.....for settlement of decree and/or draft within four weeks (30 days) from the date of the consent terms. the court, in my view, needs to consider the facts and circumstances of the case while taking note of the objections so raised and so also take decision based upon the rules which governed and control such execution proceedings. 6 admittedly, in view of the averments so recorded, there were reciprocal obligations which need to be performed by the other side. there were non-compliances. the question of putting consent decree/judgment/order for execution comes when there is a denial and/or failure on the part of the other side to comply with the consent terms. therefore, in a given case there may not be the occasion to put up, those consent terms for execution. 7 the office and/or the other party, in such background, could not have insisted sealing of the decree which was under challenge. the issue of limitation and/or discussion with regard to the same, in my view, in the present facts and circumstances is irrelevant to adjudicate and/or to decide the power of the master and assistant prothonotary to seal the decree within four weeks and/or after four weeks. such rules even.....
Tag this Judgment! Ask ChatGPT.....had been awarded to dbc freight international. the letter dated 17 november 1996 of the principal shipping agency provided an undertaking to satisfactorily account for the cargo covered by the import general manifest (igm) filed by beacon maritime carriers and requested that the latter be released of all liabilities and responsibilities. an indemnity was also furnished. 3. on 21 december 1998, the principal shipping agency once again intimated the adjudicating authority that it had terminated the services of dbc freight international and all its liabilities and responsibilities were transferred to sentrans maritime pvt. ltd. a request was, hence, made that all notices to show cause and orders should be addressed to the newly appointed agent. 4. on 23 august 2000, the advocate for beacon maritime carriers drew the attention of the commissioner of customs, who was adjudicating upon the show cause notice, to the changes which had taken place as aforesaid. the adjudicating authority accordingly directed that a fresh notice to show cause should be issued to sentrans maritime pvt. ltd. to whom an opportunity of a personal hearing should be afforded. 5. on 22 september 2000, a fresh.....
Tag this Judgment! Ask ChatGPT.....by defendant no.2 on defendant no. 1 for payment under the suit bank guarantee is after the bank guarantee ceased to be operative. the plaintiff in fact has completed construction of the container terminal, as acknowledged by the independent engineer, which acknowledgement is binding on defendant no.2 as per the terms of the license agreement and therefore the question of invoking the bank guarantee does not arise and the invocation is therefore not in terms or is beyond the terms of the bank guarantee (cl. 2 (d) of plaintiff's letter dated 5th december 2012 to defendant no.1 bank). according to the plaintiff, the defendant no.1 bank is therefore not obliged to make any payment and consequently is not entitled to demand payment from the plaintiff of any amount that may be paid under the suit bank guarantee by defendant no.1 to defendant no.2. hence the plaintiff is entitled to the reliefs as prayed for in the notice of motion. 4. the facts as narrated by the plaintiff in the plaint are briefly set out herein: 5. pursuant to the mechanization/modernization initiative of the central government, on 22nd january 2004, the second defendant-the board of trustees of kandla port,.....
Tag this Judgment! Ask ChatGPT.....is not bound by the earlier validity certificate and may invalidate the caste claim of the sibling as every case is to be considered on its own facts. however, this proposition of law cannot be applied to a decision of the high court. if high court on considering the order passed by the caste scrutiny committee has itself arrived at a conclusion about the caste of a petitioner and has ordered the committee to issue validity certificate accordingly, then that order holds the field and binds the scrutiny committee in the matter of blood relative. in the present case, the division bench of this court in writ petition no.7995 of 2004 decided the caste claim of deepak, the real brother of the petitioner holding that he belongs to scheduled tribe-mahadeo koli and the reasons given by the then caste scrutiny committee while invalidating the claim of deepak were held as erroneous and the decision was over turned. pursuant to the said decision of the high court, the caste scrutiny committee has issued the caste validity certificate of mahadev koli caste in favour of deepak, the real brother of the petitioners. the said decision was not challenged by the respondents by filing.....
Tag this Judgment! Ask ChatGPT.....them to join the civil posts. 9. respondents have contested the o.a. they have stated that the applicants cannot be repatriated in view of the fact that it is only when both the departments (civil as well as the aps) mutually agree to repatriate them that such discharge could take place. this was one of the conditions contained in the notification. 10. in their rejoinder, the applicants have contended that vide annexure a13, even after the clarification, some of the individuals have been discharged from aps and thus, there is no rationale in discriminating the applicants. 11. counsel for the applicant succinctly brought out the facts of the case and submitted that in so far as gds are concerned, initially, in view of acute shortage of personnel in aps, gds were also inducted on deputation, vide order dated 28th may, 1997 at annexure r-1. however, later on, vide annexure r-2 dated 23rd july, 2003, the said order has been withdrawn. in respect of kerala circle, notwithstanding the above said order of july, 2003, there has been a relaxation and the earlier provisions of 28th may, 1997 were applied and accordingly, the notification dated november, 2006 on the strength of which.....
