Court : Supreme Court of India
..... an explanation to the said section was added and was deemed always to have been incorporated by the tamil nadu panchayats (amendment and miscellaneous provisions) act, 1964 (amending act) which provided as under: explanation- in this section and in section 116, land revenue means public revenue due on land and includes water cess payable to the government for water supplied or used ..... the imposition known by its nature which prescribes the taxable event attracting the levy, the second is a clear indication of the person on whom the levy is imposed and who is obliged to pay the tax, the third is the rate at which the tax is imposed, and the fourth is the measure or value to which the rate will be applied for computing the tax liability. ..... 2007 with civil appeal no.3401 of 2008 with civil appeal no.3400 of 2008 with civil appeal no.3402 of 2008 3 with civil appeal no.8311 of 2011 with civil appeal no.4293 of 2012 with civil appeal no.2055 of 2009 with t.p. ..... ensures that the proprietor obtains a fixed 140 government of india, ministry of mines, mineral royalties 27 (january 2011) 67 part f rent from the lessee even if the mine remains unworked. ..... 2009 with civil appeal no.4479 of 2010 with civil appeal no.4478 of 2010 with civil appeal no.3643 of 2011 with civil appeal nos. ..... steel authority of india, (2011) 4 scc450 ( mineral area development authority ) wherein this court was of the view that the matter has to be considered by a bench of nine judges and hence, the following questions of .....
Tag this Judgment!Court : Supreme Court of India
..... i also record that the states of bihar, kerala, madhya pradesh, haryana, tamil nadu, delhi, andhra pradesh, rajasthan, odisha, west bengal and karnataka had earlier expressed reservations against field testing and release of transgenic mustard ..... dmh-11 that has been planted pursuant to the environment clearance issued in 147th meeting of respondent no.2 held on 18.10.2022 and the subsequent approval letter number f.no.c-12013/35/2010-csiii dated 25.10.2022; and, fourthly, a direction is sought that the tec report recommendation be adopted and to ban all ht crops and crops for which india is a centre of origin/diversity. ..... hybrids released using this technology shall also be regulated under seed act 1966 and related rules and regulations, its amendments and gazette notification from time to time as applicable. ..... 23.5 the food safety and standards (food products standards and food additives) regulations, 2011 (hereinafter referred to as, the food safety regulations, 2011 ) have been framed under section 92(2)(e) read with section 16 of the fssa, 2006 ..... how the contemporary environmental challenges such as the climate change crisis could be effectively addressed through a creative synergy of constitutional values of fairness, accountability and writ petition (civil) no.115 of 2004 etc. ..... not enumerated in list ii or list iii including any tax not mentioned in either of those lists. ..... be free from the seeds of argemone maxicana l, any other harmful substances and added colouring matter. .....
Tag this Judgment!Court : Supreme Court of India
..... of the corporate debtor) and financial instruments, civil appeal no.4565 of 2021 page 33 of 42 insurance policies, contractual rights; (e) assets subject to the determination of ownership by the court or authority; (f) any assets or their value recovered through proceedings for avoidance of transactions in accordance with this chapter; (g) any asset of the corporate debtor in respect of which a secured creditor has relinquished security interest; (h) any other property belonging to or vested in the ..... made against the claim raised by acil as it was an unsecured financial creditor primarily because the liquidation value of the 2nd respondent- corporate debtor is much lower than the total claim amount of the secured ..... (1) or within such period as provided for in such law, whichever is later: provided that where the resolution plan contains a provision for combination, as referred to in section 5 of the competition act, 2002, the resolution applicant shall obtain the approval of the competition commission of india under that act prior to the approval of civil appeal no.4565 of 2021 page 25 of 42 such resolution plan by the committee of creditors. ..... the ground of subrogation was made by way of an amendment to the memorandum of this appeal; therefore, the contention not ..... it may here be added that even as a result of the nationalisation act the liability of the ..... under the agreement dated 5th january 2011, the financial creditor granted the corporate debtor a loan of rs. ..... income tax, .....
