Court : Supreme Court of India
..... amicus curiae ....................................... 31 c determination of arbitrators fee ................................................................ 38 c.1 comparative outlook ........................................................................... 38 c.1.1 position of international organisations .......................................... 39 (i) united national commission on international trade ......................... 39 (ii) permanent court of arbitration ......................................................... 42 (iii) london court of international arbitration ......................................... 43 (iv) international centre for dispute ..... interconnected with the advent of globalisation. hence, it will be useful to look at the practices adopted by international organisations and in national jurisdictions on the determination of arbitrators fees. we must at the outset distinguish between arbitrations administered by institutions and ad hoc arbitrations. typically .....
Tag this Judgment!Court : Supreme Court of India
..... state: we think the best proxy for distinguishing dissent from routine negotiations is whether the state s action can be fairly understood as an effort to change national policy. an attempt to obtain an accommodation or modification of federal policy within the state should usually be understood as an example of cooperative bargaining. an ..... the date on which the goods and services tax be levied on petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel. (6) while discharging the functions conferred by this article, the goods and services tax council shall be guided by the need for a harmonised ..... commission shall be laid before the house together with an explanatory memorandum on the action taken on such recommendations. article 338(5)(e) states that the national commission for scheduled castes shall present a report to the president annually listing the measures that should be taken to enhance the protection and development of the .....
Tag this Judgment!Court : Supreme Court of India
..... systems contributes to the development of harmonious international economic relations, noting that the model law on international commercial arbitration was adopted by the united nations commission on international trade law at its eighteenth session, after due deliberation and extensive consultation with arbitral institutions and individual experts on international commercial ..... entries 10 to 14 of list i of the seventh schedule to the constitution of india deal with foreign affairs, relationship with foreign countries, united nations organization, participation in international conferences, associations and other bodies and implementing of decisions made thereat, entering into treaties and agreements and implementing of treaties, ..... state act vis vis the 1940 act and 1996 act. in this respect, he relies on the judgment of this court in the case of rajiv sarin and another v. state of uttarakhand and others13. 12 (2011) 8 scc33313 (2011) 8 scc70826 28. shri shishodia as well as shri .....
Tag this Judgment!Court : Supreme Court of India
..... findings by an arbitral tribunal (at pages 3667-3669) xxx xxx xxx it is frequently said that conduct involving violations of certain types of criminal prohibitions implicates national and international public policies, crimes of terrorism, piracy, slave- trading, drug smuggling, torture, murder, kidnapping and robbery are all typically identified as examples of ..... see paras 70 and 76 in ssangyong).50. shri vishwanathan relied on a judgment of the supreme court of victoria, australia, in the case of imc aviation solutions pty ltd. v altain khuder llc [2011]. vsca248to submit that, where a party resists enforcement of a foreign award on the ground that it ..... as possible. [judgment of 15 april 1999, xxvi y.b. comm. arb. 863, 866 (geneva cour de justice) (2001)]. consistent with this objective, national courts have generally rejected efforts to complicate the proof requirements under article iv, taking a practical and relatively flexible approach towards proof requirements. (at pages 3396-3397) .....
Tag this Judgment!Court : Supreme Court of India
..... of finance, ministry of industry and commerce, ministry of urban development, ministry of consumer affairs, ministry of corporate affairs, ministry of law and justice, niti aayog, national housing bank, housing and urban development corporation, five representatives of state governments to be selected by rotation, five representatives of the real estate regulatory authorities to be ..... context, purpose and the intention of the use of the phrase will have to be seen and examined. 39 69 similarly, in department of customs vs sharad gandhi , a two judge bench of this court considered a case where the respondent had been discharged of offences under sections 132 and 175 of the customs act, ..... academic. having said so, we note that issues related to presidential assent under article 254(2) have been settled by a constitution bench of this court in rajiv sarin (supra), wherein it was held: presidential assent and article 254(2) of the constitution 186 part h63 it is in this context, that the finding .....