Tag this Judgment! Ask ChatGPT.....other categories as stated above. if so, subject to his past conduct, there should be no impediment in considering the candidate for the same. in fact, on the very first day of admission hearing, processing of selection on the basis of annexure a-1 notification stood stayed. no other person would have thus been selected. 15. in view of the above, the oa is allowed to the following extent:- (a) on the lines as contained in order dated 2nd august, 2010 in oa no. 167 of 2010, it is declared that the applicant does come within the category of part time casual labourer for being considered for regular appointment in accordance with the provisions contained in order dated 06-06-1988. (b) subject to there being no other candidate in the other categories mention in the afore said order dated 06-06-1988, the applicant could well be considered in preference to outsiders. (c) if so desired, respondents may seek confirmation from the employment exchange that there is no other registered individuals with more than two years of service as part time casual labourers engaged in any other post office. (d) subject to fulfillment of other conditions including qualification and other requirements.....
Tag this Judgment! Ask ChatGPT.....following order: âand whereas the undersigned being the disciplinary authority after careful consideration of the inquiry report and overall facts on record, has come to the conclusion that shri r.k.verma, je did not hand over the physical possession of above referred flat to its allottee in time after having received the possession letter from the housing deptt. and subsequently handed over incomplete flat to harass the allottee. therefore, ends of justice will be met if a penalty of reduction by one stage in the time scale of his pay for a period of one year is imposed upon shri r.k.verma, je and he will not earn the increment of his pay during the period of reduction. after expiry of penalty period, reduction will have the effect of postponing his further increments of pay.â a perusal of the aforesaid order of the disciplinary authority shows that it is a non-speaking order. 12. thereafter, the applicant filed a detailed appeal dated 01.02.2008 (annexure a11) to the appellate authority but the appellate authority also has not dealt with any of the contentions raised in the said appeal of the applicant and even not independently expressed their views while passing.....
Tag this Judgment! Ask ChatGPT.....in the hope that something positive may happen in his favor. 6. both the learned counsel have been, first, heard on the question of limitation. in fact the two orders dated 28 december, 2011 (ex-parte order) and confirmatory order dated 5 november, 2012 imposed a restriction on the appellant too not to sale the shares in question. this is a recurring cause of action and hence limitation would not come in the way of the appellant. the cause of action is continuing as long as the two orders, though against respondent no. 2 and certain other entities, have an adverse effect on the appellant. in view of this, it is held that the appeal is not time barred and the objection of the respondent in this regard is repelled. 7. it is further noted that admittedly no investigation was conducted against the appellant, mr. anil dave, before passing ex-parte order dated 28 december, 2011 or confirmatory order dated 5 november 2012. the prices of various scrips mentioned by the appellant at page no. 143 of the appeal are stated to be going down, prejudicially affecting the interest of the appellant. therefore, the prayer of the appellant to sale the same and deposit the proceeds with securities.....
Tag this Judgment! Ask ChatGPT.....national insurance co. ltd. vs. m/s. luxmi food by which, while dismissing appeal, order of district forum allowing complaint was upheld. 2. brief facts of the case are that complainant got insured his car no.hr-61/2958 from the op for a period from 24.8.2005 to 23.8.2006. car met with an accident and fir was lodged on 7.5.2006. the complainant also informed op about the accident. op appointed surveyor. complainant submitted claim along with documents, but op repudiated claim on the ground that mahesh kumar driver of the vehicle was not having valid driving licence. complainant alleging deficiency on the part of op filed complaint. op contested complaint and alleged that driver of the vehicle was not having l.t.v. licence at the time of accident and was having driving licence for motor cycle, scooter, car and jeep, which was in violation of the terms and conditions of the insurance policy and prayed for dismissed of the complaint. learned district forum after hearing both the parties allowed the complaint and directed op/petitioner to pay rs.1,64,455/- along with interest and rs.2,200/-, as litigation charges. appeal filed by the petitioner was dismissed by the learned state.....
Tag this Judgment! Ask ChatGPT.....4. ops defence : the op has listed the following defences in its written statement. the complaint involves many complicated questions of disputed facts and law, which cannot be adjudicated by this commission in a summary proceedings. the matter should be decided in an elaborate trial after taking extensive, oral as well as scrutiny of voluminous documents/records. the preliminary surveyor could not ascertain the cause of fire but the insured confirmed that the same could have been caused by malicious act. however, the final surveyor found that the sparks of fire could not be due to malicious act. there is no electric connection in the godown. the delay was caused due to the non-coperative attitude of the complainant. the answer to various queries were vague in nature or the complainant omitted to answer certain points. the surveyor also found that the damage was predominantly due to mechanical twisting of steel trusses while falling down and the trusses did not have much thermal damage. again, damage to ac sheets was due to mechanical damage and at the time of the survey, many ventilator glasses were in broken condition. it was observed by the surveyor that the soot deposits.....
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