.....and contrary to the specific direction of this hon’ble courts order dated1503.2022 in annexure-d as being illegal and untenable in law, in the facts and circumstances of the instant case. this writ petition, having been heard and reserved for orders, coming on for pronouncement, this day, the court made the following: :3. : order1 m/s. askins biofuels private limited, the 1st petitioner (hereinafter referred to as “askins”) and m/s. shri bhramanandasagar jaggery industries, the 2nd petitioner (hereinafter referred to as “bhramanandasagar”) have jointly presented this writ petition challenging the order dated 25.07.2022, passed by the commissioner for cane development and director of sugar, the 4th respondent (hereinafter referred to as “the cane commissioner”).2. by the said order, askins has been directed to stop the construction activities immediately and has also been directed not to commence any kind of production activities for the manufacture of ethanol using sugarcane juice at its present establishment.3. the cane commissioner has also directed the deputy commissioner, belagavi to ensure that his order is :4. : implemented and also to prevent the.....
Tag this Judgment! Ask ChatGPT.....(for short, "the a & - 3 - wp no.104106/2022 c act") and the payment would be released by nhai only after the award attains finality.3. the admitted facts of the case are that a notification under section 3a of the national highways act, 1956 (for short “the act”), declaring the intention of the government to acquire the lands was published on 15.12.2009. this was followed by a declaration under section 3d of the act, which was published on 14.12.2010.4. the competent authority determined that a sum of rs.12,916/- per sq. mtrs. was the compensation payable to the landowner. this order determining the compensation was passed under section 3g (1) of the act on 05.12.2011.5. this amount determined by the competent authority was not acceptable to the nhai and hence it invoked its right to seek for determination of the amount payable as compensation by the arbitrator i.e., by the - 4 - wp no.104106/2022 deputy commissioner, by making an application under section 3g (5) of the act.6. in these proceedings, the landowner also challenged the amount determined by the competent authority as being inadequate and sought for re- determination of the amount 7. the arbitrator, on 16.02.2013,.....
Tag this Judgment! Ask ChatGPT.....ranking before the learned single judge. appellant is the petitioner and respondents are the respondents before the learned single judge.3. brief facts leading rise to filing of this appeal are as under: respondent no.3 issued a communication dated 04.05.2022, bearing no.119, wherein a sub- 4 committee has been constituted to inspect the nursing colleges and allied health sciences colleges and nursing schools in the state of karnataka to ascertain as to whether they have been running the institution as per the guidelines issued by the indian nursing council and to inspect the building infrastructure, etc. the petitioner aggrieved by the communication dated 04.05.2022, constituting a sub- committee, preferred a writ petition in w.p.no.9456/2022. the learned single judge after considering the material on record, dismissed the writ petition vide order dated 11.08.2022. the petitioner, aggrieved by the order passed by the learned single judge, has filed this intra-court appeal.4. heard sri. udaya holla, learned senior counsel for the petitioner and sri. dhyan chinnappa, learned additional advocate general for respondents no.1 to 4 and sri. shivarudra, learned counsel for.....
Tag this Judgment! Ask ChatGPT.....the case on hand. there is no evidence to show that the respondent/accused had money for treatment and the appellate court failed to appreciate the fact that there is no material on record and presumed that the accused had sufficient money for treatment. the conclusion reached by the appellate court is illegal. the cross-examination of dw-1 shows that admittedly, the respondent was hospitalized in the year 2005 and treated as - 6 - crl.a no.172 of 2012 inpatient. it was admitted that he has spent rs.40,000/- towards medical expenses. the same is not considered. once the issuance of cheque ex-p1 and the signature found are admitted by the respondent/accused, then the appellant is entitled for statutory presumption. the appellate court failed to appreciate the fact that the accused/respondent has not adduced evidence to rebut the presumption. the appellate court has committed an error by not considering the fact that notice was sent to the correct address of the accused and she has complied the statutory obligation. therefore, the learned counsel argued that the order of the learned appellate court needs to be set-aside and the judgment of the trial court needs to be confirmed.8......
Tag this Judgment! Ask ChatGPT.....by the auction purchasers and is to be appropriated towards the amount liable to be deposited as pre-deposit under section 18 of the sarfaesi act. factual aspects in civil appeal nos.8969 & 8970 of 2022:4. that the appellant in civil appeal no.8969/2022 – sidha neelkanth paper industries private limited (hereinafter referred to as the ‘principal borrower’) approached the andhra bank for sanction of credit 2 facility and in the year 2008, it had approached standard chartered bank for taking over the debt taken by it. in the year 2010, the andhra bank sanctioned open cash credit limit for a sum of rs. 15.5 crores in favour of the principal borrower. immovable properties were mortgaged by the guarantors and by the borrower to secure the said cash credit facility. after taking over the existing cash credit facility, a further ad-hoc open cash credit to the tune of rs. 3 crores, due to the standard chartered bank, was cleared by the andhra bank. 4.1 since, the principal borrower failed to make the repayment to the andhra bank, its account was declared as a non performing asset (npa). a notice dated 10.05.2013 was issued by the andhra bank under section 13(2) of the sarfaesi.....
