Court : Supreme Court of India
..... or a securities market regulator or other financial sector regulator of a jurisdiction outside india which jurisdiction is compliant with the financial action task force standards and is a signatory to the international organisation of securities commissions multilateral memorandum of understanding; (c) any investment vehicle, registered foreign institutional investor, ..... 27 shall submit to the resolution professional an estimate of the fair value and of the liquidation value computed in accordance with internationally accepted valuation standards, after physical verification of the inventory and fixed assets of the corporate debtor; (b) if in the opinion of the resolution professional, the ..... the final solution by majority vote in the negotiations. the majority vote requires more than or equal to 75% of the creditors committee by weight of the total financial liabilities. the majority vote will also involve a cram down option on any dissenting creditors once the majority vote is obtained .....
Tag this Judgment!Court : Supreme Court of India
..... principles of natural justice, we are now required to assess if the restriction on procedural guarantees is reasonable on an application of the 59 part g proportionality standard. the proportionality standard as laid down by this court in modern dental (supra) is as follows: (i) the measure restricting a right must have a legitimate goal (legitimate ..... is a real possibility that that the activities harm national security; (iii) the secretary of state is in the best position to assess the security threat. due weight must be given to his assessment. however, his decision is open to review on the above two grounds; and (iv) it was held in council of ..... proportionality, and strict scrutiny. 49 reasonableness is a normative concept that is identified by an evaluation of the relevant considerations and balancing them in accordance with their weight.38 it is value oriented and not purpose oriented. that is why the courts have been more than open in identifying that the action is unreasonable rather .....
Tag this Judgment!Court : Supreme Court of India
..... region. these principles were accepted by the chief justices of asia and the pacific at beijing in 1995 (*) (as amended at manila, 28th august, 1997) as those representing the minimum standards necessary to be observed in order to maintain the independence and effective functioning of 245 the judiciary. the objectives of the judiciary mentioned in the beijing statement are: objectives of ..... shall be elected by electorates consisting of persons who have been for at 168 least three years engaged in teaching in such educational institutions within the state, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by parliament;(d) as nearly as may be, one-third shall be elected by .....
Tag this Judgment!Court : Supreme Court of India
..... converted into an apartment on account of the fact that "the chandigarh apartment rules 2001" now stand repealed. however, the architectural controls and building bye laws are of the highest standards, even otherwise the estate office maintains a strict vigil on the construction activities/ compliance of rules and building bye laws in ut chandigarh. therefore, contrary to the claims of the ..... his latest novel were penciled in odd places.3. an odd piece, bit, or scrap. v.i.4. to disintegrate; collapse or break into fragments: the chair fragmented under his weight. v.t.5. to break (something) into pieces or fragments; cause to disintegrate: the vase was fragmented in shipment. outside influences 93 soon fragmented the culture.6. to divide into .....
Tag this Judgment!Court : Supreme Court of India
..... in a matter relating to the disclosures contained in what came to be known as jain diaries . after taking note of the report of lord nolan on standards in public life , this court issued certain directions, though confined only to the central bureau of investigation, enforcement directorate and prosecution agency. but lord nolan s ..... if ever, might there be a legally justified limitation of that right?. is the right an absolute bar or trump against inconsistent action and, if not, what presumptive weight attaches to it?. how, when, and why can the presumption be rebutted?. collectively, by constituting and expressing 26 the underlying structure of the right to free speech ..... to know what is going on inside the courtrooms. these aspects come within the scope of article 19(1) and article 21. when rights of equal weight clash, the courts have to evolve balancing techniques or measures based on recalibration under which both the rights are given equal space in the constitutional scheme and .....
Tag this Judgment!Court : Supreme Court of India
..... with provisions of the constitution, wednesbury unreasonableness, unfair procedure, proportionality, or other grounds of administrative law review (executive action).20. logically, then, the applicable standard of review of constitutional amendments should be higher also because the procedure adopted to amend, under article 368, is special, and requires two-third majority in favour ..... to compete with the race horse. indeed that is denied to it. so a handicap may be given either in the nature of extra weight or a start from a longer distance. by doing so, what would otherwise have been a farce of a competition would be made a real ..... contributes to educational backwardness; educational backwardness perpetuates social backwardness; and both are often no more than the inevitable corollaries of the extremes of poverty and the deadening weight of custom and tradition .. [emphasis supplied].63. in m.r. balaji (supra), gajendrakadkar j.said that: ..social backwardness is on the ultimate analysis .....
Tag this Judgment!Court : Supreme Court of India
..... regulators c.1. the income and receipts of statutory regulatory bodies which are for instance, tasked with exclusive duties of prescribing curriculum, disciplining professionals and prescribing standards of professional conduct, are prima facie not business or commercial receipts. however, this is subject to the caveat that if the assessing authorities discern that certain ..... and professions (including the profession of cost and work accountants, and company secretary, etc.) is the powers conferred upon them by the statutes to prescribe standards and enforce them through disciplinary sanctions. therefore, it is held that bodies which regulate professions and are created by or under statutes which are enjoined ..... in matters administrative but not quasi-judicial. there is yet another decision of a three judge bench which seems to make a dent on the weight of the proposition that the circulars of the board, even if they are plainly contrary to the provisions of the act, should be given effect .....
Tag this Judgment!Court : Supreme Court of India
..... sight of maximization of value of assets. also, even though this is a private sale as opposed to sale by a government authority, we are of the opinion that the standards and norms of transparency, fairness and responsibility should be adopted without any qualification or reservation and all prospective bidders should get page 9 of 59 civil appeal no.7722 of .....
Tag this Judgment!Court : Supreme Court of India
..... act, 1986 (29 of 1986) section description of offence 514 15 read with penalty for discharging environmental section 7 pollutants, etc., in excess of prescribed standards. 15 read with penalty for handling hazardous substances section 8 without complying with procedural safeguards. paragraph26offences under the water (prevention and control of pollution) act, ..... of the financial action task force and asia pacific group on money-laundering, which are committed to the effective implementation and enforcement of internationally accepted standards against money- laundering and the financing of terrorism. consequent to the submission of an action plan to the financial action task force to bring ..... has been placed on municipal corporation of delhi vs. gurnam kaur320 to state that the casual expressions of a judge in the judgment carry no weight at all. (lxxviii) it is further submitted that the interpretation of the court in nikesh tarachand shah321 is erroneous, because it ignores the non .....
Tag this Judgment!Court : Supreme Court of India
..... concentration of the most dynamic entrepreneurs. yet these game changers and growth drivers are crippled by an environment that takes some of the longest times and highest costs by world standards to resolve any problems that arise while repaying dues on debt. .the recovery rates obtained in india are among the lowest in the world. when default takes place, broadly speaking ..... in any negotiated solution. 18 v. the code will respect the rights of all creditors equally. (10) the law must be impartial to the type of creditor in counting their weight in the vote on the final solution in resolving insolvency. vi. the code must ensure that, when the negotiations fail to establish viability, the outcome of bankruptcy must be binding .....
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