Court : Supreme Court of India
..... of behalf the appellant ol that he was liable to pay only those taxes which accrued till the date of winding up and became payable within one year thereof; that in view of section 529a of the companies act, 19568, workmen s dues and the dues of secured creditors to the extent they were secured, were to be paid pari passu, and prioritised over all other debts; and that rule 154 of the rules of ..... that he had not carried on any business of the company and consequently, did not in any way earn profit from use of the assets of the company in liquidation; that the provisions of the companies act did not envisage payment of post- liquidation taxes on property and water and the assets were only custodia legis after the winding up order until the sale; and that the sale was on as is where ..... no.1 nigam - applicant before the company court - that the ol was liable for both pre-liquidation and post-liquidation rates and taxes; that as per section 185 of the madhya pradesh municipal corporation act, 19567 the position of respondent no.1 was that of a secured creditor; and that in any case, the ol was required to give reasons for rejection of claim which he had not done. ..... was attached by the municipal corporation owing to the fact that the municipal taxes in arrear for 1949-50 to 1953-1955 had not been paid, leading the respondent-purchaser to file a suit for ..... therein, after insolvency proceedings commenced in 1949, the property in question was auctioned and purchased by the respondent-purchaser .....
Tag this Judgment!Court : Supreme Court of India
..... or an account of a corporate debtor under the management or control of such person or of whom such person is a promoter, classified as non-performing asset in accordance with the guidelines of the reserve bank of india issued under the banking regulation act, 1949 (10 of 1949) 37[or the guidelines of a financial sector regulator issued under any other law for the time being in force,]. ..... of only fair value and liquidation value figures on obtaining confidentiality undertaking from the members of the coc was incorrect; (b) the compliance with statutory requirements in regulating a matter of practice and procedure was mandatory and observation of adjudicating authority that a statutory provision regulating a matter of practice or procedure would generally be regarded as directory and not mandatory was erroneous; (c) non-publication of notices of form g, inviting eoi, was a material irregularity in exercise of the powers by ..... . the adjudicating authority has also rightly observed that a statutory provision regulating a matter of practice or procedure would generally be read as directory and in the present case, no prejudice has been shown by anyone as regards technical non-compliance of all the requirements of ..... the appellate tribunal also held that compliance with statutory requirements regulating a matter of practice and procedure were mandatory in character and the tribunal being a creature of a statute cannot dilute the statutory compliances in the following words: - 88 .....
Tag this Judgment!Court : Supreme Court of India
..... office of a director or any other office connected with the conduct and management of the affairs of any company for a period of five years from the date of the said decision (2) any person who knowingly acts as a managing director or other director or manager of a company in contravention of clause (b) of sub-section (1) or sub-section (1a), and every other director of the company who is knowingly a party to such ..... (10) of the 2009 bill which provides for removal of an auditor by the nclt on finding that there is a fraud and corresponds to section 140(5) of the act should be made more stringent and should contemplate that an auditor removed by the tribunal should not be eligible to be appointed as an auditor of any company for ..... 123(10) of the 2009 bill (which provides for removal of an auditor by the nclt on finding that there is a fraud and corresponds to section 140(5) of the act) should be made more stringent and should contemplate that an auditor removed by the tribunal should not be eligible to be appointed as an auditor of any company for a ..... a prima facie opinion of the institute of chartered accountants dated 04.12.2018, the ministry of corporate affairs filed a petition under section 130 of the companies act, 2018 before the nclt praying inter alia that the books of accounts of il&fs, ifin and il&fs transportation networks limited (itnl) may be re-opened and ..... or other misconduct" to have the same meaning as prescribed under the chartered accountants act, 1949 ("ca act"). .....
Tag this Judgment!Court : Karnataka
..... premises licence under rule 109 of the amusement rules; (viii) licence to keep a place of public entertainment under section 33(1) clauses (w) and (y) of the bombay police act, 1951 and the said entertainment rules; (ix) fl iii licence under the bombay prohibition act, 1949 and rule 45 of the bombay foreign liquor rules, 1953 or a form e licence under the special permits and licences rules for selling or serving imfl and beer; ..... expression; right of assemble; right to form associations or unions; right to move freely throughout the territory of india; right to reside and settle in any part of india and right to practice any profession or carry on any trade or business are all available for citizens only albeit they being available with imposition of reasonable restrictions. ..... to do the legislature has evinced an intent that an attachment is authorised not merely because it is expedient to do so (or profitable or practicable for the revenue to do so) but because it is necessary to do so in order to protect interest of the government revenue. ..... the appellant had, however, sought to highlight before us the unhealthy practice of the customers showering money on the dancers during the performance, ..... that the right under article 19(1)(g) is affected when in effect and in substance , the impugned measures brought about a total stoppage of 57 business, both, in a commercial sense and from a practical point of view, even though there was no prohibition in form and (ii) bennett coleman & co. v. .....
Tag this Judgment!Court : Karnataka
..... a divorcee between the age of 35 to 45 and who intends to avail the surrogacy; section 2(1)(v) defines oocyte to mean naturally ovulating oocyte in the female genetic tract; section 2(1)(zd) defines surrogacy to mean a practice whereby one woman bears and gives birth to a child for an intending couple after the birth; section 2(1)(r) defines an intending couple to mean a couple who have a medical indication necessitating gestational surrogacy and who ..... to the intending couple after the birth; (zf) surrogacy procedures means all gynaecological, obstetrical or medical procedures, techniques, tests, practices or services involving handling of human gametes and human embryo in surrogacy; (zg) surrogate mother means a woman who agrees to bear a child (who is genetically related to the intending couple or intending ..... surrogacy; (v) oocyte means naturally ovulating oocyte in the female genetic tract; (x) prescribed means prescribed by rules made under this act; (zb) state board means the state assisted reproductive technology and surrogacy board constituted under section 26; 15 (zd) surrogacy means a practice whereby one woman bears and gives birth to a child for an intending couple with the intention of handing over such child ..... only from the language of the statute, but also from a consideration of the social conditions which gave rise to it, and of the mischief which it was passed to remedy, 1 1949(2) all.e.r. .....
