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...; (ii) On the basis that Lehman Brothers and LBSF's Chapter 11 filings (i.e., for bankruptcy in the US) in 2008 were Events of Default as outline...or is made or such scheme has been submitted, or is submitted, before or after the order for the winding up of the company is made. PART I There is no single law in India that deals with...January 2009, for development of Solar Power projects in the state. The appellant, a Government of Gujarat undertaking, is a successor to the Gujarat Electricity Board, and is also the holding ...
...limitations inherent in the previous audits conducted on the Company, and in order for the said investigation to be comprehensive, the Resolution Professional, while ...(2020) 8 SCC 531, held that the 330-day outer limit is directory which has resulted in Kundan Care's plan remaining pending before NCLT for ...)170. The Insolvency and Bankruptcy Law Committee in its report dated February 2020 stated that the current practice of obtaining governmental approvals ...
....” 2020 SCC OnLine SC 304]10. Having thus referred to the orders previously passed in relation to CIRP in question, we may, ...described in 11 USCA §547, the bankruptcy trustee may, for the estate's benefit, recover a preferential transfer from the transferee. — Also termed preference; voidable preference; voidab...(2020) 8 SCC 531 (decided on 15-11-2019), which have been referred to and relied upon by the learned counsel for the parties for one...
...: Operating Conditions or Chapter IV : Financial Conditions. It has already been noted that for the second stage the last date for filing tender document was 17-8-1992. On 11-9-1992, Hutc...in order. To that extent the order granting licence to 8 parties (2 for each of the cities) was set aside. This judgment was pronounced on 26-2-1993.16. After the judgm...produced. Paragraph 2.4.5 of Chapter II of General Conditions lays down one of the parameters is the experience of foreign operating partner. In the case of Bharati Cellular, SFR France Company ha...
...Bankruptcy Code (Amendment) Act, 2020 (hereinafter referred to as “the impugned amendments” for short). Section 3 of the impugned amendment, amends Section 7(1) of the Insolvency and ..., 2016 (hereinafter referred to as “the Code” for short). Section 4 of the impugned amendment, incorporates an additional Explanation in Section 11 of the Code. Section 10 of the impugned...creditor referred to in the first and second provisos and has not been admitted by the adjudicating authority before the commencement of the Insolvency and Bankruptcy Code (Amendment) Act, ...
...II of the Code. Chapter II deals with the gamut of procedure to be followed for the corporate insolvency resolution process. For dealing with the issue on hand, the provisions co...day to day running of the corporate debtor; collation of claims and their admissions; and the calling for resolution plans in the manner stated above. After a resolution plan is approved by ...adjudicatory authority in relation to the opinion expressed by the CoC on the proposal for approval of the resolution plan.”47. After adverting to ...
...duration, particularly in matters involving death in motor accident claims. Moreover, in the present case no mala fide can be imputable against the appellants for filing ...the Limitation Act.
7. Shri Amalpushp Shroti, learned counsel appearing for the respondents in the Civil Appeal arising out of SLP (C) No. 15278 of 2020, broadly...the arbitral tribunal or after becoming aware of any circumstances referred to in sub-section(3) of section 12, send a written statement of the reasons for the challenge to the arbitral t...
....33. Payment for grant of leases.—Instead of or in addition to any duty leviable under this chapter the State Government may accept payment of a sum in consid...Beverages Corporation applies to the authorised officer for grant of permit for import of specified quantity of IMFL after depositing in advance, the countervailing duty and the import fe...duty. It is part of the consideration money i.e the price of the privilege given to the licensees for dealing in liquor. The decision of this Court in the case of Kalyan...
..., under Chapter V of the Act, and for facilitating the adjudication by the Adjudicating Authority referred to in Chapter III to adjudicate the matters in issue, includin...Government provided for in the 2002 Act.SEARCHES AND SEIZURES308. After having traversed through the provisions of Chapter I to III, w...closure report is not there in the 2002 Act. For, by the virtue of proviso in Section 44(1)(b), after conclusion of investigation, if no offence of money-laundering is made out requiring ...
...Explanation I and after Explanation I, Explanation II has been inserted namely, for reckoning the limit of directorships of twenty companies, the directorship in a dormant company shall not be inc...single year or for that matter for two consecutive years. That disqualification visits the director of a defaulting company only after three years i.e., on the third consecutive year of non-...of investment of the depositors. Such amendment would ensure transparency in the functioning of the company and would lead to the protection of investment and investors for bette...