Tag this Judgment!Court : Supreme Court of India
..... the submission of the learned counsel for the respondent that after insertion of sub-section (6-a) to section 11 of the amendment act, 2015 the jurisdiction of this court is denuded and the limited mandate of the court is to examine the factum of existence of an arbitration and relied on the judgment in duro felguera, s.a. v. ..... given the fact that there was no protest or demur raised around the time or soon after the letter of subrogation was signed, that the notice dated 31.03.2011 itself was nearly after three weeks and that the financial condition of the respondent was not so precarious that it was left with no alternative but to accept the terms as suggested, we are of the firm view ..... 3792/2024 & 7220/2024 page 69 of 85 decree no.2011- 48 of 13 january 2011 reforming the law governing arbitration, the concept of negative competence-competence was codified based on the decision of court of appeal in colmar impex v. ..... reported in (2011) 12 scc349 this court held that while deciding an application under section 11(6) of the act, 1996, the referral court must satisfy itself that the allegations raised against the full and final discharge voucher were at least prima facie bona fide and genuine. ..... state of gujarat reported in (2011) 2 scc400 it was re-iterated that the mere issuance of the no-dues certificate would not operate as a bar against the raising of genuine claims even after the date of issuance of such certificate. .....
Tag this Judgment!Court : Supreme Court of India
..... any of the armed forces of the union; or (g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of india which, if committed in india, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in india; or (h) ..... carried out under the authority of an authorisation issued under rule 126(l)(2) of the defence of india (amendment) rules, 1963 (gold control rules) for search of the premises of the appellant. ..... section 34 of income tax act, 1922 inter alia provides that the income tax officer must have reason to believe that the incomes, profits or gains chargeable to income tax have been underassessed, then alone he can take action under section ..... rule of interpretation, criminal appeal no.2493 of 2024 page 46 of 64 penal provisions must be interpreted strictly.49 secondly, any undue indulgence and latitude to the doe will be deleterious to the constitutional values of rule of law and life and liberty of persons. ..... state of bihar and others, air1968sc1509 53 (2011) 4 scc1 criminal appeal no.2493 of 2024 page 49 of 64 extraneous considerations can ..... fourthly, judicial review is permissible to check improper ..... of 2024 page 63 of 64 the questions framed above, if required, can be reformulated, substituted and added to.88. .....
Tag this Judgment!Court : Supreme Court of India
..... person referred to in sub- section (3) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the citizenship (amendment) act, 1985(65 of 1985), or from the date on which he has been detected to be a foreigner, whichever is later, a declaration that he does not wish to be governed by the provisions of that sub- ..... the provisions of section 8 (a) if any person referred to in sub- section (2) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the citizenship (amendment) act, 1985 (65 of 1985), a declaration that he does not wish to be a citizen of india, such person shall not be deemed to have become a citizen of india under that sub-section; (b) if any ..... before the inquiry officer, the case was referred to the tribunal and after service of notice, the appellant had appeared on 18.07.2011 and prayed for time to file written statement which was allowed and the 2 26. ..... in other words, when the competent legislature mandates taxing certain persons/certain objects in certain circumstances, it ..... of course, at such stage, the evidentiary value of the material would not be required to be ..... uphold the individual human rights and dignity as provided for under the un declaration of human rights by insisting upon scrupulous compliance with the provisions of the act for the purpose of upholding the democratic values. .....
Tag this Judgment!Court : Supreme Court of India
..... in this batch of appeals, are hereby set aside; (b) consequently, the writ petitions filed by the respondents on the ground that there is non compliance of the procedure mandated by section 5a of the 1894 act are hereby dismissed without any order as to costs; (c) the compensation amount, if already not paid, fully or partly, as per the award of the collector, shall be paid to the respondents and other ..... introduced later by the land acquisition (amendment) act, 1923, to rectify the defect ..... respondents and other land owners/tenure holders are entitled to be paid compensation in accordance with section 24(1) read with other relevant provisions of the 2013 act; and (f) since the respondents have been pursuing their objections filed under section 5a of the 1894 act in a bona fide manner, they shall be entitled to seek reference, if already not filed, for further enhancement of compensation and the limitation period ..... it was urged that the respondents falling in the second, third, and fourth categories, namely, those who did not object, accepted compensation, or are subsequent purchasers, do not have locus standi and/or ..... being upheld by this court due to exigency or for regulated development of the area, in that case, the land owners be held entitled to receive compensation at the current market value and in accordance with the provisions of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (hereinafter 2013 act). ..... 2011 ..... 2011 ..... 2011 .....
