Court : Supreme Court of India
..... that: (i) section 10a creates a bar to the 'filing of applications' under sections 7, 9 and 10 in relation to defaults committed on or after 25 march 2020 for a period of six months, which can be extended up to one year; (ii) the ordinance and the act which replaced it do not provide for the retrospective application of section 10a either expressly or by necessary implication to applications which had already been filed and were pending on 5 june 2020; (iii) section 10a prohibits the ..... the nclat affirmed the decision of the national 1 company law tribunal ( nclt or adjudication authority ) dated 9 july 2020, holding that in view of the provisions of section 10a, which have been inserted by act 17 of 2020 (the amending act ) with retrospective effect from 5 june 2020, the application filed by the appellant as an operational creditor under section 9 was not maintainable. ..... another employment agreement was entered into on 16 december 2013, effective from 1 january 2014, which superseded the previous agreement. ..... in the present case, the preamble to the ordinance clearly recites the state of facts which necessitated the enactment of the law in question, and section 3 fixed the duration of the act as two years, on an understanding of the situation as it then existed. ..... the employment agreement dated 16 december 2013 was coupled with an incentive agreement signed on the same date. ..... the ordinance and the amending act enacted by parliament, adopt 25 march 2020 as the cut-off date. .....
Tag this Judgment!Court : Karnataka
..... state of tamil nadu, in crl.a.no.152/2013 dated 29.10. ..... further annexure at r-21, the certificate issued by the magistrate under section 52a(3) of the act, shows that the seized contraband was weighed in the open court and the - 6 - sample was taken for sending to crcl new delhi, for chemical ..... the reference by stating: (i) that the officers who are invested with powers under section 53 of ndps act are police officers within the meaning of section 25 of the evidence act, as a result of which any confessional statement made to them would be barred under the provisions of section 25 of the evidence act, and cannot be taken into consideration in order to convict an accused under the ndps act. ..... part of the said section is in the negative form prescribing the enlargement of bail to any person accused of commission of an offence under the act, unless twin conditions are satisfied. ..... the contraband seized is a commercial quantity and therefore section 37 of the ndps act, is applicable to the case of the petitioner.11. ..... enlarge the petitioner on bail in reference ncb.f.no.48/1/18/2020/bzu, registered by the narcotics control bureau, bengaluru zonal unit, for offences punishable under sections 8(c), 20(b), 27, 27a, 28 and 29 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as ndps act for short).2. ..... other law for the time being in force, regulating the grant of bail, its liberal approach in the matter of bail under the ndps act is indeed uncalled for.12. .....
Tag this Judgment!Court : Supreme Court of India
..... judgment of conviction dated 28.08.2020 and the order of sentence dated 15.09.2020, but at the same time it is to be noticed when the judgment is subsequently rendered on 22.09.2020 for the offence under section 7 of the act and further sentence is also imposed vide order dated 29.09.2020, the appellant had filed interlocutory application seeking amendment and the same was allowed by this court. ..... state of tamil nadu ..respondent ..... (2014) 13 scc55 in the aforesaid judgments of this court while considering the case under sections 7, 13(1)(d)(i) and (ii) of the prevention of corruption act, 1988 it is reiterated that to prove the charge, it has to be proved beyond reasonable doubt that accused voluntarily accepted money knowing it to ..... the appellant and learned counsel for the state of tamil nadu.6. ..... him on 09th and 10th of october 2003, such a demand was made, as such appellant being a public servant demanded and accepted illegal gratification on 10th of october 2003 as a motive or reward to do an official act in exercise of his official function and thereby he has committed misconduct which is punishable under sections 7, 13(2) and 13(1)(d) of the ..... the sole accused in special calendar case no.49 of 2011 on the file of special court for trial of prevention of corruption act cases, madurai, has filed these appeals, aggrieved by the conviction recorded vide judgment dated 28.08.2020 and 22.09.2020 and sentence imposed vide order dated 15.09.2020 and 29.09.2020 by ..... scc1: (2013) 2 scc .....