Tag this Judgment!Court : Karnataka
..... relied on judgments under other statutes like the companies act, 1956, the banking regulation act, 1949 and the provincial insolvency act, 1920 with provisions corresponding to section 60(5). ..... but where, as in this country and unlike in england, there is a written constitution which constitutes the fundamental and in that sense a higher law and acts as a limitation upon the legislature and other organs of the state as grantees under the constitution, the usual incidents of parliamentary sovereignty do not obtain and the concept is one ..... the learned additional advocate general would submit that the tribunal could not have acted as a constitutional court to suspend the order or the proceeding of the state government and permit ..... (2020) 13 scc308 , where this court held that nclt and nclat did not have jurisdiction over a dispute arising under the mines and minerals (development and regulation) act, 1957, in relation to the refusal of the state of karnataka to extend a mining lease. ..... it was felt that the government interest under forest (conservation) act 1980 could be safe guarded if the bangalore electrictiy supply company (bescom) withheld the revenue likely to be shared with the user agency for the power generation to the tune of approximately rs.370.00 lakh ..... our attention has also been drawn to section 86(1)(f) of the electricity act, which provides that gerc shall discharge the function of adjudicating the disputes between the licensees, and generating companies and to refer any .....
Tag this Judgment!Court : Supreme Court of India
..... security clearance must be subject to the limitations prescribed in 15 part b article 19(2) of the constitution read with section 4(6) of the cable television networks (regulations) act 1995; and (c) paragraphs 5.2 and 5.9 of the uplinking guidelines prescribe limited grounds of public interest and national security to suspend the permission granted for a specified period ..... that mbl has been taking an anti-establishment stance, references were made to its reports on uapa, armed forces (special powers) act, development projects of the government, encounter killings, citizenship (amendment) act, nrc, npr, the indian judiciary s alleged double standards in terrorism cases , and the alleged portrayal of security forces in ..... to the proceedings that it is in the interests of justice to use a closed procedure rather than to exclude the information 112 law commission, the crown in court: a review of the court proceedings act and national security information in proceedings (december 2015, wellington, new zealand) report 135 117 part j and have the case proceed without it. ..... the house of lords repudiated the functional distinction based on the nature of the adjudicating body and held that the duty to act judicially in compliance with the principles of natural justice can be inferred from the nature of the decision and not the nature ..... was submitted that it was a well-established practice for the trade unions to be consulted before ..... alfred denning, freedom under the law (stevens and sons 1949) p. .....
Tag this Judgment!Court : Supreme Court of India
..... the time frame contemplated under the master directions on frauds as well as the nature of the procedure adopted, it is reasonably 57 practicable for the lender banks to provide an opportunity of a hearing to the borrowers before classifying their account as fraud; vi. ..... time frames contemplated under the master directions on frauds as well as the nature of the procedure adopted, it is reasonably practicable for banks to provide an adequate opportunity of a hearing to the borrowers before classifying their account as fraud. ..... order allows an aggrieved party to demonstrate that the reasons which persuaded the authority to pass an adverse order against the interests of the aggrieved party are extraneous or perverse; and (ii) the obligation to record reasons acts as a check on the arbitrary exercise of the powers.58 the reasons to be recorded need not be placed on the same pedestal as a judgment of a court. ..... this court held that since the exercise of power under section 142(2-a) of the income tax act leads to serious civil consequences for the assesee, the requirement of observing the principles of natural justice is to be read into ..... , strictly adhere to the timeframe fixed in this circular for reporting of fraud cases to rbi failing which they would be liable for penal action prescribed under section 47(a) of the banking regulation act, 1949. ..... most cases, where the urgency is not so extreme, it is practicable to adjust and strike a balance between the competing claims of hurry .....
Tag this Judgment!Court : Supreme Court of India
..... as had been done in the case of arup bhuyan (supra) and raneep (supra) that mere membership of a banned organization will not incriminate a person unless he resorts to violence or incites people to violence and does an act intended to create disorder or disturbance of public peace by resort to violence meaning thereby over and above the membership of a banned organization there must be a mens rea required to be established and proved and/or there must be ..... be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine; and (b) a person, who is or continues to be a member of such association, or voluntarily does an act aiding or promoting in any manner the objects of such 78 association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits any ..... be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine; and (b) a person, who is or continues to be a member of such association, or voluntarily does an act aiding 52 or promoting in any manner the objects of such association and in either case is in possession of any unlicensed firearms, ammunition, explosive or other instrument or substance capable of causing mass destruction and commits any ..... there must be reasonable ground to fear that serious evil will result if free speech is practiced. ..... (1957) 41 338 us604(1949) 42 paragraph 8. .....
Tag this Judgment!Court : Supreme Court of India
..... 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 land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under ..... year 1975-1976 to its class iii and iv employees in accordance with the said judgment of the calcutta high court as it was not absolved of the obligations imposed by the said judgment despite the parliament passing an act subsequent thereto on the ground that the judgment of the calcutta high court was binding on the parties thereto. ..... (2) notwithstanding anything contained in sub- section (1), in case of land acquisition proceedings initiated under the land acquisition act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, ..... anath nath mitter 1949 fcr36 a five-judge bench decision of the federal court was alluded to, wherein it was observed that if a decision is erroneous in law, the same is certainly no ground for ordering review. .....
Tag this Judgment!