|
Advanced Search Options
Indian Laws - Case Laws
Showing 1 to 20 of 22369 Records
More information of case laws are visible to the Subscriber of a package i.e:-
Party Name, Court Name, Date of Decision, Full Text of Headnote and Decision etc.
-
2023 (1) TMI 1036
Vacation of order restraining the transfer, selling or alienating of 11 properties purchased by a consortium of six land-owning companies - HELD THAT:- While passing an order of injunction, the Courts are required to be guided by the principles of prima facie case, balance of convenience and irreparable injury. We find that, assuming for a moment that the respondent Nos. 1 and 2 along with the other claimants have a claim of around Rs.31 crores, the entire project in an area of 115 acres cannot be stalled. If the Division Bench of the High Court found that, there was a prima facie case in favour of the respondent Nos. 1 and 2, they could have passed an appropriate order to protect the interests of the said respondents rather than stalling the entire project. It is further to be noted that the audit report dated 16th January 2023 of Ellahi....... + More
-
2023 (1) TMI 1035
Misuse of political position by the Accused / MLA / Minister - acquiring disproportionate assets - Criminal conspiracy - misappropriation - criminal breach of trust - cheating forgery fraudulent execution of deed of transfer containing false statement of consideration amount - acquiring assets disproportionate to known legal source of income by Anosh Ekka - acquisition of lands in violation of C.N.T. Act in the name of his wife Smt Menon Ujjana Ekka - applicability of presumption under Section 20 relating to Section 13(1)(e) of the P.C. Act. Assets - HELD THAT:- The evidence of assets acquired during the check period is not under challenge, nor in the name of which they have been acquired. The valuation of house has been disputed. There is no room to dispute the valuation of the land and flat purchased by registered sale deed or the vehic....... + More
-
2023 (1) TMI 928
Dishonor of Cheque - acquittal of the accused - rebuttal of presumption - whether non-mentioning of date as to when money was given can be fatal to the case of complainant or not? - HELD THAT:- The proviso 269-SS only prescribes the mode of taking or accepting certain loans, deposits and specified sum. The said proviso would speak to the effect that no person shall take or accept from any other person (herein referred to as the depositor). Mode of taking any loan or deposit or any specified sum, otherwise than by an account-payee Cheque or account or accepting payees and draft or use of electronic clearing system through a bank account. The proviso was inserted in the Income Tax Act debarring person from taking or accepting from any other person any loan or deposit otherwise than by account payee cheque or account payee bank draft, if the....... + More
-
2023 (1) TMI 795
Validity of arbitration proceedings/constitution of the arbitral tribunal - ex-parte proceedings - seeking permission to adduce evidence - whether the applicant can be permitted to adduce evidence to support the ground relating to Public Policy in an application filed under Section 34 of the Arbitration & Conciliation Act, 1996? HELD THAT:- In the present case the arbitration proceedings commenced and even the award was declared/passed by the arbitral tribunal in the year 1998, i.e., prior to section 34(2)(a) came to be amended vide Act 33/2019. Apart from the fact that it was conceded by the learned counsel appearing on behalf of the appellant before the High Court that the law prevailing prior to the amendment of Section 34(2)(a) by Act 33/2019 shall be applicable, even otherwise, we are of the opinion that the arbitration proceedin....... + More
-
2023 (1) TMI 794
Dishonor of Cheque - declared income was sufficient to prove loan or not - requirement of presumption once and execution of cheque is admitted - rebuttal of presumption - preponderance of probabilities - HELD THAT:- The learned Trial Court found that the Income Tax Returns of the complainant did not disclose that he lent amount to the accused, and that the declared income was not sufficient to give loan of Rs.3 lakh. Therefore, the case of the complainant that he had given a loan to the accused from his agricultural income was found to be unbelievable by the learned Trial Court. The learned Trial Court found that it was highly doubtful as to whether the complainant had lent an amount of Rs.3 lakh to the accused. The learned Trial Court also found that the complaint had failed to produce the promissory note alleged to have been executed by....... + More
-
2023 (1) TMI 685
Interpretation of statute - paragraph 4(vi)(b) of the Operating Guidelines of the National AYSUH Mission (NAM) - Constitutional Validity of proceedings under Article 136 of the Constitution - purchase of Ayurvedic drugs solely from IMPCL without inviting tenders - requirement in view of paragraph 4(vi)(b) of the Operating Guidelines of the National AYSUH Mission, that the State of Uttar Pradesh must purchase Ayurvedic medicines by adopting a transparent process after inviting tenders - violation of the operating guidelines - no involvement of ‘State largesse’ and no disposal of State property. HELD THAT:- Paragraph 4(vi)(b) does not stipulate that IMPCL will have a higher standing as compared to other manufacturing units of the State Governments and cooperatives mentioned in the paragraph. The position of the Ministry of AYUSH....... + More
-
2023 (1) TMI 684