Tag this Judgment!Court : Supreme Court of India
..... refused to offer any suggestion, as such under the directions of the facilitator, the following resolutions came to be passed:- resolved that pursuant to applicable provisions of the companies act, 2013 as amended from time to time (including any statutory modification or re-enactment 32 thereof) and any other applicable rules, regulations, laws, circulars, the company do sell its ..... 40 pali hill, bandra west, mumbai cts no.1345/46/47/48, to maverick realty & developers llp for a consideration of rs.351,00,00,000/- (rupees three hundred and fifty one crores only) exclusive of stamp duty, registration charges and applicable taxes based on vacant and peaceful possession of the said property being made available to the said buyer, and on such other terms and conditions as may ..... such action of the person which he takes in pursuance of his right to take legal action in a court of law or in just making a demand on the other to make amends for his acts will not amount to interfering with the course of justice, even though that may require some action on the part of the other party in connection with his own judicial proceeding, as a party is ..... deciding on the maintainability of the petition, the interim order could not be passed, the clb observed, that under sections 397 and 398 of the companies act, it is well settled, that only if the maintainability is challenged either in terms of section 399 or jurisdiction of the clb, challenges on other grounds have to be considered along with .....
Tag this Judgment!Court : Karnataka
..... attention to the judgment of hon'ble apex court in the case of e.p.rayappa vs state of tamil nadu reported in air1974sc55to support her contention that impugned act passes the test of reasonability ..... 639139.2 the application for grant of the land now pending before the revenue authorities and it is yet to be adjudicated and also the fact that appeal filed against the order dated 20.05.2013 passed by the tahsildar now pending in appeal no100/2017 before the appellate tribunal, case of the petitioners would fall under clause (a) of the proviso to section 2(d) and as such ..... to have acquired title to the property bearing sy.no.130/7 measuring 8 guntas situated at kammasandra village, attibele hobli, anekal taluk under registered sale deed dated 27.07.2013 and the predecessor in title of the petitioner had acquired the same under registered sale deed dated 19.11.2007, by which time, the land measuring was ..... . petitioners-1 and 2 are said to have purchased the property to the extent mentioned in the sale deed dated 11.07.2013 in sy.no.123, 124, 126, 127, 129 & 132 of narayanaghatta village, sarjapura hobli, anekal taluk and have converted the said property to residential purposes by the 642 ..... . the hon ble apex court in ghcl employees stock option trust vs india infoline limited & others reported in (2013)4 scc505has held that magistrate who issued summons by not recording the satisfaction about primafacie case against the respondents was illegal and amounted to abuse of process of law as summoning of .....
Tag this Judgment!Court : Karnataka
..... attention to the judgment of hon'ble apex court in the case of e.p.rayappa vs state of tamil nadu reported in air1974sc55to support her contention that impugned act passes the test of reasonability ..... 639139.2 the application for grant of the land now pending before the revenue authorities and it is yet to be adjudicated and also the fact that appeal filed against the order dated 20.05.2013 passed by the tahsildar now pending in appeal no100/2017 before the appellate tribunal, case of the petitioners would fall under clause (a) of the proviso to section 2(d) and as such ..... to have acquired title to the property bearing sy.no.130/7 measuring 8 guntas situated at kammasandra village, attibele hobli, anekal taluk under registered sale deed dated 27.07.2013 and the predecessor in title of the petitioner had acquired the same under registered sale deed dated 19.11.2007, by which time, the land measuring was ..... . petitioners-1 and 2 are said to have purchased the property to the extent mentioned in the sale deed dated 11.07.2013 in sy.no.123, 124, 126, 127, 129 & 132 of narayanaghatta village, sarjapura hobli, anekal taluk and have converted the said property to residential purposes by the 642 ..... . the hon ble apex court in ghcl employees stock option trust vs india infoline limited & others reported in (2013)4 scc505has held that magistrate who issued summons by not recording the satisfaction about primafacie case against the respondents was illegal and amounted to abuse of process of law as summoning of .....
Tag this Judgment!Court : Karnataka
..... attention to the judgment of hon'ble apex court in the case of e.p.rayappa vs state of tamil nadu reported in air1974sc55to support her contention that impugned act passes the test of reasonability ..... 639139.2 the application for grant of the land now pending before the revenue authorities and it is yet to be adjudicated and also the fact that appeal filed against the order dated 20.05.2013 passed by the tahsildar now pending in appeal no100/2017 before the appellate tribunal, case of the petitioners would fall under clause (a) of the proviso to section 2(d) and as such ..... to have acquired title to the property bearing sy.no.130/7 measuring 8 guntas situated at kammasandra village, attibele hobli, anekal taluk under registered sale deed dated 27.07.2013 and the predecessor in title of the petitioner had acquired the same under registered sale deed dated 19.11.2007, by which time, the land measuring was ..... . petitioners-1 and 2 are said to have purchased the property to the extent mentioned in the sale deed dated 11.07.2013 in sy.no.123, 124, 126, 127, 129 & 132 of narayanaghatta village, sarjapura hobli, anekal taluk and have converted the said property to residential purposes by the 642 ..... . the hon ble apex court in ghcl employees stock option trust vs india infoline limited & others reported in (2013)4 scc505has held that magistrate who issued summons by not recording the satisfaction about primafacie case against the respondents was illegal and amounted to abuse of process of law as summoning of .....
