.....conditions of the agreement, including default in payment of any instalment, sell the same and realize the proceeds thereof towards protanto satisfaction of its dues. the agreement also contains a clause for resolution of disputes by arbitration. the respondent no.1 has paid fourteen instalments and thereafter committed defaults. accordingly, the petitioner has terminated the agreement and claimed the outstanding dues. the petitioner claims that a sum of rs.12,30,813/- has become due and payable to the petitioner including future instalments which have become immediately payable by reason of default in payment of instalments. instalments not having been paid, the petitioner is entitled to and has recalled the finance facility and the entire amount advanced has become repayable with interest and other charges. the petitioner is prima facie entitled to take possession of the assets. the petitioner has been able to make out a good prima facie case for interim relief. it is pleaded that the agreement has been concluded at the registered office of petitioner at kolkata within the jurisdiction of this court. the parties have agreed that courts in kolkata alone shall exercise.....
Tag this Judgment! Ask ChatGPT.....has been produced before us. it appears that this matter was appearing with the absolute misleading cause title under the heading ‘chapter xxxi rule 22 of the original side rules’. it was not the fault of the litigant. it was a printing mistake and this printing mistake took place under the supervision of the court. so, the court’s failure does not injure any person. mr.mitra, learned senior advocate, appearing for the respondent accepts this legal position and, therefore, we recall the order dated 30th september, 2011. accordingly, the appellant shall file an affidavit explaining as to why no action has been taken in pursuing this appeal and to show cause as to why the appeal should not be dismissed on the ground of inaction. such affidavit shall be filed within a fortnight from date. mr.mitra’s client will be entitled to file rejoinder to such affidavit within a week thereafter. the matter will appear three weeks hence under the heading ‘chapter xxxi rule 22 of the original side rules’. we direct our officer and also the department to enlist the matter with a correct cause title. as far as other prayers are concerned, that will be taken care of in cours.of.....
Tag this Judgment! Ask ChatGPT.....terms and conditions of the agreement including in payment of any instalment, sell the same, and realize the proceeds thereof towards pro tanto satisfaction of its dues. the agreement also contains a clause for resolution of disputes by arbitration. the respondent no.1 paid 10 instalments and thereafter committed defaults. it is claimed that a sum of rs.14,07,546/instalments has which fallen have due become inclusive repayable of by future reason of default. the petitioner has, prima facie, become entitled to take possession of the said vehicle. the petitioner has been able to make out a good prima facie case for interim relief. it is pleaded that the agreement has been executed at the registered office of the petitioner at 24 park street, kolkat”016. within the jurisdiction of this court. contains a jurisdiction in any case, clause whereby the agreement the parties have agreed that all disputes should be adjudicated in kolkata. this application is, therefore, entertained. this court is, however, of the view that no leave under clause 12 of the letters patent is necessary since an application under section 9 of the arbitration and conciliation act, 1996 is not a suit. there.....
Tag this Judgment! Ask ChatGPT.....and the time that the company’s name was struck off in the year 2007. the petitioner says that the registrar did not follow the procedure under section 560 of the act of firs.requiring the company to regularise its position and thereafter serving a final notice before striking off the company’s name. even if the company is entitled to have its name restored because of the registrar’s failure to comply with the statutory requirements of section 560 of the act, it cannot be lost sight of that the company continued to exist and function and it did not comply with the mandatory provisions of depositing its accounts and other statutory documents with the registrar for a period of nearly nine years.since the petitioner has offered to pay a sum of rs.1 lakh by way of costs, cp no.38 of 2012 is allowed on condition that such amount be deposited with the registrar of companies within a fortnight from date whereupon the registrar will deposit the amount in the same account where penalties and fines are deposited. upon the payment being made, the name of the company will be restored and the officers of the company should be given immediate access to the relevant portal for the.....
Tag this Judgment! Ask ChatGPT.....is expected to hear out the matter and to make and publish award as early as possible. parties will cooperate in all respects and will not seek for unnecessary adjournment. the learned arbitrator will fix his own remuneration on deliberation and consultation with both the parties. similarly, engagement of secretarial assistance of the arbitral tribunal shall also be decided by the learned arbitrator and costs thereof shall also be adjudged by him on deliberation and consultation with the learned advocates who might be appearing. learned arbitrator and all parties are to act on a signed photocopy of this order on the usual undertakings. not the appeal is to be heard and separate judgment and order would be passed. (sengupta, j.) (asim kr. mondal, j.) sm ar[cr].
