Court : Supreme Court of India
..... entities, both private and public. the supply of electricity, the generation, transmission, and distribution of electricity has been liberalized in terms of the 2003 act barring certain segments. private entities are entitled to hold licenses. in this context, it has to be emphasized that private participation as distribution licensees is ..... to operate on business lines, pay taxes and justify their creation and constitution. these corporations, whether created under the statute or registered under the companies act are distinct juristic entities owning their own properties, having their own fund, capable of borrowing and lending monies and entering into contracts like any other ..... primacy over all other laws, including the ibc, which was a general law dealing with corporate insolvency implemented much later. in terms of the 2003 act, and the regulations framed under it, including the uttar pradesh electricity supply code, 2005 (hereinafter, 2005 code ), a special mechanism for recovery of .....
Tag this Judgment!Court : Karnataka
..... similarly, a division bench of the punjab & haryana high court in bhagwan dass v. bhishan chand and ors. , drew a presumption under section 114 of the evidence act against a party who did not enter into the witness box. (5) in the case of krishnamurthi vasudeorao deshpande and another vs- dhruwaraj reported in air1962sc59 wherein it ..... court failed to appreciate that parties conduct their affairs as per the prevailing law. in 1972 when the partition took place sec. 24 of the hindu succession act was in force which disentitled respondent no-1 from claiming any share in the suit schedule property. even in 1999 when the appellants and others entered into a ..... to any portion of the property of sri keshamurthyrao due to her remarriage prior to his death. subsequent amendment in 2005 omitting sec. 24 of the hindu succession act, 1956 cannot have 10 the effect of opening flood gates entitling those otherwise disqualified from succeeding to the property of the deceased. the trial court has relied .....
Tag this Judgment!Court : Supreme Court of India
..... rampur, as void and consequently came to be set aside. factual background of the case 1 2. the notification under the representation of the people act, 1951 (hereinafter referred to as the act 1951 ) was notified for holding election of u.p. state legislative assembly from 34, suar, district rampur constituency. public notice was issued by the ..... court in rakesh kumar (supra) wherein as regards the determination of age of the candidate in terms of section 36(2) of the representation of the people act, 1951, this court observed : 27. in sushil kumar v. rakesh kumar [(2003) 8 scc673 this court as regards determination of age of a candidate in 51 ..... .appellant(s) versus nawab kazim ali khan .respondent(s) judgment rastogi, j.1. instant appeal has been filed under section 116a of the representation of people act, 1951 assailing the judgment and order dated 16th december, 2019 passed by the high court of judicature at allahabad, holding the election of the returned candidate (appellant) from .....
Tag this Judgment!Court : Karnataka
..... legislations which provide for the appointment of old guards as professors emeritus and their inclusion in the senate/syndicate. for instance, section 6.2 of the visva bharati act, 1951 relating to tagore s santiniketana provides for such arrangements. pari materia provisions that are aimed at maximizing the utilization of human capital of age , i.e ..... some land & funds have been allotted to the fkcci by the government in bangalore & dabaspet, or that certain exemption & concessions under the provisions of income tax act, 1961 are selectively made available, does not make the same to fall within the term other authorities employed in article 12 of the constitution. (v) an ..... jurisdiction; petitioner is liable to be non- suited on the grounds of suppresio veri; even otherwise, he can work out alternate remedies availing under the 2013 act. so contending, they seek dismissal of the writ petition.3. having heard the learned counsel for the parties and having perused the petition papers, this .....
Tag this Judgment!Court : Supreme Court of India
..... of 2018 of this court, in exercise of the power conferred under section 18 of the commercial courts, commercial division and commercial appellate division of high courts act, 2015 (act 4 of 2016), the hon. the chief justice is pleased to issue the practice note therein and in relation to commercial appellate division, it is stated ..... would be appealable only if they fall 31 under order 43 of the cpc as provided in section 13 of the commercial courts act.79. both the admiralty act and commercial courts act are special acts. in ashoka marketing ltd. v. punjab national bank5, a constitution bench of this court, after considering the law on the subject ..... management hearing, admissibility of evidence, framing of issues, interrogatories, etc. this would make a mockery of the intended purpose of parliament in enacting the commercial courts act, which is to expedite trials in commercial suits of a specified value, and restrict the number of interlocutory appeals.82. this court is of the view that .....