Tag this Judgment!Court : Karnataka
..... attention to the judgment of hon'ble apex court in the case of e.p.rayappa vs state of tamil nadu reported in air1974sc55to support her contention that impugned act passes the test of reasonability ..... 639139.2 the application for grant of the land now pending before the revenue authorities and it is yet to be adjudicated and also the fact that appeal filed against the order dated 20.05.2013 passed by the tahsildar now pending in appeal no100/2017 before the appellate tribunal, case of the petitioners would fall under clause (a) of the proviso to section 2(d) and as such ..... to have acquired title to the property bearing sy.no.130/7 measuring 8 guntas situated at kammasandra village, attibele hobli, anekal taluk under registered sale deed dated 27.07.2013 and the predecessor in title of the petitioner had acquired the same under registered sale deed dated 19.11.2007, by which time, the land measuring was ..... . petitioners-1 and 2 are said to have purchased the property to the extent mentioned in the sale deed dated 11.07.2013 in sy.no.123, 124, 126, 127, 129 & 132 of narayanaghatta village, sarjapura hobli, anekal taluk and have converted the said property to residential purposes by the 642 ..... . the hon ble apex court in ghcl employees stock option trust vs india infoline limited & others reported in (2013)4 scc505has held that magistrate who issued summons by not recording the satisfaction about primafacie case against the respondents was illegal and amounted to abuse of process of law as summoning of .....
Tag this Judgment!Court : Karnataka
..... attention to the judgment of hon'ble apex court in the case of e.p.rayappa vs state of tamil nadu reported in air1974sc55to support her contention that impugned act passes the test of reasonability ..... 639139.2 the application for grant of the land now pending before the revenue authorities and it is yet to be adjudicated and also the fact that appeal filed against the order dated 20.05.2013 passed by the tahsildar now pending in appeal no100/2017 before the appellate tribunal, case of the petitioners would fall under clause (a) of the proviso to section 2(d) and as such ..... to have acquired title to the property bearing sy.no.130/7 measuring 8 guntas situated at kammasandra village, attibele hobli, anekal taluk under registered sale deed dated 27.07.2013 and the predecessor in title of the petitioner had acquired the same under registered sale deed dated 19.11.2007, by which time, the land measuring was ..... . petitioners-1 and 2 are said to have purchased the property to the extent mentioned in the sale deed dated 11.07.2013 in sy.no.123, 124, 126, 127, 129 & 132 of narayanaghatta village, sarjapura hobli, anekal taluk and have converted the said property to residential purposes by the 642 ..... . the hon ble apex court in ghcl employees stock option trust vs india infoline limited & others reported in (2013)4 scc505has held that magistrate who issued summons by not recording the satisfaction about primafacie case against the respondents was illegal and amounted to abuse of process of law as summoning of .....
Tag this Judgment!Court : Karnataka
..... attention to the judgment of hon'ble apex court in the case of e.p.rayappa vs state of tamil nadu reported in air1974sc55to support her contention that impugned act passes the test of reasonability ..... 639139.2 the application for grant of the land now pending before the revenue authorities and it is yet to be adjudicated and also the fact that appeal filed against the order dated 20.05.2013 passed by the tahsildar now pending in appeal no100/2017 before the appellate tribunal, case of the petitioners would fall under clause (a) of the proviso to section 2(d) and as such ..... to have acquired title to the property bearing sy.no.130/7 measuring 8 guntas situated at kammasandra village, attibele hobli, anekal taluk under registered sale deed dated 27.07.2013 and the predecessor in title of the petitioner had acquired the same under registered sale deed dated 19.11.2007, by which time, the land measuring was ..... . petitioners-1 and 2 are said to have purchased the property to the extent mentioned in the sale deed dated 11.07.2013 in sy.no.123, 124, 126, 127, 129 & 132 of narayanaghatta village, sarjapura hobli, anekal taluk and have converted the said property to residential purposes by the 642 ..... . the hon ble apex court in ghcl employees stock option trust vs india infoline limited & others reported in (2013)4 scc505has held that magistrate who issued summons by not recording the satisfaction about primafacie case against the respondents was illegal and amounted to abuse of process of law as summoning of .....
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