Court : Supreme Court of India
..... to give such an interpretation as would thwart the recovery process under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 which act alone seems to have worked to some extent at least. similarly, in innoventive industries (supra), this court found: 13. one of ..... prevailed in lochner, coppage, adkins, burns, and like cases - that due process authorizes courts to hold laws unconstitutional when they believe the legislature has acted unwisely - has long since been discarded. we have returned to the original constitutional proposition that courts do not substitute their social and economic beliefs for ..... are key drivers of employment, production, economic growth, entrepreneurship, and financial inclusion.78. section 7 of the micro, small and medium enterprises development act, 2006 classifies enterprises depending upon whether they manufacture or produce goods, or are engaged in providing and rendering services as micro, small, or medium, .....
Tag this Judgment!Court : Supreme Court of India
..... the rendering ineffective of judgments or orders of competent courts by changing their basis by legislative enactment is a well-known pattern of all validating acts. such validating legislation which removes the causes of ineffectiveness or invalidity of action or proceedings cannot be considered as encroachment on judicial power. the ..... of discretionary powers vested with the governor is concerned, the same is limited to situations, wherein a constitutional provision expressly so provides the governor should act in his own discretion. additionally, a governor can exercise his functions in his own discretion, in situations where an the constitutional provision concerned, ..... data showing the existence of the compelling reasons of : (i) backwardness; (ii) inadequacy of representation; and (iii) overall efficiency. hence, the reservation act 2018 removes the basis of the decision in b k pavitra i; (b) the state legislature is competent to enact a law with retrospective or retroactive operation .....
Tag this Judgment!Court : Supreme Court of India
..... of any well-being of the minority by omission or commission, shall ordinarily be binding upon the state government. 6. the west bengal school service commission act, 1997 ( 1997 act , for short) was enacted to provide for the constitution of regional school service commissions and a central school service commission in the state and for matters ..... some such legislations are found referred in paras 81 and 82 of s.b. sinha, j. s opinion in islamic academy. 34. in kanya junior high school, bal vidya mandir, etah, u.p. v. u.p. basic shiksha parishad, allahabd, u.p. and others29 one of the issues that arose was whether the school ..... bench have given rise to the present set of appeals wherein number of intervention applications have also been filed. statutory provisions4 the west bengal board of madrasah education act, 1994 was enacted to establish a board of madrasah education in west bengal and to provide for matters connected therewith or incidental thereto. the expressions madrasah , .....
Tag this Judgment!Court : Supreme Court of India
..... the ibc, which provides that the resolution plan cannot contravene any provision of law which is in force. the provisions of the indian contract act, 1872 ( contract act ), require mutual agreement of the parties for such a modification; (vi) the submission of the respondents that property under section 3(27) ..... jurisdiction over the winding up and liquidation of companies. nclat has been vested with the appellate jurisdiction over nclt. similarly, the limited liability partnership act, 2008 also confers jurisdiction to nclt for dissolution and winding up of limited liability partnerships, while appellate jurisdiction is vested with nclat. the committee ..... clauses, distressed debt market update and dip/rescue finance | conventus law accessed 18 february 2021. 117 ipso facto clauses under the new insolvency, resolution & dissolution act (rajah tann & asia, july 2020) accessed 18 february 2021. 106 part j126in addition, two legislative safeguards have been built into the irda to balance the .....
Tag this Judgment!Court : Supreme Court of India
..... . rishi raj sharma; mr. satyam chaturvedi; ms. ashima gupta; ms. shruti agrawal; mr. nishank tripathi; mr. shreekant neelappa terdal (advocate- on-record); ms. sonia mathur; ms. seema bengani; mr. padmesh mishra; mr. yuvraj sharma; mr. udai khanna and dr. n. visakamurthy, for painstakingly taking us through the voluminous evidence and providing us with detailed handouts on the ..... a case, when taken together on their face value, should indicate the meeting of minds between the conspirators for the intended object of committing an illegal act or an act which is not illegal, by illegal means. a few bits here and a few bits there on which the prosecution relies cannot be held to be adequate ..... sections 120-a and 120-b ipc would make these aspects clear beyond doubt. entering into an agreement by two or more persons to do an illegal act or legal act by illegal means is the very quintessence of the offence of conspiracy.275. generally, a conspiracy is hatched in secrecy and it may be difficult to .....