Tag this Judgment!Court : Supreme Court of India
..... . lt164 in which it was held: whenever any body of persons having legal authority to determine questions affecting rights of subjects, and having the duty to act judicially act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs. the aforesaid definition was accepted ..... errata notification, as per the record produced, reads thus: - submitted:- in this case the surveyor of wakf board collected the copies of old pahani for the year 1951 and 45 khasrapahani for the year 1954-55 in respect of the land relating to d. hzt. hussain shah vali situated in manikonda(v) and submitted his report ..... the commutation regulation under article 31(6) of the constitution, as then existed, by a notification published in the gazette of union of india. on 18.6.1951, articles 31-a and 31-b and schedule ix were incorporated and the abolition regulation and the commutation regulation were included in the schedule ix. thus, the above .....
Tag this Judgment!Court : Supreme Court of India
..... transgressing the rights of the minority institutions. the selection of the teachers and their nomination by the commission constituted under the provisions of the commission act, 2008 would satisfy the national interest as well as the interest of the minority educational institutions and the said provisions are not violative of the ..... commission, with the primary concern being financial difficulty, followed by efficiency. the regulation was brought forthwith as an abundant caution by way of a subsequent act to complete the formalities. institutions were being put on notice about the decision to withhold any fresh recruitment. however, recruitments have been made de hors ..... d) grant of leave and provident fund and other benefits; and (e) maintenance of record of work and service.6. regulations have been framed under the act dealing with various subjects, however, for the present case only chapter iii of the said regulations is relevant, which deals with conditions of service . regulation101 - .....
Tag this Judgment!Court : Karnataka
..... plaintiffs is by way of encroachment and defendants 2 and 3 have rightly demolished the compound wall by exercising power contemplated under section 321 of kmc act.45. the said application is strongly resisted by the plaintiffs' counsel. the learned senior counsel appearing for the plaintiffs would vehemently contend before this ..... the provisional order. from the records, it is forthcoming that the plaintiffs 77 immediately preferred an appeal under section 444 of the karnataka municipal corporation act. before the standing committee(appeals). inspite of filing of the appeal, the third respondent and its officials accompanied by the police demolished the compound wall ..... unauthorisedly deviating from the sanctioned plan and therefore, a provisional order under the provisions of section 321(1) of the karnataka municipal corporations act (for short 'kmc act') was passed calling upon the plaintiffs to show cause within seven days as to why the provisional order should not be confirmed. it .....
Tag this Judgment!Court : Supreme Court of India
..... has also been dealt with in following decisions: a) while considering section 38-b of the orissa estates abolition act, 1951, which did not impose any restriction akin to those found in sub- section (7) of section 47-a of the act, this court in state of orissa and others v. brundaban sharma and another38 observed:- 12. .. . ..... 56(1) and 70(2) to such subordinate revenue authority as may be specified in the notification. section 76-a was inserted in the principal act vide the decentralization act, 1914 (act no.iv of 1914). the legislative head in entry 44, namely stamp duties other than duties on or fees collected by civil appeal no.2586 of ..... k. baskaran 3 section 47-a. instrument of conveyance etc., undervalued how to be dealt with.- (1) if the registering officer appointed under the indian registration act, 1908 (central act xvi of 1908), while registering any instrument of conveyance, [exchange, gift, release of benami right or settlement]. has reason to believe that the market value of .....
Tag this Judgment!Court : Karnataka
..... [gainda ram v. mcd, (2010) 10 scc715 it is quite clear that the decision, whether or not section 8 of the representation of the people act, 1951 is to be amended, rests solely with parliament.11. having regard to the settled position, the impugned directions are unsustainable.94. the division bench of this ..... others vs. state of rajastan and others, reported in air1965sc845 c. golaknath and others vs. state of punjab and others, reported in air1967sc1643 iii) his holiness kesavananda bharati sripadaglvaru vs. state of kerala and others, reported in (1973) 4 scc225 44 iv) minerva mills ltd., and others vs. union of india, reported in (1980 ..... above details is produced herewith.9. the cases before the tahsildar, assistant commissioner and deputy commissioner relate proceedings under the karnataka land revenue act, inams abolition act, ptcl act and karnataka land reforms act. all these cases get reflected in the rccms and are being monitored. as on the date, total number of pendency of the cases .....
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