Tag this Judgment! Ask ChatGPT.....conditions of the agreement including default in payment of any instalment, sell the same, and realize the proceeds thereof towards pro tanto satisfaction of its dues. the agreement also contains a clause for resolution of disputes by arbitration. the respondent no.1 paid 10 instalments and thereafter committed defaults. it is claimed that a sum of rs.14,10,017/instalments has which fallen have due become inclusive repayable of by future reason of default. the petitioner has, prima facie, become entitled to take possession of the said vehicle. the petitioner has been able to make a good prima facie case for interim relief. it is pleaded that the agreement has been executed at the registered office of the petitioner at 24 park street, kolkat”016. within the jurisdiction of this court. contains a jurisdiction in any case, clause whereby the the agreement parties have agreed that all disputes should be adjudicated in kolkata. this application is, therefore, entertained. this court is, however, of the view that no leave under clause 12 of the letters patent is necessary since an application under section 9 of the arbitration and conciliation act, 1996, is not a suit. there will.....
Tag this Judgment! Ask ChatGPT.....terms and conditions of the agreement including in payment of any instalment, sell the same, and realize the proceeds thereof towards pro tanto satisfaction of its dues. the agreement also contains a clause for resolution of disputes by arbitration. the respondent no.1 paid 15 instalments and part of 16h instalment and claimed that inclusive a of sum thereafter committed defaults. it is of future rs.13,40,470/instalments has which fallen have due become immediately repayable in terms of the agreement by reason of default in instalments. the petitioner has, prima facie, become entitled to take possession of the assets. the petitioner has been able to make out a good prima facie case for interim relief. it is pleaded that the agreement has been executed at the registered office of the petitioner at 24 park street, kolkat”016. within the jurisdiction of this court. contains a jurisdiction in any case, clause whereby the agreement the parties have agreed that all disputes should be adjudicated in kolkata. this application is, therefore, entertained. this court is, however, of the view that no leave under clause 12 of the letter patent is necessary since an application under section.....
Tag this Judgment! Ask ChatGPT.....and a case was registered. after completion of investigation, charge-sheet was submitted against the appellant for commission of the offence under section 302, i.p.c.3. prosecution, in order to prove the charge, examined eight witnesses, but none was examined on behalf of the appellant (accused), the plea of appellant being denial of the charge. out of the eight witnesses examined by the prosecution, p.w.1 is the father of the appellant, husband of the deceased and also the informant. p.w.2 is the brother of the deceased. both p.ws.1 and 2 are post-occurrence witnesses. p.w.3 is the minot daughter of p.w.1 and the deceased and she is the only eye-witness to the occurrence. p.w.4 is the doctor, who conducted post-mortem examination and p.w.8 is the i.o. p.ws.5, 6 and 7 are three constables, who had escorted the dead body for post-mortem examination, brought the accused to obtain his nail 3 clippings and, therefore, their evidence may not be of much importance so far as the case of the prosecution is concerned.4. mr. mohanty, learned counsel appearing for the appellant assails the impugned judgment on the ground that p.w.3 being the only eye-witness to the occurrence and she.....
Tag this Judgment! Ask ChatGPT.....an advocate like any other citizen has a right to recover the fee or other amounts payable to him by the litigant by way of legal proceedings but subject to such restrictions as may be imposed by law or the rules made in that behalf. it is high time for the members of the legal fraternity to join hands and evolve a code for themselves in addition to the mandate of the advocates act and rules made there under so that the common man would repose their 12 confidence in the legal profession as well as in the institution of justice, as creation of such a faith would not only enhance the image of majesty of law but also can speak of the excellence of the profession. with the aforesaid observations, the writ petition stands disposed of. copy of this judgment be sent to the chairman, bar council of orissa and to all the courts of the state. …………………….. b.k. misra, j.orissa high court, cuttack. the 17th april, 2012/kks 13
Tag this Judgment! Ask ChatGPT.....rourkela in c.m.a. no.53 of 2010 (annexure-5) has approached this court under articles 226 and 227 of the constitution of india.2. the material facts of the case are that the opposite party of this writ petition as plaintiff had instituted civil suit no.221 o”2005. in the court of learned civil judge (sr.divn.), rourkela for recovery of rs.63,35,151/- with pendentelite and future interest @ 12% per annum and the present petitioner was the defendant in the said suit. the said suit was decreed ex parte on 18.11.2008. to set aside the ex parte decree so passed, the petitioner-defendant filed a petition under order, 9 rule, 13 of the civil procedure code (c.p.c.) which was registered as c.m.a. no.99 of 2008 and the same was dismissed on 22.3.2010 for default of the petitioner. to restore c.m.a. no.99 of 2008, another c.m.a. which was registered as 53 of 2010 was presented on 16.4.2010 under section 151 of the c.p.c., but the same was also disallowed on merit by the court by the impugned order at annexure-5.3. learned counsel appearing for the petitioner contended that by dismissal of the prayer in c.m.a. no.53 of 2010 serious prejudice has been caused to the petitioner as the.....
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