Court : Supreme Court of India
..... to determine the policy and give directions, are circumscribed by the words relating to income recognition, accounting standards, making of proper provision for bad and doubtful debts, capital adequacy based on risk weights for assets and credit conversion factors for off balance sheet items and also relating to deployment of funds ..... give directions to all or any of the non banking financial companies relating to income recognition, accounting standards, making of proper provision for bad and doubtful debts, capital adequacy based on risk weights for assets and credit conversion factors for off balance sheet items and also relating to deployment of funds ..... rate of interest reasons in writing for effecting moratorium and sanctioning interest free loans revisions on the guidelines of sections 21 and 35a securitisation of standard assets securitisation transactions of the banking clause 1.2: minimum holding period incorporated in the reserve regulation act, loans to be securitised only after .....
Tag this Judgment!Court : Supreme Court of India
..... basis to challenge the validity of the amended provision. for, it is open to the parliament to change the benchmark of restriction from higher standard to lower standard or vice versa on the basis of the exigencies and experience gained during the implementation of the applicable provision at the relevant time.53. ..... be said to be irrational, arbitrary, discriminatory, or unreasonable restriction as such.65. the restriction or complete prohibition on transfer to third party, by no standards deprive acceptance of foreign contribution and utilisation thereof in the manner permitted for definite purposes, such as cultural, economic, educational or social programme. such a ..... choice in the country. the fundamental basis of assail to the amended provisions, therefore, falls to the ground. (aa) the respondents have relied on the standard operating procedure (sop) issued by the appropriate authority in regard to the opening of fcra account in the designated branch (sbi, ndmb) to receive the .....
Tag this Judgment!Court : Supreme Court of India
..... requirement. there would be no way, therefore, to determine whether the investigation report was properly compiled and whether the investigation was conducted in a regular manner, in accordance with the standards of what a proper investigation entails; (xii) redaction of the investigation report can be carried out as an exception for legitimate reasons. to reduce arbitrariness, the redactions should 12 part ..... enforcement authority for the determination of the alleged violation. 41 part c42in khudiram das (supra), a four-judge bench of this court laid down a two-prong test for the standard of relevancy ; firstly, the material must have nexus with the order and secondly, the material might have influenced the decision of the authority. a constitution bench of this court in .....
Tag this Judgment!Court : Supreme Court of India
..... classes in services with due regard to administrative efficiency is permissible object and backward classes are a rational classification recognised by our constitution. therefore, differential treatment in standards of selection are within the concept of equality. the majority of the judges accepted that special provisions (including reservation) made for the benefit of any class are ..... sections of the population. this can reinforce and augment the tendency towards inequality that might be present even with an objective function that inter alia, attaches some weight to lower inequality levels 49 a similar understanding of merit was advanced by this court in bk pavithra (supra), where this court held: 131. once we ..... an equal opportunity 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 one. .....
Tag this Judgment!Court : Supreme Court of India
..... be recognised contextually with divided debates about the 2016 us presidential elections and brexit two important events with effects beyond their territorial limits. the obfuscation of facts, abandonment of evidentiary standards in reasoning, and outright lying in the public sphere left many aghast. a lot of blame was sought to be placed at the door of social media, it being a ..... spread on facebook s platforms. facebook bans individuals and groups that proclaim a hateful and violent mission from having a presence on its platforms. facebook seeks to apply its comprehensive standards uniformly and has identified a range of such individual and groups across the globe. facebook has also built some of the most advanced systems in the world to protect its .....
Tag this Judgment!Court : Supreme Court of India
..... refer to them individually would be a parade of the familiar has firmly established that any reasonable restriction on fundamental rights must comport with the proportionality standard, of which one component is that the measure adopted must be the least restrictive measure to effectively achieve the legitimate state aim. subjecting an individual ..... submissions on behalf of the state and the union and submitted that the severity and magnitude of the pandemic called for strict adherence to the journalistic standards and observance of restraint; that it was the fake and inaccurate reporting that triggered the migration of workers; that the petitioner definitely intended to ..... compromise between the interest of freedom of expression and special interests. but we cannot simply balance the two interests as if they are of equal weight. our commitment of freedom of expression demands that it cannot be suppressed unless the situations created by allowing the freedom are pressing and the community .....
Tag this Judgment!Court : Supreme Court of India
..... its objectives by ensuring:12. part c (i) symmetry of information between promoters and purchasers; (ii) transparency of contractual conditions; (iii) threshold standards of standardization of accountability; and (iv) a fast-track dispute resolution mechanism. besides the statement of objects and reasons, the long title to the legislation dwells ..... matters connected therewith or incidental thereto. 10 as such, the legislative background underlying the enactment of the rera demonstrates a clear emphasis on: (i) standardization; (ii) uniformity; and (iii) symmetry of information. these elements provide the justification for enacting a comprehensive legislation which is uniformly applicable to all ..... not include the raw materials used in the industry or the distribution of the products of the industry. given the constitutional framework, and the weight 15 air1962sc104416 (2002) 9 scc232118 part h of judicial authority it is not possible to accept an argument canvassing a wider meaning of the .....
Tag this Judgment!Court : Supreme Court of India
..... the 161 approving votes must fulfil the requisite percentage of voting share. the court also held that the amendment to section 30(4), prescribing new qualifying standard for approval of resolution plan was neither retrospective in operation nor was having retroactive effect. the court also rejected the suggestion for different percentage of voting share ..... of any liability in respect of any lease or hire purchase contract which is deemed as a finance or capital lease 118 under the indian accounting standards or such other accounting standards as may be prescribed; (e) receivables sold or discounted other than any receivables sold on non-recourse basis; (f) any amount raised under ..... the final solution by majority vote in the negotiations. the majority vote requires more than or equal to 75 per cent 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. the .....
Tag this Judgment!Court : Supreme Court of India
..... placing material before the chief justice/his designate. this categorically establishes that prima facie case is relatable to establishment of initial presumption, rather than an evidentiary standard.64. the 246th law commission report, in respect of scope and nature of pre arbitral judicial intervention, states as under: 28. the act recognizes situations ..... an end to the arbitration clause, was not disagreed to by the majority. on the other hand, proposition (6) seems to be laying the weight on to the views of sarkar, j.these decisions were under the arbitration act,1940. the arbitration act specifically incorporates principles of separation and competence-competence ..... are obstructionists. a party must have its say in the court, unless he has agreed to arbitrate. a good legal order must decide what weight be given to these competing values and how to structure the process to maximize overall value by 108 reducing opportunities for obstructionism while preserving legitimate claims .....
Tag this Judgment!Court : Supreme Court of India
..... to arrest is conferred on the police officer, under section 41, then, in every special enactment, such as the food adulteration act, income-tax act, food safety and standards act, customs act, etc., the police will arrest under section 41 of the crpc, 127 register a case and file a final report. the special provisions of those ..... within the meaning of section 320 of the indian penal code (45 of 1860), solely on account of such drug being adulterated or spurious or not of standard quality, as the case may be, shall be punishable with imprisonment for a term which shall not be less than ten years but which may extend to ..... the case of establishments licensed to manufacture products specified in schedules c and c (1) to inspect the plant and the process of manufacture, the means employed for standardizing and testing the drug, the methods and place of storage, the technical qualifications of the staff employed and all details of location, construction and administration of the establishment .....
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