Court : Supreme Court of India
..... xxxx xxxx xxxx xxxx xxxx [(aa) domestic enterprise means any micro and small enterprise as defined in the micro, small and medium enterprises development act, 2006 (central act 27 of 2006), which manufactures or produces goods, provides or renders services within the state and filed part ii of the entrepreneurs memorandum in the ..... technical specifications are at the heart of the tender, opt for a single source procurement, albeit by adhering strictly to the requirements of the tender act, which has been enacted to provide transparency in public procurement and to regulate the procedure in inviting and accepting the tenders and matters connected therewith or ..... should not be interfered with. interference is permissible only if the decision-making process is arbitrary or irrational to an extent that no responsible authority, acting reasonably and in accordance with law, could have reached such a decision. it has been cautioned that constitutional courts are expected to exercise restraint in .....
Tag this Judgment!Court : Supreme Court of India
..... the existing legal framework relating to commercial transactions had not kept pace with the changing commercial practices and financial sector reforms. as such, the sarfaesi act was enacted with the purpose for securitization and empowering banks and financial institutions to take possession of the securities and to sell them without the ..... the right to redemption stands extinguished on the sale certificate getting registered.76. we will have to take into consideration the purpose with which the sarfaesi act came to be enacted. unlike international banks, the banks and financial institutions in india did not have power to take possession of securities and sell them ..... appellants were prepared to pay entire dues to the respondent bank including the amount deposited by the auction purchaser, without prejudice to their other contentions. acting on the said representation, the division bench of the high court granted interim protection to the appellants.38. it appears that in the meantime .....
Tag this Judgment!Court : Supreme Court of India
..... : the indian administrative service (recruitment) rules, 1954. in exercise of the powers conferred by sub-section (1) of section 3 of the all-india services act, 1951 (lxi of 1951), the central government after consultation with the 9for short, the recruitment rules 10for short, the competitive examination regulations 5 government of the states ..... rules 4 the indian administrative service (cadre) rules, 1954 in exercise of the powers conferred by sub-section 1 of section 3 of the all india services act, 1951 (lxi of 1951), the central government, after consultation with the governments of the states concerned, hereby makes the following rules namely: xxx xxx xxx ..... which was duly received on 17.12.2007.3. it is thereafter that the applicant filed an original application under section 19 of the administrative tribunals act, 1985 before the ernakulam bench of the central administrative tribunal6. the tribunal directed the union to allot and accommodate the applicant against the outsider obc .....
Tag this Judgment!Court : Supreme Court of India
..... and the revenue can take a position different from its earlier stand in a case with established distinguishing features. [see commissioner of central excise, bangalore 1 vs. bal pharma limited, bangalore and ors., (2011) 2 ssc620. 20.4 the rules of promissory estoppel and estoppel by conduct may not be applied to alter or amend ..... entity. it is submitted that therefore thereafter the state is estopped from amending the conditions required to be met for obtaining the incentives, since the 28 respondent acted upon the assurance of the state that as long as it met the conditions, it would be eligible for receiving exemptions for a fixed amount of time ..... as an eligible unit, the respondent was entitled to exemption under entry 255 of the notification issued by the government of gujarat under section 49(2) of the act, 1969. 4.5 it is further submitted that the respondent, in accordance with the eligibility certificate and the exemption granted as aforesaid, availed exemption from payment .....
Tag this Judgment!Court : Supreme Court of India
..... the respondent deputy commissioner of income tax4, which partially allowed amounts claimed by apex as business expenditure under section 37(1) of the income tax act, 1961 (hereinafter, it act ).2. the facts in brief are as follows: on 01.08.2012, the central board of direct taxes (hereinafter, cbdt ) issued a ..... applied prospectively.15 contentions of revenue authorities 11. mr. sanjay jain, additional solicitor general appearing for the respondent revenue authorities, submitted that while the act of pharmaceutical companies gifting freebies to medical practitioners for promotion of their products may not be classified as an offence under any statue, it was ..... professional associations in violation of the regulations issued by medical council of india (the 'council') which is a regulatory body constituted under the medical council act, 1956.2. the council in exercise of its statutory powers amended the indian medical council (professional conduct, etiquette and ethics) regulations, 2002 (the .....
