These appeals have been preferred against the impugned judgment and order dated 24.3.2005 passed in Writ Appeal No .1452 & 1453/1998 by the High Court of Madras quashing the notifications issued by the appellant by which it has quashed the notifications dated 25.5.1987 and 13.1.1989 by which certain regulatory measures have been taken by the appellant against its members.
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A bench of justices B S Chauhan and Dipak Misra has observed as follows in CRIMINAL APPEAL NO. 2322 of 2010 dated 20.05.2013 :- Rape is the most morally and physically reprehensible crime in a society, as it is an assault on the body, mind and privacy of the victim. While a murderer destroys the [...]
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The appellant has taken the stand, as already stated, that even though he was a whole time Director he was not conversant with the accounts and finance and was only dealing with the human resource management of the company, hence, he had no fraudulent intention to deceive the investors. We find it difficult to accept [...]
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Powers, which were conferred on the civil court, now stands conferred on a Tribunal under Section 17 of the Act thereby it can deal with applications from banks and financial institutions for recovery of debts due to such banks and financial institutions. We are of the view when a specific remedy is made available to [...]
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Issue- The basic issue has been raised in the petitions that the Kerala High Court did not have jurisdiction to entertain the writ petition against the judgment and order passed by the National Consumer Disputes Redressal Commission (hereinafter called ‘the Commission’). The said order could be challenged only before this Court in view of the [...]
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SC has recently held in the case of Association Of Management Of Private Colleges Vs. All India Council For Technical Education & Ors. -CIVIL APPEAL NO. 1145 OF 2004 – Order Dated 25.04.2013 that MBA programmes can’t be defined as technical programmes and the AICTE is not authorized to set standards as Parliament had already [...]
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Just increased bioavailability alone may not necessarily lead to an enhancement of therapeutic efficacy. Whether or not an increase in bioavailability leads to an enhancement of therapeutic efficacy in any given case must be specifically claimed and established by research data. In this case, there is absolutely nothing on this score apart from the adroit [...]
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We have noticed that although the respondent might have failed to discharge the burden that the cheque which the respondent had issued was not signed by him, yet there appears to be a glaring loophole in the case of the complainant who failed to establish that the cheque in fact had been issued by the [...]
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There is sufficient material on record, and the Memorandum and Articles of Association of the appellant company make it abundantly clear, that the same is a Government company and is a subsidiary of IBP, which is also a Government company. More than 61.8 per cent shares of the appellant company are held by IBP, a [...]
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Before adverting to the various contentions raised in challenging the vires of Section 11AA of the SEBI Act, we feel that it is worthwhile to state and note certain precautions to be observed whenever a vires of any provision of law is raised before the Court by way of a writ petition. It will be [...]
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