.....has placed reliance on a communication addressed by the appellant no.1 to the respondent dated 10.06.2016 to submit that the appellants had, in fact, pledged these shares with respect to the investment agreement as well, which is strongly refuted by the counsel for the appellants. be that as it may, learned counsel for the appellants submits that the fao(os)(comm).32/2019 page 2 of 5 appellant/plaintiff had filed an application being ia.13060/2017 under order xxxix rules 1 and 2 of the civil procedure code along with plaint is pending and has not been considered or decided on merits till date. learned counsel for the appellant further submits that serious prejudice has already been caused to his rights inasmuch as out of 38,00,000 shares pledged to secure the corporate loan agreement, approximately 36.2 lakhs shares already stand sold. the counsel thus submits that the respondent should now be restrained from selling the balance 1.80 shares till the application being ia.13060/2017 under order xxxix rules 1 and 2 of the civil procedure code is not decided by the learned single judge and no prejudice is likely to be caused to the rights of the respondent as the appellant had.....
Tag this Judgment! Ask ChatGPT.....have also been completed. the counsels have been heard.5. it is the case of the plaintiff, (i) that the plaintiff is engaged in the business of manufacturing and selling office files, office stationery, paper and paper products, printed publications, cleansing wipes, cleaning cs(comm) 696/2016 page 1 of 30 preparations etc. as well as of providing services relating to marketing of the said goods; (ii) that the trade mark „filex‟ forms the primary, essential, distinctive and material part of the plaintiff‟s trade name / trading style / corporate name „filex systems private limited‟ since the incorporation of the plaintiff in the year 1996; (iii) that the plaintiff adopted the trade mark „filex‟ in respect of its goods / business in the year 1996 and started using the same in an extensive scale on an exclusive basis throughout india; (iv) that „filex‟ is also the house mark of the plaintiff which appears prominently and distinctively on each and every product packings, advertisements, catalogues, sales promotional products, public communications as well as on the products itself and the goods of the plaintiff are referred to as emanating from „filex‟; (v).....
Tag this Judgment! Ask ChatGPT.....with all consequential benefits.2. in the alternative, to pay the pensionary benefits to the petitioner with effect from 17.05.2004.3. the brief facts of the case are that the petitioner was initially w.p.(c) 2408/2012 page 1 of 18 appointed as stenographer grade iii on 25.08.1980 and was promoted to the post of stenographer grade ii on 29.09.1986, through dpc. the... petitioner and dr. k.k. sidh had a history of acrimonious relation as the petitioner used to oppose to dr.sidh and his associates regarding illegal activities and thus had made several complaints against them. respondent no.2 was fully aware of the relations between the petitioner and dr. sidh which are evident from the official notings at pg 16-17 of the petition. however, on 06.11.1989, at about 11:00 a.m., when the petitioner was passing through the narrow corridor near the stenographer’s room, he met dr. sidh, who was coming from the opposite side. due to the paucity of space, the petitioner requested dr.sidh to make way for him. on this, dr.sidh got infuriated and not only abused the petitioner but also slapped the petitioner, who on provocation from dr.sidh, slapped him back which resulted in a scuffle......
Tag this Judgment! Ask ChatGPT.....read as under: “25.0 settlement of dispute251 except as otherwise specifically provided in the contract all disputes concerning questions of fact arising under the contract shall be decided by the engineer subject to a written appeal by the contractor to the engineer, whose decision shall be final to the parties hereto. 25.2 any disputes or differences including those considered as such by only one of the parties arising out of or in connection with the contract shall be to the extent possible settled amicably between the parties. 25.3 if amicable settlement cannot be reached then all disputed issues shall be settled by arbitration as provided in clause 26 below 26.0 arbitration261 if any dispute or difference of any kind whatsoever shall arise between the owner and the contractor, arising out of the contract for the performance of the works whether during the progress of the works or after its completion or whether before or after the termination, abandonment or breach of the contract, it shall, in the first place, be referred to and settled by the engineer, who, within a period of thirty (30) days after being requested by either party to do so, shall give written notice.....
Tag this Judgment! Ask ChatGPT.....is getting pension of ₹2,211/- and ₹551/- each for her two minor children. crl.m.c.4945/2017 page 1 of 3 quashing of fir no.518/2016, under sections 288/304a/34 of ipc, registered at police station hauz khas, new delhi is sought on the ground the memorandum of settlement of 8th august, 2016 (annexure a-4) has been acted upon.... petitioner affirms the contents of her affidavit of 21st november, 2017 filed alongwith this petition and submits that death of her husband was purely accidental and so, proceedings arising out of fir be brought to an end. counsel for second and third respondents support the stand taken on behalf of petitioner. supreme court in parbatbhai aahir @ parbatbhai bhimsinhbhai vs. state of gujarat (2017) 9 scc641has reiterated the parameters for exercising inherent jurisdiction under section 482 cr.p.c. for quashing of fir / criminal complaint, which are as under:-"supreme court in parbatbhai aahir @ parbatbhai bhimsinhbhai vs. state of gujarat (2017) 9 scc641has reiterated the parameters for exercising inherent jurisdiction under section 482 cr.p.c. for quashing of fir / criminal complaint, which are as under:-"16.7. as distinguished from serious.....
