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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
G. D. R. Educational Foundation – Appellant
Versus
State Of Chhattisgarh Through Secretary, Medical Education Department – Respondent
JUDGMENT :
Goutam Bhaduri, J.
1.Challenge in this petition is to Sections 4, 5, 6, 8(1), 8(3) and 9 of the Chhattisgarh Chandulal Chandrakar Memorial Medical College, Durg (Acquisition) Act, 2021 (henceforth ‘the Act, 2021’); the petitioners further sought a direction towards the State authorities to include a mechanism or scheme to protect the interest of the petitioner, who is a creditor of the Chandulal Chandrakar Memorial Medical College, Durg (henceforth ‘the College’); and the petitioners also sought a relief that the provisions of Sections 4, 5 and 9 of the Act, 2021 be declared as unconstitutional, void ab initio and ultra vires to the provisions of Section 100 of the Transfer of Property Act, 1882 (henceforth ‘the TP Act’).
2.(i)The background case of the petitioner is that the petitioner is a charitable educational institution and the society runs various institutions. The respondent No.3 is a company incorporated under the provisions of the Companies Act and is running a Medical, Dental and Pharmacy College and also a hospital of 750 beded hospital. They were running the medical college in the name of ‘Chandulal Chandrakar Memorial Hospital, Motilal Nehru Nagar, Bhilai’. Th
The court upheld the constitutionality of the Chhattisgarh Chandulal Chandrakar Memorial Medical College, Durg (Acquisition) Act, 2021, affirming legislative competence and the separation of powers w....
Point of Law : By virtue of Section 34(1) of the Act, a partial exception arises to the general principle in law, that exists to the benefit of all secured creditors viz a viz Crown/revenue dues.
The registrar's refusal to grant permission for trust property sale must be supported by evidence of prejudice to public interest; arbitrary denials are against statutory provisions.
Unregistered agreements do not confer rights under the Transfer of Property Act; claims in insolvency must follow IBC regulations.
The main legal point established in the judgment is that the Surat Municipal Corporation cannot claim any first charge or precedence over the subject property for recovering property tax arrears, as ....
State legislation cannot provide lesser compensation than that guaranteed under parliamentary law, rendering it repugnant and unconstitutional.
Bank is entitled only for a priority in payment alone, it can never be said to be a charge created over property against statutory charge contained under KGST Act, 1963 and KVAT Act, 2003 or any Cent....
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