Tag this Judgment! Ask ChatGPT.....in the sale notice pursuant to the auction held, the auction purchaser as well as the secured creditor have preferred the present appeals.2. the facts leading to the present appeals in nut-shell are as under:2. 1 that, the respondent no.1 herein – m/s. raus constructions private ltd. (hereinafter referred to as “debtor”) availed financial assistance, credit facilities in the year 2012 from the indian bank i.e. the secured creditor. due to defaults on the part of the borrowers in [3]. servicing the loan account, the same was classified as npa. the secured creditor initiated the proceedings under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (hereinafter referred to as “sarfaesi act”) and issued the demand notice to the borrowers including the mortgagors and the guarantors, calling upon them to pay the outstanding amount. as the amount of the demand notice was not paid, the secured creditor issued notice to the borrowers / mortgagors / guarantors. that, the possession notice was issued with respect to item nos.1 to 8. the secured creditor on 05.02.2016 issued a consolidated possession notice detailing the.....
Tag this Judgment! Ask ChatGPT.....the ambit of the mandatory timeline of twelve months stipulated in the context of a domestic arbitration. the report of the committee records: “in fact, one of the provisions of the aca — section 29a — which was inserted by the 2015 amendment act, is perceived to have made arbitral institutions wary of arbitrations in india. section 29a provides for strict timelines for completion of arbitration proceedings. this has been criticised as unduly restrictive of the conduct of arbitrations by arbitral institutions which provide for timelines for different stages of the arbitration proceedings.” 13 “the committee notes that international arbitral institutions have strongly criticised the setting of timelines for conducting international commercial arbitrations. these institutions are of the view that monitoring the conduct of the arbitral proceedings is best left to the arbitral institutions. institutions have their own machinery for case management and do not require monitoring by the court. with respect to domestic arbitrations, the general opinion of arbitrators is that the timelines fixed for conducting domestic arbitrations under section 29a should take effect post.....
Tag this Judgment! Ask ChatGPT.....petitions.3. shri siddharth dave, learned senior counsel appearing on behalf of the respective petitioners has vehemently submitted that in the facts and circumstances of the case the hon’ble high court has seriously erred in holding that the period of parole is to be excluded from the period of sentence under the rules, 2006 while considering 14 years 3 9 page of of actual imprisonment for the purpose of premature release. 3.1. it is vehemently submitted by shri dave learned senior counsel for the respective petitioners that the hon’ble high court has erred in relying on the rule 335 of the rules, 2006 to hold that since period of release on parole is counted as remission, the same cannot be counted as part of sentence. 3.2. it is submitted that even while on parole the accused /convicts can be said to be in custody / judicial custody and therefore, period of parole is to be included while considering 14 years of actual imprisonment for the purpose of premature release. 3.3. it is vehemently submitted that as such the view taken by the high court is just contrary to the decision of this court in the case of sunil fulchand shah vs. union of india reported in (2000) 3.....
Tag this Judgment! Ask ChatGPT.....with the inquiry against both the parties. at this stage, it is required to be noted that it was the case on behalf of the original accused that in fact complainant had violated all building norms and had constructed a building in blatant violation of the set-back rules and had also put-up unauthorized construction on the ground floor and first floor. that thereafter, the temple filed writ petition being no.3322 of 2017 before the high court. the division bench of the high court vide order dated 10.2.2017 stayed the proceedings against temple. it appears that thereafter the complainant filed a private complaint for the aforesaid offences under the provisions of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989. from the aforesaid, it seems that the private civil dispute between the parties is converted into criminal proceedings. initiation of the criminal proceedings for the offences under sections 3(1)(v) and (va) of the 6 8 page of scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989, therefore, is nothing but an abuse of process of law and court. from the material on record, we are satisfied that no case for the.....
Tag this Judgment! Ask ChatGPT.....act, 2002 (hereinafter referred to as 'sarfaesi act'), the secured creditor – kotak mahindra bank limited has preferred the present appeal. the facts leading to the present appeal, in nut shell, are as under:1. 1 one mission vivacare (hereinafter referred to as 'debtor') advanced various credit facilities by the appellant bank – secured creditor. in order to secure the various credit facilities, plot nos. 16 and 14, situated in sez area of dhar were mortgaged along with certain movable fixed assets. 1.2 on account of default in payment of loan / debt, the bank-initiated recovery proceedings in respect of the secured assets contemplated under section 13(2) of the sarfaesi act. the bank – secured creditor filed an application before the district magistrate on 17.06.2014 under section 14 of the 2 sarfaesi act seeking assistance from taking possession of the secured assets. by order dated 24.09.2014, the district magistrate allowed the said application by directing the sdm, district: dhar to take vacant possession of the secured assets. however, no action was taken and therefore, the bank submitted applications to the district magistrate and the sdm complaining.....
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