Tag this Judgment!Court : Karnataka
..... which includes both registrar and 'any person authorized by the central government'. section 272(3) provides that registrar shall obtain previous sanction from the 3 national company law appellate tribunal w.p no.6191/2021 6 central government to present a winding up petition. the second proviso to section 272(3) ..... the affairs of that company were conducted in a fraudulent manner which is not the case of a person authorised by the central government.11. shri. rajiv nayar, placed reliance on another authority, subramanian swamy vs. director, central bureau of investigation and another5 (paragraphs no.57, 58, 59 and68) and ..... office at c/o international proximity5h floor, ebene esplanade24cybercity ebene-72201 republic of mauritius rerpesented by its director mr. ramachandran viswanathan aged about53years ... petitioner (by shri. rajiv nayar, senior advocate for shri. c.k. nanda kumar, advocate) [through video conference]. and :1. union of india through ministry of corprate affairs5h floor, .....
Tag this Judgment!Court : Supreme Court of India
..... (iv) loan by kalimati to siva (v) sale of flat to mehli mistry (vi) the unjust enrichment of the companies controlled by mehli mistry (vii) the aviation industry misadventures (viii) losses due to purchase of the shares of tata motors etc., were not individually dealt with by nclat, though nclt had addressed each one of ..... residential flat to mehli mistry; (v) unjust enrichment of mehli mistry and the companies controlled by him, due to the personal equation of rnt with him; (vi) aviation industry misadventures; and (vii) a huge loss due to purchase of shares of tata motors, the reply filed by tata sons contained an elaborate and graphic rebuttal. we ..... cpm has been directed to be reinstated as director of these companies by the impugned order, for the rest of the tenure. 1.4 the original complainants before the national company law tribunal ( nclt for short), who initiated the proceedings under sections 241 and 242 of the companies act, 2013 namely (i) cyrus investments private limited (ii .....
Tag this Judgment!Court : Supreme Court of India
..... instituted by the union of india under section 241(2) read with section 242 of the companies act, 2013 (the act of 2013 ) before the mumbai bench of the national company law tribunal ( nclt ) against infrastructure leasing and financial services limited ( il&fs ) and its board of directors ( board ), on the ground that the affairs ..... from the consensus...arrived at in the presence of senior officers of both the parties namely mr d suresh, ias, managing director, hmrtc, chief administrator, hsvp, mr rajiv banga, managing director, rmgl and director, rmgsl. the consensual order passed by the high court envisaged that: (i) rmgl and rmgsl would continue to operate the ..... law. 17 part a insofar as clause vi is concerned, learned senior counsel appearing on behalf of the applicant(s)-respondent(s), after taking instructions from mr. rajiv banga, managing director, rmgsl and director rmgl, has submitted that the same be read as under:- vi) it is directed that whatever documents are required for .....
Tag this Judgment!Court : Supreme Court of India
..... achievements 1. awarded with army cdr commendation card, swc2 served as administrative off[ice].r in ci ops 3. served in ere with army aviation corps 4. been part of national integration camps 5. 2 units awarded with best dou while serving as oic, inventory control wing 6. participated in ewts (5 exercise) ..... belief, culture, language and birth; (4) no person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). national legislation must be enacted to prevent or prohibit unfair discrimination; (5) discrimination on one or more of the grounds listed in subsection (3) is unfair unless it ..... a complaining party demonstrates that a respondent uses a particular employment practice that causes a disparate impact on the basis of race, color, religion, sex, or national origin and the respondent fails to demonstrate that the challenged practice is job related for the position in question and consistent with business necessity; or `(ii) the .....
Tag this Judgment!Court : Supreme Court of India
..... rates of interest. in 2017, when they realised that there was no construction activity in progress, they were constrained to file consumer complaints before the national commission, and then discontinued payment of further instalments. (iii) the developer made an alternate offer of allotment of apartments in phase 1 of the ..... (vi) provides that : (vi) all other statutory clearance such as the approvals for storage of diesel from chief controller of explosive, fire department, civil aviation department, forest conservation act, 1980 and wildlife (protection) act, 1972, forest act, 1927, plpa1900etc. shall be obtained as applicable by project proponents from the ..... malhotra, j.1. the present batch of appeals has been filed by the appellant- developer, to challenge the judgment passed by the national consumer disputes redressal commission ( national commission ) directing refund of the amounts deposited by the apartment buyers in the project the corridors developed in sector 67-a, gurgaon, .....
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