Tag this Judgment!Court : Supreme Court of India
..... (v) offences punishable under the suppression of immoral traffic in women and girls art, 1956, or (vi) offences punishable under section 3 of the public gambling act, 1867 (act no.104 of 1956), or (vii) preventing any person from offering bids in auction lawfully conducted, or tender, lawfully invited, by or on behalf of any ..... implicated along with eight accused persons and also charged for the offences under the gangsters act also. it is contended that once the special court took cognizance against eight persons, thereafter it was not open to implicate the present accused, who were ..... on further investigation and by way of supplementary charge sheet. that prior thereto eight persons were already charge sheeted including for the offence under the gangsters act, 1986 and the learned special court took cognizance against eight accused persons. it is submitted that subsequently, the appellant and other two co-accused are .....
Tag this Judgment!Court : Supreme Court of India
..... respondent or the aggrieved person has any right, title or interest in the shared household. 24 3. definition of domestic violence. for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it (a) harms or injures or endangers the health, safety, life ..... gathered from various judgments of this court. (i) in ishverlal thakorelal almaula vs. motibhai nagjibhai [air1966sc459, while dealing with the bombay tenancy and agricultural lands act, 1948, this court held, that a proper function of a proviso is to except or qualify something enacted in the substantive clause, which but for the ..... the state of maharashtra and another [air1977sc915, a constitution bench of the apex court, while considering the amendment made to maharashtra agricultural lands (ceiling on holdings) act, 1961, in the context of article 31b of the constitution and the second proviso thereto, reiterated what was stated in ishverlal's case, (supra). 73 ( .....
Tag this Judgment!Court : Supreme Court of India
..... in this peculiar circumstance.19. the allegation is that the labourers concerned were employed in the rice mill and the liability of fine under sections 16 and 17 of the act must be attached to the estate (the rice mill). notwithstanding the appellant not being culpable, he being the son of accused no.1, has succeeded to the business ..... , (2009) 10 scc401 chandrappa and ors. vs. state of karnataka, (2007) 4 scc415 9 appellant and convicting and sentencing him under sections 16 and 17 of the act.18. we have no doubt concluded that there is no evidence to establish the culpability of the appellant so as to find him guilty. but regarding the incident having occurred ..... three years and also with fine which may extend to two thousand 6 rupees.17. punishment for advancement of bonded debt whoever advances, after the commencement of this act, any bonded debt shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to two thousand rupees.11 .....
Tag this Judgment!Court : Supreme Court of India
..... will directly impact the outcome of the contempt proceedings.25. in the backdrop of these submissions, following questions arise for our consideration: - (a) whether the acts of commission or omission on part of contemnor nos.9 and 10 and the entities controlled by them, were calculated to put the assets of the companies ..... institutions have filed their affidavits. the petitioner has filed additional submissions dated 23 march 2021 [slp vol 187]. informing this hon ble court of the contemptuous acts of the banks and financial institutions in collusion with the judgment debtors. the petitioner informed this hon'ble court that, until may 2017, there could not ..... vol. 61). the petitioner in its rejoinder-affidavit explained how mms and sms blatantly misled the court by asserting that the banks and financial institutions had acted on their own accord in invoking their right to top-up under pre-existing contractual obligations. petitioner also showed how the respondents obstructed the course of .....
Tag this Judgment!Court : Supreme Court of India
..... the disputes about the meaning of a covenant in a contract or its enforceability have to be determined according to the usual principles of the contract act. every act of a statutory body need not necessarily involve an exercise of statutory power. statutory bodies, like private parties, have power to contract or deal ..... or short-term open access, approval of ceig for construction, operation and maintenance of electrical plans and electrical lines under section 73c of the electricity act, 2003 and approval of power, telecommunication and coordination committee (ptcc). it is further stated that on compliance with procedures it first issues a unique code ..... india pvt. ltd., whereas the responsibility of sldc begins after commissioning of the solar generating plant and other regulatory compliances. as per provisions of electricity act, 2003 and mpegc, commissioning certification is beyond the jurisdiction of sldc.6. that, the answering respondent is more of a formal respondent as the agreement .....
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