination ..... 100 marks (objective type) 4 the u.p. sub inspector and inspector (civil police) service (first amendment) rules, 2015 framed in exercise of powers under the police act, 1861. 152. basic law /constitution/ 100 marks general knowledge (objective type) 3. numerical and mental 100 marks ability test (objective type) 4. mental aptitude test/ .....
Tag this Judgment!Court : Supreme Court of India
..... were aware of the false statements contained in the agreement dated 28.01.2005. therefore, the shareholders, 128 who now want to reap the fruits of a tree, fraudulently planted and unlawfully nurtured, cannot feign ignorance and escape the allegations of fraud. 12.9 an argument was advanced by the learned senior counsel for the ..... there is only one requirement namely that of authorization by the central government by notification. 6.22 the above discussion would show that in contrast to the 1956 act, the 2013 act provides 2 different routes for the winding up of a company on the ground of fraud. they are: (i) winding up under clause (c) of section ..... the company was formally incorporated. immediately after incorporation, the agreement dated 28.01.2005 was signed. therefore, the first ingredient of section 271(c) of the companies act, 2013, namely, the formation of the company for a fraudulent and unlawful purpose was clearly made out; (x) the kind of licenses obtained such as isp and .....
Tag this Judgment!Court : Supreme Court of India
..... operations and generally to do all things necessary of expedient for the purpose of such development and for purposes incidental thereto.9. chapter iii of the bda act provides for the power of the authority to take up execution of development schemes for the development of the bangalore metropolitan area. section 15 empowers the bda to ..... deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of and holdings has not been deposited in the account of the beneficiaries ..... only those acquisitions which have 5 w.a. no.1415/2018 (la-bda) disposed of on 1st december, 2020 14 been initiated under the provisions of the la act, 1894 only. subject to compliance of the conditions mentioned under sub- section (2) of section 24, the land owner would be entitled to the deeming provision regarding .....
Tag this Judgment!Court : Supreme Court of India
..... on their behalf want any particular community to dominate, where as those who oppose this move are interested only in particular communities. they want to preserve communalism while accusing us of communalism because they have had the advantage of education which they fear will be taken away. they think and urge ..... nadu backward classes, scheduled castes and scheduled tribes (reservation of seats in educational institutions and of appointments or posts in the services under the state) act 1993 providing 69 percent reservation. the enactment permits 50 percent reservation for backward classes and the most backward classes. therefore, both the state legislature and ..... for the obc seats in the aiq is constitutionally valid. the senior counsel made the following submissions: (i) parliament by the constitution (ninety-third amendment) act 2005 introduced clause (5) in article 15 providing reservation for the scs, sts and socially and educationally backward classes (or the obcs) in admission to .....
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