.....memorandum of association vide art.3 9 enumerates its objectives, primary of which is to promote & protect inter alia trade, commerce, service & manufacture. there are 3,000 ‘direct members’ and about 2,50,000 ‘indirect members’ drawn from all sectors of trade, commerce & industry, spread all over karnataka state. it is a member of national bodies like ficci, assocham & overseas enterprises. all this is not in dispute. however, petitioners contention that the fkcci is an instrumentality of state under article 12 of the constitution in the light of ajay hasia v. khalid mujib sehravard1 and therefore, for the redressal of grievance of the kind, writ petition is maintainable, is bit difficult to countenance. fact matrix of the said decision is miles away from the argued case of the petitioner. (ii) merely because the avowed objects of a private body linguistically partake the nature of certain functions which ordinarily governmental bodies do, it does not thereby become a limb or agency of the state. the indicia to become one are different and apparently 1 (1981) 1 scc72210 lacking in the formation, & functioning of fkcci. a body is formed inter alia for promoting the public.....
Tag this Judgment! Ask ChatGPT.....by way of arbitration, the parties are bound by it and as such are required to be referred to arbitration. the respondents were aware of the fact that the arbitration proceedings would be held at bangalore and have consented to the same. be that as it may at this stage this court cannot give a categorical finding on this aspect. the above finding is only a prima facie finding for referring the matter to arbitration. this prima facie finding would not in any manner preclude the respondent from raising the issue relating to jurisdiction, which shall be - 43 - cmp no.599 of 2022 and connected matters considered by the arbitrator in accordance with applicable law. 11.3. the seat and venue being fixed at bengaluru, the arbitration being required to be held at arbitration and conciliation centre which only operates out of bengaluru, i am of the considered opinion that the present disputes would have to be referred to an arbitrator conducting the proceedings in terms of the said rules of 2012 in bengaluru. 11.4. in the event of an award being passed in favour of the petitioner, the execution proceedings would also have to be filed in bengaluru since the court referred to in.....
Tag this Judgment! Ask ChatGPT.....by way of arbitration, the parties are bound by it and as such are required to be referred to arbitration. the respondents were aware of the fact that the arbitration proceedings would be held at bangalore and have consented to the same. be that as it may at this stage this court cannot give a categorical finding on this aspect. the above finding is only a prima facie finding for referring the matter to arbitration. this prima facie finding would not in any manner preclude the respondent from raising the issue relating to jurisdiction, which shall be - 43 - cmp no.599 of 2022 and connected matters considered by the arbitrator in accordance with applicable law. 11.3. the seat and venue being fixed at bengaluru, the arbitration being required to be held at arbitration and conciliation centre which only operates out of bengaluru, i am of the considered opinion that the present disputes would have to be referred to an arbitrator conducting the proceedings in terms of the said rules of 2012 in bengaluru. 11.4. in the event of an award being passed in favour of the petitioner, the execution proceedings would also have to be filed in bengaluru since the court referred to in.....
Tag this Judgment! Ask ChatGPT.....company and when the cbi had no jurisdiction to register the complaint the entire proceedings have to be quashed. he would further emphasise the fact that the cbi draws its strength for entering into these proceedings only on the basis of master circular issued by the reserve bank of india which cannot confer jurisdiction, as any circular or master circular issued under any enactment will not 10 confer jurisdiction, but only in cases where the statute itself confers. therefore, he would submit that the entire registration of crime by the cbi is rendered without jurisdiction.9. joining the issue, the learned senior counsel sri hashmath pasha would submit that the offence punishable under section 120b of the ipc cannot be a standalone offence as the fir is for the offences punishable under section 120b r/w 420 of the ipc; the substantive offence being section 120b of the ipc. therefore, the entire proceeding is vitiated. he would also place reliance on a judgment rendered by this court in the case of steel hypermart inida private limited and others v. cbi and another – criminal petition no.919 of 2021 decided on 2.08.2022 to contend that once a writ petition is pending.....
Tag this Judgment! Ask ChatGPT.....by way of arbitration, the parties are bound by it and as such are required to be referred to arbitration. the respondents were aware of the fact that the arbitration proceedings would be held at bangalore and have consented to the same. be that as it may at this stage this court cannot give a categorical finding on this aspect. the above finding is only a prima facie finding for referring the matter to arbitration. this prima facie finding would not in any manner preclude the respondent from raising the issue relating to jurisdiction, which shall be - 43 - cmp no.599 of 2022 and connected matters considered by the arbitrator in accordance with applicable law. 11.3. the seat and venue being fixed at bengaluru, the arbitration being required to be held at arbitration and conciliation centre which only operates out of bengaluru, i am of the considered opinion that the present disputes would have to be referred to an arbitrator conducting the proceedings in terms of the said rules of 2012 in bengaluru. 11.4. in the event of an award being passed in favour of the petitioner, the execution proceedings would also have to be filed in bengaluru since the court referred to in.....
