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1 - 10 of 30 (0.62 seconds)The Income Tax Act, 1961
Section 22 in The Sick Industrial Companies (Special Provisions) Act, 1985 [Entire Act]
The Sick Industrial Companies (Special Provisions) Act, 1985
Section 11 in The Suits Valuation Act, 1887 [Entire Act]
The Companies Act, 1956
The Suits Valuation Act, 1887
N. Chellappan vs Secretary, Kerala State Electricity ... on 21 November, 1974
Relying on the aforesaid observations, this Court in N.Chellappan v. Secy, Kerala State Electricity Board, (1975) 1 SCC 289: (AIR 1975 SC 230) acted upon the principle that acquiescence defeated the right of the applicant at a latter stage. In that case, the facts were similar. It was held by conduct there was acquiescence. Even in a case where initial order was not passed by consent of the parties a party by participation and acquiescence can preclude future challenges.
Ksl & Industries Ltd vs M/S. Arihant Threads Ltd. & Ors on 25 August, 2008
In KSL and Industries Limited v. Arihant Threads Limited and others, (2008) 9 SCC 763, the Apex Court was considering the two statutes, namely, Sick Industrial Companies (Special Provisions) Act, 1985 and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Speaking for the Bench, His Lordship Justice C.K.Thakker observed that even though both the conflicting statutes contain non obstante clause, in case of conflict, the RDDBFI Act will prevail over the SICA so far as the recovery of public revenue is concerned. His Lordship Justice Altamas Kabir, on the other hand, held otherwise. The Bench, however, recognised the proceedings pending before the Debt Recovery Tribunal on the facts of that case. Ultimately, the Apex Court held in paragraphs 134 to 142 as follows:-
Basheshar Nath vs The Commissioner Of Income-Tax,Delhi & ... on 19 November, 1958
In this connection, it will be useful to rely on the decision in Basheshar Nath v. I.T.Commr., AIR 1959 SC 149. In paragraph 66 of the said judgment, it has been held by the Apex Court that a right granted by an ordinary statutory enactment can be waived by an individual, however, it is not so in respect of the right guaranteed under the Constitution. Paragraph 66 of the said judgment is usefully extracted here under:-