Tag this Judgment! Ask ChatGPT.....dsiidc, which delay put financial pressure on the contractor and thus slowed down the pace of work. the arbitrator held, as a decision on point of fact, that dsiidc was responsible for 60% of the delay; whereas the contractor was responsible for 40% of the delay. the arbitrator also observed that while exact apportionment of delay as between the parties may not be possible; but the arbitrator, in his subjective factual assessment, apportioned blame on a 60:40 basis as between dsiidc and the contractor.5. one of the principal grievances raised by dsiidc before the single judge was that the arbitrator was biased against dsiidc and such bias vitiates the arbitral proceedings. the alleged bias, dsiidc argued before the single judge, was a result of dsiidc omitting to pay its share of what it considered was exorbitant arbitration fee fixed by the arbitrator. dsiidc complained that such fee was fixed by the arbitrator contrary to the terms of his appointment and inspite of protests by dsiidc. dsiidc therefore did not pay its share of the fee; whereupon the contractor paid the entire fee, including dsiidc‟s share. dsiidc contended before the single judge that since the contractor.....
Tag this Judgment! Ask ChatGPT.....by the judgment debtor trust. o.m.p. (enf.) (comm) 92/2017 pg. 7 of 9 the subject award also does not advert to this aspect of the matter. the mere fact that a conservatory order has been passed by the learned arbitrator vis-a-vis the aforementioned property will not enure a right in the decree holder to seek enforcement of the subject award qua the aforementioned property. 40 accordingly, the attachment vis-a-vis the aforementioned property caused by the order dated 21.08.2017 shall stand lifted. 41 the application is disposed of in the aforementioned terms. i.a. no.9565/2018 42 the substantive prayer made in the application is as follows:-"“i) take on record the documents nos. 2 to 5, produced along with the present application” 43 as would be obvious, in the enforcement proceedings, the decree holder seeks to place on record certain additional documents. on being queried, dr. jose p. verghese says that these are documents, which, inter alia, demonstrate that late mr. anand prakash jain and mr. naresh kumar jain were trustees of the judgment debtor trust. furthermore, dr. jose p. verghese also seeks to rely upon the sale certificate dated 18.03.2010, issued in favour of.....
Tag this Judgment! Ask ChatGPT.....the other hand, ld. counsel for the defendant submits that the plaintiff had delayed in the execution of the work. however, she does not dispute the fact that arbitral proceedings have been commenced against pwd and the work executed by the plaintiff is part of the claimed amounts in the said proceedings.8. the amount of the ra bills and the payments made by the defendant stand admitted on record. the payments made by the defendant are also not in dispute. on the basis of the above documents and evidence, from the record, it is clear that the said service order was issued by the defendant to cs(comm) 489/2016 page 5 of 9 the plaintiff. the cross-examination of pw-1 – sh. apurba kumar chatterjee shows that the project was completed in march, 2011. the cross- examination of pw-1 does not dispute any of the documents exhibited by pw-1. his cross-examination reads as under: “.... xxxxxxx by shri ravi shankar, counsel for the defendant. it is correct that in terms of clause 7 of the loi the plaintiff was supposed to submit the programme of completion of the project. the plan was submitted. (vol. it was to be given from time to time). i do not remember the date of the submission of.....
Tag this Judgment! Ask ChatGPT.....the... respondents to grant him extraordinary pension under rule 3-a of the ccs (extraordinary pension) rules [ccs (eop) rules]..2. the background facts are that the... petitioner had an outstanding record of service in the bsf having been awarded 14 director general commendation rolls, police medal for meritorious services and president police medal for distinguished services.3. the... petitioner was promoted to the rank of dig on 1st march, 2003. he w.p.(c) 2906/2017 page 1 of 11 was posted as dig sector headquarter, rajouri (j&k) with responsibility of commanding 8th battalion, including 05 battalion on line of control („loc‟) and 03 on counter insurgency roles.4. it is stated that while posted as dig, shq, rajouri, the... petitioner visited most of the forward defended localities (fdls) in loc in hilly and far- flung areas. he was thereafter posted as dig sector headquarters, counter insurgency operations at ramban in j&k. he joined there on 11th june, 2004, with shape1medical category and excellent health.5. between june, 2004 and january, 2005, the... petitioner performed his duties without any hindrance. it is stated that while working in hilly terrain, during this.....
Tag this Judgment! Ask ChatGPT.....have been dismissed without putting opposite side to notice. upon hearing and on perusal of impugned order and the material on record, i find no justification to interfere with the concurrent findings returned by the courts below so far as dismissal of application under section 156 (3) of cr.p.c. is concerned. however, the revisional court was not justified in observing that no offence is made out. in the facts and circumstances of this case, impugned order of 28th january, 2019 is modified to the aforesaid extent while upholding dismissal of petitioner’s application under section 156(3) of cr.p.c. consequently, trial court shall proceed with pre-summoning evidence and proceed with petitioner’s complaint in accordance with the law. with aforesaid directions, this petition and applications are disposed of, while not commenting upon merits. march12 2019 p’ma (sunil gaur) judge crl.m.c. 1333/2019 page 2 of 2
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