Court : Supreme Court of India
Reported in : 2007(Supp.)Bom.C.R.925
..... power to regulate the natural gas sector was absolute.later, it was decided to open the sector to private sector investment during the mid 1990s when private investment was sought on competition basis and certain blocks were awarded to private sector companies under a production sharing contract (better known as the pre-nelp production sharing contracts). this was done to increase private investment ..... is imperative that the state always be watchful that they do not take over the essential functions of the state, especially of policy formulation. in ..... section 391-394 of the companies act, 1956, a scheme of arrangement be filed by which each of the undertakings would be transferred to four different resulting companies, including the transfer of the gas based energy undertaking to global fuel management services limited ..... for the best interests of the people. nevertheless, even if private parties are employed for such purposes, they must be accountable to the constitutional ..... global scale and even within national boundaries. identification of our own domestic sources, determination of whether they can be extracted from and augmentation ..... become a shell company if it does not get natural gas from ril and trade with it, as it claims that was its main ..... 14.23. in ramana dayaram shetty v. international airport authority of india and ors. : (1979) 3 scc 489, this court has pointed out that:.the power or discretion of the government in the matter of grant of largess including award of jobs, contracts .....Tag this Judgment!
Court : Gujarat
Reported in : 138CompCas204(Guj); 79SCL47(Guj)
..... take-over bid and would be a scheme or contract as envisaged by section 395 of the companies act and unless the petitioners have strictly complied with the provisions contained in section ..... the shares of the government of india in hotel yamuna private limited were sold to respondent no. 5 on 7th february, ..... would enhance the capability of the amalgamated company to invest in larger and sophisticated projects to ensure rapid growth. ..... share. it has established integrated soaps and detergent plants, employing the state-of-the-art technology located at mandali, chhatral ..... as under:a compromise has been described as an agreement terminating a dispute between parties as to the rights of one ..... enforced against the bank. the director general of foreign trade has vide his letter dated 27th december, 2005, issued ..... 3] unless otherwise expressly provided by this act, all contracts, deeds, bonds, agreements, powers-of-attorney, grants of legal representation, permissions ..... of the appellant as per the family arrangement of 1979. shri shanti bhushan in this connection submitted that ..... short period of time wrested about 25% market share.2.14 based on broad review of financial and technical operation of ..... manage the unit profitably.(ii) the i.v. fluids manufacturing facilities of core at sachana being one of the largest in the world and of very high technical compatibility, the inflow of the required funds for its working operations shall provide opportunity to make the optimum use of the facilities. the domestic .....Tag this Judgment!
Court : Supreme Court of India
Reported in : I(1992)ACC332; AIR1992SC248; (1991)3CompLJ213(SC); JT1991(6)SC8; 1991(2)SCALE675; (1991)4SCC584; Supp1SCR251; 1992(1)LC505(SC)
..... limitations or provisions contained in ordinary laws cannot, ipso-facto, act as prohibitions or limitations on the constitutional powers under article 142. such prohibitions or limitations in the statutes might embody and reflect the scheme of a particular law, taking ..... illiterate and are susceptible to exploitation, are properly invested for the benefit of the beneficiaries so that ..... revolution with its effective response to, and successful management of the great challenges of feeding the millions. ..... case. however, the reservations were in the area of domestic jurisdiction, where contractual or conventional rules operate. the case ..... the arbitration agreement was void under section 23 of the indian contract act as its consideration was opposed to ..... instance where people with nothing as stake have traded in the misery of others.24. this court ..... private entitles are hereby extinguished, including without limitation each of the claims filed or to be filed under the bhopal gas ..... the second circuit by its decision of january 14, 1987, upheld the first condition and in ..... authority 1979 1 aer 332. but his view was disapproved by the house of lords (see 1979 (2 ..... section 9 cpc read with the principle underlying the english amendment, without its strict pre-conditions. the correctness of this view was assailed by the ucc before this court in the appeal.on 14th february, 1989 this court recorded an over-all settlement of the claims in the suit for 470 million u.s. dollars and the consequential termination .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; SuppSCR1
..... in clause (2) thereof, and the taking over or amalgamation or termination etc., of rights of management and certain leasehold interests. article 31c protects ..... over the domestic law has been recognized by section 2 of the european communities act, 1972. question is now engaging the attention of constitutional experts as to whether it has become necessary to place limitations on the legislative powers ..... if that view be expressed, the parliament will be invested with a charter of arbitrariness and by abuse of legislative ..... in part iii or the freedom of inter-state trade in article 301. article 31c gives a blank charter ..... section shall extend to any bill for the repeal or amendment of this section, but shall not apply to any bill for the repeal or amendment of any of the following sections of this act, namely, sections 13, 14 ..... a lawful manner, that is, by the people through their representatives. 1979. the oath of the president to defend "the constitution and the ..... power and the power of expropriation-subject to fair compensation- are examples of public restrictions on freedom of property which are now universally recognised and used. another kind of interference touches the freedom of use of property, through the growing number of social obligations attached by law to the use of industrial property, or contracts of employment. the degree of public control over private ..... ga 838, 69 se 2d 742). the question whether the people may, by the terms of the constitution, delegate their power to .....Tag this Judgment!