Dishonor of Cheque - Effect of moratorium to non-corporate debtor/debtors dealt under Section 141 of the Negotiable Instruments Act - emergence of vicarious liability in criminal law, in terms of Section 141 of the Negotiable Instruments Act - essentials to fasten vicarious liability. Whether the moratorium provision contained in Sec.14 (1) of IBC would apply only to corporate debtor and the noncorporate debtor/debtors mentioned in Section 141 of the N.I.Act, continuing to be statutorily liable under Chapter XVII of the N.I Act? - HELD THAT:- In view of the legal position settled by the Three Bench of the Apex Court, in P. Mohanraj's case [2021 (3) TMI 94 - SUPREME COURT], holding the view that, moratorium provision contained under Section 14 (1) of IBC would apply only to a corporate debtor and the natural persons mentioned in Sectio....... + More
-
2023 (1) TMI 634
Scope of legislative powers - levy of tax or penalty - additional special road tax levied on transport vehicle used without a valid permit - whether the imposition of additional special road tax levied on transport vehicle used without a valid permit is not a tax but a penalty and is ultra vires the legislative powers of the State Legislature under Entries 56 and 57 of List II (the State List) of the Seventh Schedule to the Constitution? HELD THAT:- Article 246 of the Constitution lays down the subject matters of the laws to be made by the Parliament and by the Legislatures of States. According to it, three lists of the Seventh Schedule would be determining the subjects over which the Parliament may have exclusive power to make laws (List I also referred to as the Union List), subjects over which the State would have exclusive power to ma....... + More
-
2023 (1) TMI 503
Dishonor of Cheque - legally enforceable debt or not - whether preponderance of probabilities established that the complainant was indulging with money lending activities without any licence? - rebuttal of presumption under Section 139 of the N.I. Act or not - HELD THAT:- Since framing of points for determination by the First Appellate Court at the time of passing of the judgment or at the most at the time of hearing parties, assumes significance as in case the points for determination are framed in wrong manner, the reasoning is also going to affect. In the present matter, the learned First Appellate Court after hearing of the arguments and after perusing the entire records of the trial Court, framed the points for determination in paragraph 26 of the impugned judgment. Thus, it presumed that the learned First Appellate Court was entirel....... + More
-
2023 (1) TMI 445
Interpretation of statute - calculation of amount of pre-deposit u/s 18 of the SARFAESI Act - 50% of which amount the borrower is required to deposit as pre-deposit - Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - possession of one of the mortgaged property was taken by the Bank as amount demanded was not paid under Section 13(2) of the SARFAESI Act. Whether while calculating the amount of “debt due”, the amount deposited by the auction purchaser on purchase of the secured assets is required to be adjusted and/or appropriated towards the amount of pre-deposit to be deposited by the borrower under Section 18 of the SARFAESI Act? - Whether the “debt due” under Section 18 of the SARFAESI Act would include the liability + interest? HELD THAT:- As....... + More
-
2023 (1) TMI 444
Recovery of possession and the mesne profit/damages for wrongful and illegal occupation of the appellant - lease agreement for enjoyment and occupation of the demise premises for a specified time which expired by efflux of time in the year 2010 - HELD THAT:- The appellant did not challenge the order permitting the amendment to be carried out in the plaint. However, they chose to remain absent and did not contest the suit. Astonishingly, learned advocate for the appellant submits that the moment Supreme Court has used the expression ‘suit’ it must be construed as an un-amended suit and not the amended suit. Such misunderstanding of the tenet of the order of the Supreme Court is laudable as it is beyond any doubt that the expression ‘suit’ includes the suit with the amendment, if carried out subsequently, as the amen....... + More
-
2023 (1) TMI 443
Withholding of promotion of the respondent-employee - pendency of departmental proceedings - HELD THAT:- Apparently, the petitioners have succeeded in their endeavor to deny the respondent-employee the benefits of promotion, as firstly they chose to file the review to prolong the proceedings for almost a period of one year. Thereafter, after the review was dismissed they chose not to file the writ petition for a period of almost six months and only filed the same on 03.05.2017. An argument as such was raised before the Coordinate Bench on which notice motion was issued that a punishment order had been imposed on 15.02.2017. Petitioners is not aware as to whether the case of the employee for promotion had been considered or not - It is, thus, apparent that the respondent-employee has also lost interest in the litigation as none has put in ....... + More
-
2023 (1) TMI 337
Demonetization - Validity of N/N. 3407(E) dated 8th November 2016, issued by the Central Government in exercise of the powers conferred by sub-section (2) of Section 26 of the Reserve Bank of India Act, 1934 - validity of declaration that the bank notes of denominations of the existing series of the value of five hundred rupees and one thousand rupees shall cease to be legal tender with effect from 9th November 2016, to the extent specified in the impugned Notification - scope of judicial review - discrimination of District Co-operative Banks by excluding them from accepting deposits and exchanging demonetized notes. Whether the power available to the Central Government under sub-section (2) of section 26 of the RBI Act can be restricted to mean that it can be exercised only for "one" or "some" series of Bank notes and....... + More
-
2023 (1) TMI 336