Tag this Judgment!Court : Supreme Court of India
..... read as during or for and this cannot be done because words cannot be construed contrary to their meaning as the word within would mean on or before , not beyond and, therefore, it was held that the act would mean that on or before the expiration of the iddat period, the husband is bound to make and pay maintenance to the wife and if he fails to do so then the wife is entitled to recover ..... obligation to determine the interim maintenance within a period of 60 days while dealing with a petition under section 125 of crpc1973 moreover, failure to comply with such order passed under section 3(2) of the 1986 act may lead to issuance of a warrant for levying the amount of maintenance as directed under the said order and may also sentence him to imprisonment till the payment is made or for a term which ..... this amendment to section 125 of the crpc being subsequent to the enforcement of the 1986 act, is so significant that it virtually makes section 3 of the 1986 act very narrow and insignificant although the expression provision under section 3(1) of the 1986 act has ..... connected and secure gives stability to the society for, it is within the family that precious values of life are learnt and built. ..... and others 2011 sc ..... adding to this well-expounded interpretation of the provisions of the 1986 act, it is hereby pertinent to highlight that a divorced muslim woman is not restricted from exercising her independent right of criminal appeal no.2842 of 2024 page 37 of 43 maintenance under the secular .....
Tag this Judgment!Court : Supreme Court of India
..... the explanation [added by consumer protection (amendment) act 50 of 1993 replacing ordinance 24 ..... for the appellant that if the car in question was purchased by the respondent no.1 for the personal use of its director, it must carry a requisite form attested by the chartered accountant along with the income tax returns of the concerned director, and since such document or form having never been submitted and produced before the commission, it was required to be presumed that the car was purchased by the respondent no.1- company ..... commercial entities; that the purchase of the good or service should have a close and direct nexus with a profit-generating activity; that the identity of the person making the purchase or the value of the transaction is not conclusive for determining the question as to whether it is for a commercial purpose or not. ..... the identity of the person making the purchase or the value of the transaction is not conclusive to the question of whether it is for ..... moved the applications 19 seeking permission of the commission to make one more effort by providing additional insulation, and also for permitting the appellant to repurchase the car in question for the market value/book value as it existed at the relevant time in 2007. ..... that the impugned order was passed on 17.09.2007 and before that pending the proceedings, the appellant had already made an offer in the year 2006 to repurchase the car in question as per the market value of the car as of november 2006 to be rs. .....
Tag this Judgment!Court : Karnataka
..... cognizance taken by a court upon such sanction, during the period commencing on the 20th day of august, 1991 and ending with the date immediately preceding the date on which the code of criminal procedure (amendment) act, 1991, receives the assent of the president, with respect to an offence alleged to have been committed during the period while a proclamation issued under clause (1) of article 356 of the constitution was ..... court made the following:- order the petitioners 1 to 7 are before this court calling in question an order dated 30-05-2024 passed by the xxiii additional city civil & sessions judge & special judge (prevention of corruption act), 5 bengaluru in p.c.r.no.11 of 2024, by which the special judge takes cognizance of the offences punishable under sections 167, 219, 384, 448, 465, 466, 468, 469, 471, 506, 511, 120b r/w ..... of the offence that are made penal under sec.167, 219, 384, 448, 465, 466, 468, 469, 471, 506, 511, 120b r/w34of ipc and sec.13 of p.c act that are complained by the respondent against the petitioners in the private complaint filed by him before the court and directing the registry to put up the record of the case before the court ..... first, that there was an entrustment and/or dominion ; second, that the entrustment and/or dominion was in his capacity as a public servant ; third, that there was a disposal ; and fourth, that the disposal was dishonest . ..... 2011) 6 scc1 (2011) ..... (sic) (emphasis added) 13 it is upon the said complaint a search warrant is .....
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