Court : Mumbai
Reported in : 57CompCas241(Bom)
..... acts as one such financial institution. section 6(2)(b) of the lic act empowers it to take such steps, including taking over management of the property given as security for its investment for the sole purpose of realising its investment. although the power of taking over the management ..... contract and the power to terminate was not sought to be exercised by any statutory body like the lic. the question of arbitrariness was to be determined with reference to the contract between the parties and not with reference to any statute. their lordships were not concerned with the fundamental right guaranteed under sec. 14 ..... a public natures as opposed to those of a purely private or domestic nature and section 31 of the 1981 act (supreme court act, 1981) had not extended that jurisdiction'. though the court ..... act had been repealed and repealed and replaced by later acts, there was nothing in those subsequent acts which could reasonably be interpreted as taking away that elementary right.'172. the court finally observed :'where an employer failed to take the preliminary steps which the law regarded as essential he had no power ..... interest. any interpretation that advances public interest as laid down in cit v. bhattacharya : 118itr461(sc) must be adopted. he also referred us to s. 28 of the fera ..... managing director of state trading corporation ltd. and national industrial development corporation ltd. on the date when he was sought to be removed, he was a director of several public limited .....Tag this Judgment!
Court : Gujarat
Reported in : [2001(88)FLR561]; (2001)GLR74
..... state aid coupled with an unusual degree of control over the management and policies of the body, and rendering of ..... power is arbitrary, unjust and unfair, the public authority, instrumentality, agency or the person acting in public interest, though in the field of private law, is not free to prescribed any unconstitutional conditions or limitation in their action. 30. the question whether a government company which carries on a trading ..... taking up an employment only agrees to subject himself to the regulatory measures concerning his service. his association with government or any other employer, like instrumentalists of the government or statutory or autonomous corporation etc. is regulated by the terms of contract ..... india (ii) contributions from other sources (iii) income from investments and (iv) receipts from other sources. he further submitted ..... termination of service. except the said provision, sec. 2(a), there is no other provision under the industrial disputes act ..... 40, the rules of the society can be amended or repealed only by approval of the government of india. (f) ..... the intention of holding domestic inquiry in respect of the charges levelled against them ..... xiv or any other provisions of the constitution. that is why the decisions of this court in s. l. aggarwal v. hindustan steel ltd. and other cases involving the applicability of article 311 have no relevance to the issue before us. 27. mr. sinha has relied upon a decision in the matter of r. d. shetty v. international airport authority (1979 .....Tag this Judgment!
Court : Supreme Court of India
..... take over the uidai. the act does not define a pubic emergency . this section empowers the central government in an emergency situation to be in a position to completely control the life of every citizen who is enrolled with the uidai. section 57 is patently unconstitutional 15. section 47 16. section 48 power of central government to supersede uidai17 section ..... manager, investment adviser or any other intermediary associated with securities market and registered under section 12 of the securities and exchange board of india act, 1992 (15 of 1992); or (ii) an association recognised or registered under the forward contracts (regulation) act ..... private entities. people who get 59 registered for engaging in a profession, who take admissions in schools/colleges/university, who seek employment in the government or private concerns and those who engage in various trade ..... section 2(v) (v) section 3 (vi) section 5 (vii) section 6 (viii) section 8 (ix) section 9 (x) (xi) sections 23 and 54 (xii) section 23(2)(g) read with chapter vi & vii sections 11 to 23 regulations 27 to 32 (xiii) section 29 (xiv) section 33 (xv) section 47 (xvi) section 48 (xvii) section 57 (xviii) section 59 (5) whether the aadhaar act defies the concept of limited ..... the 77 repealing act, 2010. ..... the term and on termination of the agreement; ( ..... sophisticated. the domestic law must ..... sr. lewina and others, (1979) 2 scc124 alpana v. ..... fertilizers, water resources, petroleum and natural gas, science and technology, sanitation, textiles, .....Tag this Judgment!
