The requirement to advertise a petition for winding up does not flow out of the statute but flows out of the Rules and since the requirement to advertise a petition for winding up is stipulated in Rr. 5 and 7 of the Companies (Winding up) Rules what is prescribed in R. 35 of the NCLT […]
Companies Act, 2013 — Ss. 271 and 468 — Advertisement of petition for winding up Read More »
The provisions re the exercise of rectificatory powers of a Board/Company Court under S. 38 of the Companies Act, 1913, then under S. 155 of the 1956 Act, followed by S. 111-A introduced by the 1996 Amendment to the 1956 Act, and finally, S. 59 of the 2013 Act, held, demonstrate that its essential ingredients
Although Hindu Adoptions and Maintenance Act entitles widow of a government servant to adopt a son/daughter, but rights and entitlements of such adopted son/daughter as available under Hindu Law against his/her adoptive family, would not be available as against deceased government servant, under the 1972 Rules. Held, The entitlement of such a posthumous child is
CCS (Pension) Rules, 1972 — R. 54(14)(b) — Family pension Read More »
Her claim of equal share with male coparceners in joint family property may be supportable in equity but cannot be sustained under S. 2(2) of the HSA, 1956 as it stands. Held, Before parting, we may observe that there may not be any justification to deny the right of survivorship so far as the
The fact that in the suit, the legal representative was not substituted would not result in the consequence which the High Court has found in the impugned order having regard to the declaration of the law made by this Court. In other words, in view of the fact that the legal representative has been brought
Economic disabilities or economic backwardness, held (per majority), is a valid criterion for reservation or compensatory discrimination. Reservation structured singularly on economic criteria does not damage the basic structure of the Constitution. [Janhit Abhiyan v. Union of India (EWS Reservation), (2023) 5 SCC 1]
Principles summarised relating to effect of failure of accused to throw any light upon facts proved to be within special knowledge of accused and circumstances when accused does owe explanation under S. 106. It was not disputed that the petitioner had taken the deceased with him on the previous day evening and thereafter he was
Evidence Act, 1872 — S. 106 — Facts proved to be within special knowledge of accused: Read More »
Convenient procedure for adjudication of claim cases without delay: Considering overall aspects of Amending Act of 2019, elaborate directions issued under Art. 142 of the Constitution to ensure expeditious disposal of accident compensation cases. Held further, Registrar General of the High Courts, States Legal Services Authority and State Judicial Academies are requested to sensitize all
Matter relating to whether a person licensed to drive LMV ipso facto entitled to drive a transport vehicle in that category, referred by present three-Judge Bench to larger Bench of Supreme Court for reconsideration of correctness of ruling of three-Judge Bench in Mukund Dewangan, (2017) 14 SCC 663. Held, Thereafter certain provisions which were not
Held, Thus, for the offence under Section 63 of the Copyright Act, the punishment provided is imprisonment for a term which shall not be less than six months but which may extend to three years and with fine. Therefore, the maximum punishment which can be imposed would be three years. Therefore, the learned Magistrate may sentence the accused
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