...against the Corporate Debtor being filed after the expiry of limitation period. The said appeal filed by the respondent no. 1 came to be allowed vide impugned judgment and order dated 24 November, ...within a period of 3 years prior to the date of filing of the petition under Section 7 of the IBC, by making a proposal for a one-time settlement, or by acknowledging the debt in its stat....”50. It could thus be seen that though the word “company” was not specifically included in Section 2(1)(m) of the Consumer Protection Act, 1986, this Court in ...
...confiscations and penalties while Chapter VI-A introduced by the Finance (No. 2) Act, 1980 (with effect from 11-10-1982) provides for appeals against the orders of the original and appellate autho...extend the time prescribed for filing the appeal. (There is no provision for revision now.) Of course, there is no provision for extending the time-limit prescribed in Section ...preferred during different periods. After Rule 11 was amended and Sections 11-A and 11-B were inserted in the Act, the statute contained provisions making them exclusive for clai...
...designated officers with all the powers of an ‘officer-in-charge of a police station’ for the process of investigation, which would then begin after information collected by a section 42 officer is...• The privacy of choice, which protects an individual's autonomy over fundamental personal choices.For instance, we can ground physical privacy or privacy relating to the body ...been contended by the counsel for the Appellants before us. Also, the fundamental rights contained in Articles 20(3) and 21 are given pride of place in the Constitution. After ...
...the Tribunals over a period of three years or so after their institution, will be useful for our purpose. Chapter VIII of the second volume of the Report, ‘Alternative Modes and Forums ...reference by the Appellate Tribunal could be made after the Appellate Tribunal had arrived at the conclusion, that the question of law arising for adjudication in an appeal pending before...recommendation was again mooted in the early 1990s. After deliberating on the issue for a few years, the Union of India promulgated the National Tax Tribunal Ordinance, 2003. The...
...In re Joseph Suche & Company Ltd. it was held that the right to prove a debt was a substantive one, and was not affected by the provisions of the Bankruptcy Act, which came into force ...applications for certificates on that footing but dismissed them and as it refused to certify that the case was a fit one for appeal to His Majesty in Council, the company applied to the ...properties she left behind at Lahore at the time she migrated to India after the partition for certain lands in a village in the State of Delhi belonging to that Pakistani. On February 23...
...leases were granted to one Chalapati Rao, Respondent 11 for graphite to an extent of 50 acres in Nandkote Reserve Forest for a period of 20 years on 26-8-1971. The lease deed was executed on 24-1-1972 and...in Borra group of villages for 20 years granted on 20-10-1983 and the lease deed was executed on 21-11-1983. The lease is to expire on 20-11-2003. It is stated that the mine is not being ...dated 17-11-1984 for a period of 20 years had by M. Laxminarayana, was transferred to Respondent 19. It was stated that the same has further been transferred in favour of M/s A.P Mineral Development...
...procedure for obtaining prospecting licences or mineral lease in respect of land in which the minerals vest in a person other than the Government. Unlike Rule 22(1), the provisions of ...tax but a consideration for parting with the exclusive privilege over mineral rights. Others had held that royalty was a compulsory exaction, and hence a tax. In its decision in India Cement...) All protective works being carried out in or adjacent to a mine;
(viii) All workshops and stores situated within the precincts of a mine and under the same management
and used primarily for ...
...Mohammed. It is particularly pointed out that after Shaukat acquired mobile Phone No. 9810446375, the first call was to Gilani on 2-11-2001 for 22 seconds. Gilani in turn called him up and spoke ..., he sent the dead bodies to the mortuary in the hospital for post-mortem.(vi) After the bomb disposal squad had rendered the area safe and its prelimi...undisputed evidence in view of the consent given by the accused persons and there was no need for formal proof of those documents. After the trial commenced, an application was moved on behalf of...
...untapped flow below Punasa Dam and would make it possible to extend irrigation to a further area of over 20 lakh acres. Accordingly, explorations for locating a more suitable site in the narrower gorge...reviewed after a period of 45 years.22. The Tribunal in its award directed for the constitution of an inter-State administrative authority i.e Narmada Control...pari passu with relief and rehabilitation measures. Having failed in its attempt to stall the project the petitioner has resorted to court proceedings by filing this writ petition long after the...
...trust. Importantly Section 11(1) of the Act starts with the expression “subject to the provisions of Sections 60 to 63……..”. Those provisions are in Chapter V of the Act. Section 60 provi...for the rendering of the services, — maybe it may not be an exact equivalent, such mathematical precision being impossible in the case of variables, — maybe a little surplus is left over at ...”) after initial remand to the Appellate Commissioner, held that “the primary purpose for which the assessee was established was to promote commerce and trade in Art Silk and Silk Yarn and Cloth”....