Tag this Judgment!Court : Supreme Court of India
..... was faced with the situation where a conviction of some of the accused persons by this court under the terrorist and disruptive activities (prevention) act, (tada act) was sought to be challenged under article 32 of the writ petition (crl.) no.491 of 2022 etc. page 108 of 251 constitution ..... , unless supported by quid pro quo, this court held, interfered with the control exercised by the central government under the industries (development and regulation) act, 1951 (for short idr act, 1951 ) and the various orders made thereunder with respect to prices, licences, permits, distribution, transport, disposal, acquisition, possession, use, consumption, ..... case that, considerations of religion, caste, colour or political loyalty are totally irrelevant and fraught with discrimination. the function of determining whether the act of a constitutional or statutory functionary falls within the constitutional or legislative conferment of power or is vitiated by self-denial or an erroneous appreciation .....
Tag this Judgment!Court : Supreme Court of India
..... settled law as referred to in banda development authority (supra). the same will, accordingly, stand overruled. in re: question no.iii : whether section24of the act of2013revives stale/ barredclaims?.90. in several cases, the challenge to the acquisition has become stale and otherwise barred. the question arises whether a beneficial provision of ..... it incumbent upon court not to confer benefit upon an unscrupulous litigant, not to confer undeserved gain, administration of land does not control performance of act which is not possible, attempt to abuse legal provisions must be thwarted, prolonging of litigation by money power, dilatory tactics or otherwise not to confer ..... for consideration. it was not open to invalidate such deposits 193 made in treasury without consideration of the provisions, prevailing practice, and decisions under the act of 1894. the decision rendered in pune municipal corporation (supra), which is related to question no.1 and other decisions following, the view taken in .....
Tag this Judgment!Court : Supreme Court of India
..... iron ore and manganese ore in different states in contravention of the provisions of the mines and minerals (development and regulation) act, 1957 (the mmdr act), the forest (conservation) act, 1980, the environment (protection) act, 1986 and other rules and guidelines s.l.p. (c) no.32138 of 2015 etc. page 2 of 101 issued ..... the choice of methods is not left to the unbridled discretion of a public authority. where a public authority exercises an executive prerogative, it must nonetheless act in a manner which would subserve public interest and facilitate the distribution of scarce natural resources in a manner that would achieve public good. where a ..... ) to examine the information/documents submitted by each of the 139 project proponents in response to aforesaid direction dated 14th september, 2012 under environment (protection) act, 1986 for keeping environment clearance in abeyance and making case-by- case recommendations to the moef;2 xxx xxx xxx to evaluate status of compliance with .....
Tag this Judgment!Court : Supreme Court of India
..... the adjudicating authority along with the list of all financial creditors, containing the name of an insolvency professional, other interim resolution professional, to act as their authorised representative who shall be appointed by the adjudicating authority prior to the first meeting of the committee of creditors; than ..... any regulatory authority or any officer preferably the secretary of the department dealing with housing, as the regulatory authority for the purposes under this act: provided also that after the establishment of the regulatory authority, all applications, complaints or cases pending with the regulatory authority designated, shall ..... professional shall make an application to the adjudicating authority along with the list of all financial creditors, containing insolvency professional, other resolution professional, to act as their authorised representative who shall be appointed by the adjudicating authority prior to the first meeting of the committee of creditors; [ ]. .....
Tag this Judgment!Court : Supreme Court of India
..... . (emphasis supplied) 47. the court proceeded to take the view that having regard to the applicability of the indian law namely the contract act, negotiable instrument act, the 48 extinction of remedy under the portuguese law cannot but be deemed to be impliedly repealed. it was further held that having regard ..... to be registered. they included transfers of immovable property gratuitously, onerously and all transmission of properties or corporeal immovable property and mere possession were acts which were subject to registration under article 949. article 960 is also relied upon which provides that the registration record is also to be maintained ..... respectively. the situation thus emerges having regard to the two regulations noticed hereinbefore (regulation 11 and regulation12) that both the negotiable instruments act and the contract act together with some other statutes have been made applicable to the state by appropriate legislative authority. the promissory note signed by respondent 1 .....
Tag this Judgment!