Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2020 (1) TMI 1436

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... SY PROPERTY DEVELOPMENTS PVT. LTD. VERSUS STATE OF KARNATAKA OTHERS [ 2019 (12) TMI 188 - SUPREME COURT ] where it was held that though NCLT and NCLAT would have jurisdiction to enquire into questions of fraud, they would not have jurisdiction to adjudicate upon disputes such as those arising under MMDR Act, 1957 and the rules issued thereunder, especially when the disputes revolve around decisions of statutory or quasi-judicial authorities, which can be corrected only by way of judicial review of administrative action. Hence, the High Court was justified in entertaining the writ petition. Petition allowed. - WRIT PETITION NO. 41029/2019 (GM-MMS) - - - Dated:- 20-1-2020 - THE HON BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ding the period of the Mining Lease bearing ML No.2293 up to 31.03.2020, in accordance with Sec. 8 A (6) of the M.M.D.R Act, 1957 as amended under the Mines and Minerals (Development and Regulation)Amendment Act, 2015, within a period of two weeks from the date of the receipt of the certified copy of this Order. (underline supplied) The petitioners are also aggrieved by the finding recorded in paragraph 26 of the said order (Annexure-A) which holds that the order dated 26th September 2018 is null and void and stands set aside. 4. By the order dated 12th August 2018, Corporate Insolvency Resolution Process (CIRP) was initiated against the first respondent (Corporate Debtor) and Interim Resolution Professional (IRP) was appointed. T .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... isdiction to adjudicate upon disputes such as those arising under MMDR Act, 1957 and the rules issued thereunder, especially when the disputes revolve around decisions of statutory or quasi-judicial authorities, which can be corrected only by way of judicial review of administrative action. Hence, the High Court was justified in entertaining the writ petition and we see no reason to interfere with the decision of the High Court. Therefore, the appeals are dismissed. There will be no order as to costs. (underline supplied) 7. In view of the binding judgment and order dated 3rdDecember 2019 of the Apex Court, the finding recorded by NCLT in paragraph 26 of the impugned judgment and order that the order dated 26th September 2018 passed .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates