.....read over to the parties who have submitted one agreement along with the consent pursis is also read over to them and they have also admitted the facts of the agreement which is submitted along with the consent pursis and they have stated in their consent pursis that as per the agreement, the appeal should be disposed of and as per their contentions contained in the consent pursis and agreement, this application is hereby granted, with no order as to costs."the appeal was disposed of by the following order dated 3.8.2004: "in view of the consent pursis along with the agreement submitted by both the parties before this court on 03-08-04 and have agreed to dispose of this appeal according to the consent pursis and agreement, have also agreed to draw the decree according to the agreement which has been submitted along with the consent pursis and, therefore, the consent pursis has been granted by this court. so, this appeal is hereby disposed of according to the consent pursis at exh. 17 along with the agreement and the decree is hereby drawn according to the agreement which submitted along with the consent pursis and hence, this appeal is hereby disposed of accordingly, with no.....
Tag this Judgment! Ask ChatGPT.....few important questions of law arise in this group of appeals. it will be convenient to formulate the questions after we set out the material facts and the contentions of the parties. the narration of brief facts from s.c. suit no. 1767 of 2004 will suffice for consideration of these appeals. nahalchand laloochand private limited is a private limited company. as a promoter, it developd few properties in anand nagar, dahisar (east), mumbai and entered into agreements for sale of flats with flat purchasers. the flat purchasers are members of panchali co-operative housing society ltd. (for short, `the society'). the promoter filed a suit before the bombay city civil court, bombay for permanent injunction restraining the society (defendant) from encroaching upon, trespassing and/or in any manner disturbing, obstructing, interfering with its possession in respect of 25 parking spaces in the stilt portion of the building. the promoter set up the case in the plaint that under the agreements for sale it has sold flats in its building and each flat purchaser has right in respect of the flat sold to him and to no other portion. it was averred in the plaint that each flat purchaser.....
Tag this Judgment! Ask ChatGPT1. heard. the civil petition is not maintainable. accordingly, it stands dismissed.civil petition dismissed.
Tag this Judgment! Ask ChatGPT.....12a of the act is a `second appeal'; that a second appeal is available only in regard to questions of law and not in regard to any question of fact; that whenever there is a second appeal from a district court/civil court to the high court, such second appeal will be governed by section 100 of the code and it will be maintainable only if it involves a substantial question of law; and that where the high court is satisfied that the second appeal involves any substantial questions of law, it should formulate the said questions of law. questions for considerations6. on the contentions raised, the questions that therefore arise for our consideration in this appeal are :(i) whether an appeal under section 12a of the kerala forest act, 1961 against an appellate order under section 11 of the said act, would lie only if it involves a substantial question of law?(ii) if so, whether the memorandum of appeal shall have to state the substantial question of law involved in the appeal and whether the high court is bound to formulate the substantial question/s of law, while admitting the appeal or before posting the appeal for hearing. the relevant legal provisions7. the answers to the.....
Tag this Judgment! Ask ChatGPT.....is left to the players and not the umpire7. keeping the law laid down by the supreme court in the aforesaid decision, it is necessary to examine me fact situation in the present case. it is not in dispute mat this court vide order dated 14.10.2003 in c.a. no. 1357/2000 directed to hold separate meetings of the members, secured creditor and unsecured creditors. in this application, c.a. no. 1357/2000, it is stated that there is only one secured creditor, that is, state bank of mysore. a perusal of the report of the chairman dated 02.01.2004 specifies that a separate meeting of secured creditor, that is, state bank of mysore was not held. on the other hand a joint meeting of the secured creditor -state bank of mysore and the preferential creditors, that is, the workmen was held on 15.12.2003. in this meeting the secured creditor - the state bank of mysore participated and objected for the proposed revival scheme. firstly the meeting was in contravention of the directions issued by this court in c.a. no. 1357/2000; secondly the sole secured creditor - state bank of mysore opposed the revival scheme. this amounts to 100% opposition to the revival scheme by the class of secured.....
Tag this Judgment! Ask ChatGPT.....respondents were directed to take steps within the time stipulated therein to settle the retirement and pension benefits of the petitioner.2. the facts leading to filing of the contempt petitions need to be abridged as follows:-the petitioner d. gurusamy, while serving as works manager of tamil nadu small industries corporation limited (tansi), came to be transferred and posted as works manager of tamil nadu leather development corporation (talco). by g.o. ms. no.54, small industries (sid) department, dated 30.10.2000, the talco was taken over by the tamil nadu khadi and village board (khadi board) and subsequently, the employees of the talco were absorbed into service by the khadi board. the petitioner was posted as general manager, khadi board, chennai, and he continued in the said post until he attained the age of superannuation on 30.04.2009. when the petitioner was serving in the earlier department talco, he was issued with three charge memos dated 15.04.1994, 21.03.1996 and 02.11.1996. to deal with the first charge memo, dated 15.04.1994, an ias officer was appointed as enquiry officer. after conducting enquiry, he submitted his report on 15.11.1997, holding that the.....
Tag this Judgment! Ask ChatGPT.....compensation is not an exact science and the exercise involves an assessment based on estimation and conjectures here and there as many imponderable factors and unpredictable contingencies have to be taken into consideration. the statutory rule enacted in section 110b of the 1939 act (now section 168 of the motor vehicles act, 1988) is award of `just compensation'.4. in general manager, kerala state road transport corporation, trivandrum v. susamma thomas (mrs.) and ors.this court extensively considered the english decisions as well as previous decisions of this court and also the decisions of various high courts and laid down that the multiplier method is logically sound and legally well established and must be followed; a departure from which can only be justified in rare 2 (1994) 2 scc 176 and extraordinary circumstances and very exceptional cases. in para 13 of the report, this court stated as follows :"13. the multiplier method involves the ascertainment of the loss of dependency or the multiplicand having regard to the circumstances of the case and capitalizing the multiplicand by an appropriate multiplier. the choice of the multiplier is determined by the age of the.....
Tag this Judgment! Ask ChatGPT1. petitioner has called in question the proceedings in c.c.no.24642/2010 on the file of xi addl. chief metropolitan magistrate, bangalore. 2. complaint was filed before the banasavadi police for the offence punishable under section 506 of the ipc, which is registered in crime no.673/2009. on investigation, police has filed the charge sheet.3. case of the complainant is that, there was a financial transaction between the complainant and the accused. in this regard, the accused has given life threat to the complainant. the police, auring the course of investigation has recorded the statements of witnesses. 4. prima facie, the material shows the alleged offence committed by the petitioner. not a case for interference.petition dismissed.
Tag this Judgment! Ask ChatGPT.....judge, delhi, whereby application of petitioner under order 22 rule 5 of code of civil procedure (for short as code) etc. was dismissed.2. brief facts are that, on 7th may, 1988 sh. ramji dass (since deceased) predecessor-in-interest of respondent herein, filed a suit forspecific performance against present petitioner. 3. on 17th march, 2007, sh. ramji dass died. smt. shanta bhatia (respondent) filed an application for impleading her as legal representative, which was opposed by the petitioner. vide order dated 31st july, 2008, trial court allowed the application making following conclusions;"(i) on perusal of the record, it is apparent that shri ramji dass described his parentage at some places as son of shri ganda ram and at other places as son of shri rattan chand. even in the statement given before the court in evidence, similar methodology was adopted;(ii) the defendant has taken preliminary objection no. 1, appears to be on the point of parentage, the issue no. 4 (framed on 2.11.2001) is to this effect; (iii) at the stage of evidence, shri ramji dass stepped into the witness box on 1.11.2002 and he had categorically narrated " .the name of my natural father was shri.....
Tag this Judgment! Ask ChatGPT.....submitted a report dated 24.11.2000 to this court in regard to the tariff determination. the report stated :"we have carefully examined the basic facts and figures on which the impugned tariff notification dated 13.05.96 was issued. the mandate for us is to redetermine tariff within the parameters stipulated in the provisional license that the charges shall not exceed 117% of those permitted under the interim tariffs in force. as per law, revised tariff can be proposed by licensee when it finds that its annual revenue requirement cannot be met by the charges fixed under prevailing tariff notification. as the estimated revenue fell short of annual revenue requirement, the licensee was authorized under the temporary licensee to increase the tariff, subject to the limit aforesaid. gridco estimated its annual revenue requirement for 1996-97 at rs.1413 crores which was at a substantially higher level than estimated realization of rs.1033.94 crores on prevailing interim tariff. hence gridco was entitled to revise tariff but within the parameters indicated at clause 9 of the licence. the charges proposed under impugned notification dated 13.5.1996 would raise a total revenue of.....
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