Tag this Judgment! Ask ChatGPT.....by way of arbitration, the parties are bound by it and as such are required to be referred to arbitration. the respondents were aware of the fact that the arbitration proceedings would be held at bangalore and have consented to the same. be that as it may at this stage this court cannot give a categorical finding on this aspect. the above finding is only a prima facie finding for referring the matter to arbitration. this prima facie finding would not in any manner preclude the respondent from raising the issue relating to jurisdiction, which shall be - 43 - cmp no.599 of 2022 and connected matters considered by the arbitrator in accordance with applicable law. 11.3. the seat and venue being fixed at bengaluru, the arbitration being required to be held at arbitration and conciliation centre which only operates out of bengaluru, i am of the considered opinion that the present disputes would have to be referred to an arbitrator conducting the proceedings in terms of the said rules of 2012 in bengaluru. 11.4. in the event of an award being passed in favour of the petitioner, the execution proceedings would also have to be filed in bengaluru since the court referred to in.....
Tag this Judgment! Ask ChatGPT.....and additional chief metropolitan magistrate & mact, bengaluru allowing the application filed by the petitioner under section 319 of the crpc.2. facts adumbrated are as follows:- the petitioner/complainant claims to be a leading name in the manufacture of sheet metal fabricated products and transformer tanks for overseas and domestic market to meet specific needs of customers and claims to have spread all over the world. the petitioner and one r.n.banerji and son entered into a memorandum of understanding (‘mou’ for short) on 2-02-2006, in terms of which r.n.banerji and son were appointed as marketing associates of the petitioner and were required to market and install resistant doors – ‘system schroders’ door and clean room and duct door 31 manufactured by the complainant. it is the claim of the petitioner that in terms of mou, r.n.banerji and son became responsible for marketing, promotion, after service installation etc. subsequent to signing of mou, one mr. jolly banerji began placing purchase orders in the name of ‘rnb design arc systems’ (‘rnb’ for short) and due to the long standing business relationship between the petitioner and r.n.banerji and son,.....
Tag this Judgment! Ask ChatGPT.....filed a common written statement denying the identity of the schedule property. they also contended that the plaintiff have suppressed the material facts and therefore, the plaintiff society has not approached the court with clean hands and sought for dismissal of the suit. it was also contended on behalf of the defendants that the land acquired by the bda cannot be granted to a society and bulk allotment is incorrect and placed reliance on the principles of law enunciated in a case reported in (1) ilr1995kar1962and (2) ilr1991kar2248 defendant nos.2 to 42 claim that they are the purchasers of the individual sites from b.r. prabhakar, b.r. chandrashekhar, b.r. sudhakar and b.r. madhukar through their general power of attorney holder p.ramdas 14 i.e., defendant no.1 and therefore, the plaintiffs have no right over the suit property and sought for dismissal of the suit.10. based on the rival contentions, trial court raised the following issues: (1) whether the plaintiff proves its lawful possession of the suit schedule property?. (2) does the plaintiff prove the alleged interference by the defendants?. (3) what decree/order?.11. in order to discharge the burden cast on the.....
Tag this Judgment! Ask ChatGPT.....that court cannot be a mute and silent spectator to the illegal acts and therefore, he would submit that the court below having regard to the facts and circumstances of the case was justified in exercising inherent power. placing reliance on the judgment rendered by the allahabad high 17 court, he would contend that the court in exercise of inherent power can pass suitable orders so as to preserve and protect public trust properties during the pendency of the application for leave under section 92 of the code. banking on the propositions laid down by the allahabad high court in the judgment cited supra, he would contend that the courts are not precluded in taking congnizance of situation and even in absence of express provision in the code, the court can usurp the inherent jurisdiction conferred under section 151 of cpc. and pass appropriate orders. he would point out that the jurisdiction to protect the property pending ascertainment of rights is inherent in any court and the courts are duty bound to safeguard them.12. heard the learned senior counsel for the respective parties and perused the order under challenge. i have also gone through the judgments cited by the.....
Tag this Judgment! Ask ChatGPT.....by way of arbitration, the parties are bound by it and as such are required to be referred to arbitration. the respondents were aware of the fact that the arbitration proceedings would be held at bangalore and have consented to the same. be that as it may at this stage this court cannot give a categorical finding on this aspect. the above finding is only a prima facie finding for referring the matter to arbitration. this prima facie finding would not in any manner preclude the respondent from raising the issue relating to jurisdiction, which shall be - 43 - cmp no.599 of 2022 and connected matters considered by the arbitrator in accordance with applicable law. 11.3. the seat and venue being fixed at bengaluru, the arbitration being required to be held at arbitration and conciliation centre which only operates out of bengaluru, i am of the considered opinion that the present disputes would have to be referred to an arbitrator conducting the proceedings in terms of the said rules of 2012 in bengaluru. 11.4. in the event of an award being passed in favour of the petitioner, the execution proceedings would also have to be filed in bengaluru since the court referred to in.....
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