Enforcement of final foreign arbitral award - restraint on first respondent from utilising the sum of INR 265 crores from and out of monies remitted by the third and fourth respondents - direction to deposit the sum of INR 265 crore in a separate lien marked account - whether the object of or consideration stipulated in the SPAs violates FEMA and, particularly, the Security Transfer Regulations? - HELD THAT:- The SSHAs deal with the investment by two non resident entities and a SEBI registered venture capital fund in an Indian company. The investment was in equity shares, CCPS and OCPS and the aggregate investment was about INR 125 crore. Under FEMA, a general prohibition in respect of dealing in foreign exchange or making payment to or receiving payment from a non-resident is contained in Section 3. This is subject to the other provision....... + More
-
2023 (1) TMI 292
Dishonor of Cheque - insufficiency of funds - legally enforceable debt - petitioners submits that the petitioner No.1 has issued signed blank cheque as security, but, the respondent has presented the same without the knowledge of the petitioners - it is submitted that admittedly the Company has not been arrayed as party in the N.I. Act case. But, the Directors of the company have been made parties in the said case. HELD THAT:- Since Durga Krishna Store Pvt. Ltd, the company has not been made an accused here in this case, and since no legal notice has also been issued to it, the complaint under Section 138 of the N.I. Act, to the considered opinion of this court, cannot be maintained against the present petitioners, without invoking the provision of Section 141 of the N.I. Act and as such the complaint lodged before the Court of learned CJ....... + More
-
2023 (1) TMI 244
Recovery proceedings - default in payment of loan / debt - whether recovery proceedings / recoveries under the MSMED Act would prevail over the recoveries made / recovery proceedings under provisions of the SARFAESI Act? - HELD THAT:- Sections 15 to 23 of the MSMED Act are providing a special mechanism for adjudication of the disputes and to adjudicate and resolve the disputes between the supplier and buyer - micro or small enterprise - it is observed that MSMED Act does not provide any priority over the debt dues of the secured creditor akin to Section 26E of the SARFAESI Act. At the most, the decree / order / award passed by the Facilitation Council shall be executed as such and the micro or small enterprise in whose favour the award or decree has been passed by the Facilitation Council shall be entitled to execute the same like other d....... + More
-
2023 (1) TMI 2
Levy of tax on advertisement - Constitutional Validity of Section 103(b)(vi), 134 containing the words "after levy of tax under Section 134 has been determined by the Corporation" and in Sections 135(1), 135(2)(ii), 135(3), 139 and Schedule (viii) to the Municipal Corporations Act, 1976 along with bye laws framed by Municipal Corporation pursuant to the aforesaid provisions - Whether impugned provisions namely Section 94(1)(b)(xiii) including the explanation thereto, Section 94(1-B) containing the words "after the levy of tax under Section 94 has been determined by Municipal council" in Sections 133(1), 133(2)(ii), 133(3), proviso (iv) to Section 142, Section 324(1)(ff) and Schedule 7 to the Karnataka Municipalities Act, 1964 along with rules/bye laws framed by Municipalities in the State pursuant to the said provision....... + More
-
2023 (1) TMI 1
Appointment of full time Presiding Officer in Debt Recovery Tribunal-I, Ahmedabad - HELD THAT:- Right to speedy justice is enshrined under Article 21 of the Constitution of India as held by Hon’ble Apex Court in Supreme Court Advocates-on-Record Association Vs. Union of India [1993 (10) TMI 352 - SUPREME COURT]. Non-adherence to the same would impinge upon the rights of citizens under Article 14 of the Constitution of India, inasmuch as the litigants are differently treated though placed on the same pedestal or being on par. To put it differently, litigants whose matters are before DRT-II would be able to get the relief at the hands of DRT-II, whereas litigants who are similarly placed and seeking reliefs by filing the petition, which is pending before DRT-I, are not able to get the relief namely, their applications or petitions are....... + More
-
2022 (12) TMI 1327
Enhancement to property tax in terms of the Chennai City Municipal Corporation Act,1919 and the Coimbatore City Municipal Corporation Act, 1981 - HELD THAT:- The efforts to rationalize property tax assessment continued and G.O.Ms.No.11 dated 04.01.1983 considered a situation that ‘rent’ may be removed from the ambit of the enactment and that the mode of assessment may be shifted wholesale to a new basis, such as value of land, plinth area, location and usage after dividing the area into various zones and sub-zones. Following this methodology will obviate the necessity for arriving at a annual rental value or fair rent method. After examining the proposal from the Vice Chairman, Madras Metropolitan Development Authority under cover of his letter dated 30.03.1982, the Commissioner, Corporation of Madras was directed to undertake....... + More
-
2022 (12) TMI 1239
Seeking exemption from filing the impugned order - Order VII Rule 11 of the Code of Civil Procedure, 1908 - HELD THAT:- Apart from the statutory requirements Under Section 86(7) of the Act of 1951, of expeditious proceedings and conclusion of trial of the election petition within six months from the date of presentation, it is even otherwise indisputable that this litigation, by its very nature, calls for expeditious proceedings while being assigned a specific priority by the Court dealing with the same. In the present matter, we do not find it necessary to refer to or dilate upon the previous proceedings, including the order passed by this Court on 21.03.2021 but, find it difficult to countenance the position that even after pronouncement of the result on the application Under Order VII Rule 11 Code of Civil Procedure on 15.06.2022, the ....... + More
........
|