Court : Supreme Court of India
..... takes place in the course of inter-state trade or commerce. parliament, in exercise of its powers under article 269(3) enacted the central sales tax act 1956. sections 14 and 15 of that act ..... invested with the power to legislate on the topics enumerated in lists ii & iii of the seventh schedule to the constitution and this power was by virtue of article 245(1) subject to the provisions of the constitution. 13. a constitution bench of this court in k.t. plantation private limited ..... . the compensatory tax theory brings dichotomy which is inconsistent with the language employed in article 301. ...........................j.( ashok bhushan ) new delhi, november11, ..... article 304(a) of the indian constitution. eighthly, tax management is a province of political sphere. judiciary should provide certain ..... president may at any time after the expiration of five years from such commencement terminate or modify any such agreement if, after consideration of the report of the ..... that constitution validity of karnataka(tax on entry of goods) act 1979 has already been upheld by this court in state of ..... transportation. commerce would thus include dealings over the telegraph, telephone or wireless and every kind of contract relating to sale, purchase, exchange etc ..... effected in the imposition of the same tax by subjecting domestic and imported goods to differing treatment. the picture may, ..... to taxation and secondly, article 305 prior to its repeal made a specific reference to taxation for certain purposes. chief .....Tag this Judgment!
Court : Karnataka
..... private limited corroborated the testimony of pw.85 regarding the purchase of shares stating that, interface capital market pvt. ltd., purchased 2,20,000 shares of indo-doha chemicals and pharmaceauticals ltd., at rs.10/- per share. according to this witness after they invested ..... taking full control over the management thereof and thereafter acquire large number of properties in the name of the companies undoubtedly manifest the criminal motive and intention of the accused attracting the ingredients of offences under section 13(1) (e) of the pc act read with section ..... come in evidence that numbers of cooks were employed and were paid wages, elaborate sitting arrangements were ..... accused, it will not have the effect of terminating the attachment. however, since no notice have been ..... loans taken, or any family member joining any private trade, business or profession have to be intimated. ..... cost or other costs which are defined in the contract documents as being the responsibility of the owner or ..... during 2008. he speaks about supply of electricity for domestic use. he further speaks about application given by one ..... defeated. dmk came to power. on 14.6.1996, dr.subramanian swamy presented a private complaint before the principal district ..... scc 39; 41. suraj mal vs. state (delhi administration) reported in 1979 (4) scc 725; 42. akil alias javed vs. state (nct ..... investment corporation limited. police prepared a mahazar in respect of vehicle. bus was having five rooms. first room consists of kitchen and gas .....Tag this Judgment!
Court : US Supreme Court
..... act on its face. section 1 of art. ii vests all of the executive power in the sitting president, and limits his term of office to four years. it is his sole responsibility to "take ..... united states with regard to foreign nations. he manages our concerns with foreign nations, and must necessarily ..... v. lovett, supra, (barring named individuals from government employment); united states v. brown, supra, (barring communist party ..... of prolonged litigation over the administration of the statute; and his most private papers and conversations ..... more generalized presidential privilege survives the termination of the president-adviser relationship much as ..... the tape recordings would be destroyed if appellant, who had contracted phlebitis, were to die." brief for federal appellees 41 ..... spectrum of the decisions that confront him -- domestic affairs, relationships with foreign powers, direction of the military as commander in ..... title i did not purport to repeal the presidential libraries act; that statute remains in effect, ..... ." id. at 162. access until september 1, 1979, was expressly reserved to appellant, except as he ..... v. burr, 25 f.cas. 187 (no. 14,694) (cc va. 1807). burr may or may ..... act intrudes significantly on two areas of traditional privacy interests of presidents. one embraces presidential papers relating to his decisions, development of policies, appointments, and communications in his role as leader of a political party; the other encompasses purely private matters of family, property, investments .....Tag this Judgment!