Locus Standi and Entitlement to Compensation - The court held that objections regarding locus standi raised by respondents were misconceived, and the petitioner was entitled to compensation under the 2013 Act. The petitioner’s legal standing and claims were upheld after considering submissions made during proceedings before the Supreme Court. Puran Chandra Mathpal VS Union of India - Delhi
Legal Issues on Compensation and Applicability of the 2013 Act - The court emphasized that legal issues concerning compensation assessment under the 2013 Act were central, affirming that compensation should be determined in accordance with the Act. The court also addressed the applicability of the 2013 Act in land acquisition cases, including the rights to fair compensation and transparency. BANGALORE METRO RAIL CORPORATION LIMITED vs BANGALORE METRO RAIL CORPORATION LIMITED - Supreme Court
Jurisdictional Challenges and Procedural Requirements - Challenges to jurisdiction, such as those against the NCLT, should be raised before the respective tribunal. The court reiterated that procedural compliance is essential, and petitions under Sections 241-242 of the Companies Act must follow proper channels. Shriraj Investment And Finance Limited VS Union Of India Thr. Secretary - Delhi
Challenges to Land Acquisition and Non-viability Claims - Petitions claiming lands were 'non-essential' or 'unviable' were dismissed, with the court noting that such issues should be addressed within the framework of the 2013 Act. The court emphasized that these challenges need to be raised at appropriate stages and not when the matter is before the Supreme Court. Kapil Kumar VS State of Haryana - Punjab and Haryana
Rejection of Rehabilitation and Resettlement Claims - The court found the rejection of rehabilitation packages by respondents to be illegal and arbitrary, declaring such actions against principles of the 2013 Act. The petitioner’s claim for rehabilitation was supported by prior court orders, emphasizing adherence to the Act’s provisions. Jonnalagadda Sri Lakshmi vs The State of Andhra Pradesh - Andhra Pradesh
Application of the 2013 Act in Delay and Lapse Proceedings - The court ruled that the 2013 Act governs compensation for proceedings that have lapsed under earlier laws, directing the State to complete proceedings under the 2013 Act. It dismissed delay-based defenses raised by the State, reinforcing the Act’s primacy. State of West Bengal VS Premendu Sekhar Hazra - Calcutta
Claims Under Section 24(2) and Pre-Notification Rights - The court held that relief under Section 24(2) of the 2013 Act was not applicable when construction or claims were made prior to notification under the 1894 Act, indicating that rights accrue from the notification stage onwards. Jalram VS State of Haryana - Punjab and Haryana
Scheme of Arrangement and Corporate Restructuring - Under Sections 230-232 of the 2013 Act, the Tribunal sanctioned schemes of arrangement and amalgamation, finding the processes fair, statutory requirements fulfilled, and objections adequately addressed. Mehul Finance and Investments Private Limited vs Polyset Plastics Private Limited - National Company Law Tribunal, FORBES & COMPANY LIMITED vs FORBES PRECISION TOOLS AND MACHINE PARTS LIMITED - National Company Law Tribunal
Objections to Land Acquisition and Proper Procedure - The court ordered respondents to review objections raised by petitioners regarding land acquisition under the 2013 Act, emphasizing that proper procedures must be followed before dispossession. Mr. Varadala Sudershan vs The State of Telangana - Telangana
The sources collectively affirm that petitions and objections related to land acquisition, rehabilitation, corporate schemes, and jurisdiction under the 2013 Act can be raised before the appropriate courts or tribunals. The courts consistently emphasize adherence to procedural requirements, proper filing stages, and the applicability of the 2013 Act in compensation, land acquisition, and corporate restructuring matters. Objections must be raised at the correct procedural stage; issues like locus standi, jurisdiction, or land viability are to be addressed within the framework of the 2013 Act and relevant legal provisions.
raised by the respondents regarding locus standi were misconceived. ... Finding of the Court: The court found that the petitioner is entitled to compensation under the 2013 Act, and objections ... The respondents raised objections regarding the petitioner's entitlement to compensation and locus standi. ... Learned counsel for the petitioner submits that during the hearing of the writ petition, contempt petition and review petition before the Supreme Court, at no sta....
the legal issues raised by the petitioner regarding compensation assessment under the 2013 Act. ... ... ... Ratio Decidendi: The court emphasized that since only legal issues were raised, counter affidavits from private respondents ... (A) Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court addressed ... the compensation in accordance with the 2013 Act#HL....
The court held that the challenge to the jurisdiction of NCLT should have been raised before NCLT itself. ... Finding of the Court: The court found that the challenge to the jurisdiction of NCLT should have been raised before ... letter directing the filing of complaints against the petitioners under the Companies Act, 2013. ... Since the petition has already been filed under Section 241, 242 of the Companies Act; notice having been issued; the con....
The court concluded that the plea raised by the petitioners regarding the acquired lands being 'non-essential' or 'unviable' for ... The court also concluded that the plea raised by the petitioners regarding the acquired lands being 'non-essential' or 'unviable' ... , 2013. ... applicability of the provisions (supra) rather becoming raised thereins. ... Consequently, when at the stage of the SLP (supra) being sub-judice before the Hon’ble Apex Court, thus the provisio....
“to issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents Nos.2 to 6 rejection of Rehabilitation and Resettlement package to the petitioner as illegal, arbitrary against principles laid down in Act ... Today, when the matter is taken up for consideration, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue collectively submitted that, the issue involved in this Writ Petition is squarely covered by the order of this Court dated 24.08.2021....
initiated under the 1948 Act and the defense of delay raised by the State. ... ... ... Ratio Decidendi: The court ruled that the 2013 Act governs compensation determination for lapsed proceedings and that the ... under Section 24 of the 2013 Act and directed the State to complete proceedings under the 2013 Act. ... The contention advanced by the State of delay and laches of the Appellant in moving the Court is al....
raised in the current petition. ... The court also noted that the Act of 2013 was not in force at the time of the previous decisions. ... Ratio Decidendi: The court held that the petitioners were not entitled to relief under Section 24(2) of the Act of 2013 due ... , and thus, releases of the said raised construction(s) over the acquired lands, was well made prior to issuance of notification under Section 4 of the Act of 1894. ... ....
Companies Act, 2013 and other relevant provisions of the and the rules framed there under for the Scheme of Arrangement between FORBES & COMPANY LIMITED, the Demerged Company and FORBES PRECISION TOOLS AND MACHINE PARTS LIMITED, the Resulting Company and their respective shareholders ... All authorities concerned to act on a copy of this Order along with Scheme duly authenticated by the Deputy Director or Assistant Registrar, National Company Law Tribunal, Mumbai.
The petitioners raised objections against the proposed road acquisition, which were not considered. ... , 2013. ... The court ordered the respondents to review the objections and refrain from dispossessing the petitioners without following proper ... , 2013 (for short, ‘Act, 2013’) to the petitioners and other owners of the Telecom Nagar Colony, calling upon to submit objections if any for the proposed acquisition of the properties. ... Madhusudhan Reddy, learned Standing Counsel for G....
The Tribunal sanctioned the Scheme of Amalgamation under Sections 230 to 232 of the Companies Act, 2013. ... The Applicant Companies have fulfilled all statutory requirements with no objections raised against the Scheme. ... The Court found the Scheme fair and reasonable under the provisions of law. The final order permitted the amalgamation. ... We conclude that the objections/observations to the Scheme raised by the RD, ROC, and OL have been adequately replied. Sections 230 to 232 of the Act....
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