Further, the Committee will be deciding its own modalities as provided in the Act. However, at the time of arguments, Mr. Till now there is no known case of any material disagreement in such committees. It is pertinent to point out that in the prayer clause, though challenge is laid to the vires of Section 408, it conspicuously omits Section 410 and, thus, in essence, there is no challenge to the constitution of NCLAT insofar as relief claimed is concerned. 55 is undoubtedly somewhat more elastic, but the provisions similar to those which have been relied upon by counsel for the appellant as discriminatory are also implicit in r.

Consideration of any extraneous or irrelevant material will vitiate the belief/satisfaction. Space for Principal Bench and other Benches of NCLT, including a special Bench at Delhi to deal with transferred cases of BIFR and AAIFR had also been identified. Again, there is nothing in the rule which prevents the authority from exhibiting evidence for the prosecution after the case of the defence is closed if that evidence is intended to contradict the evidence of the public servant concerned.

When the petitioners went to court, the State Government took the pleas: No casting vote has been provided for the Chairman as over the period of time the selection processes in such committees have crystallized in a manner that the recommendations have been unanimous and there is no instance of voting in such committees in Ministry of Corporate Affairs. Union of India[2], wherein establishment of National Tax Tribunal has been held to be unconstitutional, Section 410 should also be meted out the same treatment for the reasons recorded in the said judgment pertaining to National Tax Tribunal.

(ii) The intention is to man the Selection Committee with persons of relevant experience and knowledge. His submission was that in view of the subsequent Constitution Bench judgment of this Court in Madras Bar Association v. Gupta, on a first blush, seems quite attractive, but on a keener scrutiny it has to pale into insignificance. It is argued that in view of subsuming of BIFR and AAIFR which are in the administrative jurisdiction of Department of Financial Services, Secretary DFS has been included.

The composition of Selection Committee contained in Section 412(2) of the Act, 2013 is sought to be justified by the respondents by arguing that the recommended composition in the 2010 judgment was in broad terms. Section 292 of the IPC presently reads thus:- 292. It is difficult to digest this argument for various reasons, which we record in the discussion hereafter. Allocated funds for 2014-2015 had to be surrendered in view of the delay in settling up the Tribunals.

Process initiated for renting space in some locations, which was discontinued in view of the pending petition, can be restarted at a short notice. It claimed sales tax for the period it had said that it would not. (iii) There must be application of mind to the material and the formation of opinion must be honest and bonafide. Budget heads have been created for meeting the expenditure for NCLT and NCLAT.

In respect of NCLAT, though he conceded that validity thereof is also upheld in the aforesaid judgment, his endeavour was to demonstrate that there is no discussion in the entire judgment insofar as NCLAT is concerned and, therefore, conclusion which is mentioned in the said judgment at the end, should not be treated as binding or to be taken as having decided this issue. The following argument is also raised to justify this provision: (i) Robust and healthy practices have evolved in deliberations of Selection Committees.

3 Briefly stated: the case related to a representation made by the State Government that the petitioners [pic]factory would be exempted from payment of sales tax for a period of three years from the date of commencement of production. We deem it appropriate to quote paras 27, 28, 29, 34, 35 and 36 27. prevention of oppression and mismanagement; revival and rehabilitation of sick companies; winding up and other miscellaneous requirements. It is his submission that payment of premium in respect of uncovered risks shall not bind the Corporation to undertake the liability.

Clauses 8(a) and 19(a) deal with declarations and the exclusion of liability respectively. The procedure prescribed by r. , of obscene books, etc. There can be no cavil about the proposition of law that in case of ambiguity, the construction has to be made in favour of the insured. Keeping in view the developments in other countries pertaining to the perception as regards obscenity, vulgarity and other aspects, we are obliged to see how this Court has understood the provision, that is, Section 292 IPC, and laid down the law in the context of freedom of speech and expression bearing in mind the freedom of a writer, poet, painter or sculptor or broadly put, freedom of an artist.

Datar primarily challenged the Constitutional validity of NCLAT without making any serious efforts to challenge the constitution of NCLT. The proponement propounded by Mr. As far as NCLT is concerned, he almost conceded that validity thereof stands upheld in 2010 judgment and there is not much to argue. It was proved that the petitioners had, as a consequence of the representation, set up the factory in the State. Terms of the policy are to be strictly construed.

But the State Government refused to honour its representation. Moreover other similar statutory bodies/tribunals also do not provide for 'casting vote' to Chairperson of Selection Committee. However, the superstructure of the doctrine with its preconditions, strengths and limitations has been outlined in the decision of Motilal Padampat Sugar Mills Co. Moreover, as pointed out above, the entire writ petition takes umbrage under the Constitution Bench judgment in 2010 judgment.

They are absolutely specific. If the public servant concerned does not desire an oral enquiry to be held, there is no obligation upon the authority to hold an enquiry.