..... the written statement was filed, she was with her son in karnataka and after she came back, she verified the facts and thereafter, she filed amendment application seeking permission to incorporate the following facts: (a) to add new para 12(a) that after institution of this suit the defendant has completely removed the fencing iron wire with rods fixed by the plaintiff in 1970 to separate with other portion of the land, with ill motive and thereby the remaining lands measuring 69 decimals have also been amalgamated in the suit land involving the subject lands into total 91 decimals. (b) at page 6 schedule 'a' will be amended as follows by deleting 3rd line onwards entirely: all that measuring 91 decimals (in place of 22 decimals) and plot no. 466, 467, 468, 469 and 470 within khata no. 4 bounded as follows: north: coal depot of hemant agarwal; south: land of banwarilal agarwal;.....
Tag this Judgment! Ask ChatGPT.....payment. the petitioner contended that the company was not in a position to pay debt, even though on number of occasions, it had acknowledged the fact of unsettled accounts and its liability to make payment for the books sold and delivered. since the debt was not discharged, this application under sections 433 read with 434 and 439 of the companies act, 1956 is filed praying for the winding up of the company. the company, on the other hand, contended that though the agreement contains a payment schedule, it was contingent upon the receipt of payment following the practice of the trade. the company has also stated that the property in the goods did not pass on to them unless they were able to sell the goods. the allegation put forth by the said company against the petitioner was that the quantities of books supplied were without the assent of the company. it was also contended that the supply of books was not made according to the order placed inasmuch as the books, which had no market at all, used to be dumped in the warehouse of the company. the company was compelled to accept front list books and books which had no such market. the petitioners caused a breach of contract to.....
Tag this Judgment! Ask ChatGPT..... to be challenged by the order dated 14th august, 2013 passed in i. a. no. 5995 of 2013 . 3. the chronology of facts which are material for adjudication of the instant issue are being briefly narrated hereunder: petitioner was working in the capacity of junior engineer in road construction department and the charges in the departmental proceedings relate to the period of his posting at road division, daltonganj in 2006. 4. as a matter of fact, petitioner was proceeded in two different 2. chargesheets, one under office order no. 17 dated 24th january, 2012 bearing memo no. 563 issued by the respondent no.3, engineerinchief, road construction department, govt. of jharkhand. charges therein are also in substance similar to the charges contained at annexure5/1 bearing order no. 4, memo no. 106 (s) dated 6th january, 2012 issued by the same respondent no. 3. under the office order no. 17 containing four charges, the allegations relate.....
Tag this Judgment! Ask ChatGPT.....159 of 2010 by the learned principal judge, family court, ranchi whereby the application under section 125 cr.p.c. was dismissed holding that the factum of marriage was not established.2. learned counsel for the petitioner has submitted that the issue regarding the factum of marriage was adjudicated as issue no.3. it is submitted by the learned counsel that while adjudicating the said issue, the learned principal judge, family court, ranchi, without calling for the documents or report from the marriage officer at raghunathpur, purulia has relied on the letter produced by the opposite party-husband alleged to be received from the office of registrar general of marriage, west bengal wherein it was informed that mr. sushil kumar dutta, who had issued the marriage certificate, had retired in january, 2006. that on the said basis, the court below had held that since marriage officer had retired on 27.01.2006, hence the question of solemnization of marriage of the petitioner with opposite party on 08.06.2010, is not acceptable. learned counsel has submitted that the court below erred in holding that since purulia is at a distance of 125 kilometers, it is not possible that marriage.....
Tag this Judgment! Ask ChatGPT.....that they are the real beneficiaries of the defaults that have occurred on the exchange platform. it is submitted that defendant nos. 1 to 4 are in fact simply vehicles to perpetuate the illegalities which were conceived by defendant nos. 5 to 16 and which illegalities were for the sole benefit of defendant nos. 5 to 16. (j) defendant no. 17 -- deepak prakash rane is the auditor of defendant no. 1. (k) defendant nos. 18 and 19 -- walker chandiok and co. and m/s. sudhir sunil and co. respectively are the auditors of defendant no. 4. according to the plaintiff, defendant nos 17 to 19 have colluded and contributed to the default committed by the defaulter member being defendant no. 1 and their clients being defendant nos. 2 to 4. defendant nos. 17 to 19 being in charge of accounts of defendant nos. 1 and 4 respectively were aware of the transactions entered into by defendant nos. 1 to 4 on the plaintiff's exchange and were therefore aware of the wrong doings of defendant nos. 1 to 4 and have acted in connivance with defendant nos. 1 to 4 in their wrong doing. (l) defendant no. 20 â“prime-zone developers pvt. ltd. is a party who has received money to the tune of rs. 31.10.....
Tag this Judgment! Ask ChatGPT.....by which the petitioner is terminated and discharged from his services as block development officer (bdo for short) with immediate effect. 2. brief facts of the case may be summarised as follows:- on 4.1.1982, the petitioner joined the services of state, government of goa as assistant teacher. with the permission of directorate of education, he applied for the post of bdo on 12.9.1996. the respondent no. 4 selected the petitioner for the post of bdo on 3.1.1997, he was appointed initially on the probation for a period of two years. the acrs from 1.4.1997 to 2002 were recorded as good, very good and satisfactorily. the petitioner has never been intimated about any adverse remark in the petitioner's acr. on 8.10.2004, the petitioner was terminated from services and such order is passed by the authority based upon the adverse remarks passed somewhere after 31.3.2002 which was never been communicated to the petitioner. 3. it is the claim of the petitioner that he successfully passed the examination and after the end of two years the petitioner was deemed to be confirmed. according to the petitioner provisions of rule 5 of the temporary civil services are wrongly made applicable to.....
Tag this Judgment! Ask ChatGPT.....an order dated 17.08.2015 passed therein, posting the matter for orders on the main petition as well as an interlocutory application. ? 2. the basic facts which are necessary to decide this petition are as follows: the karnataka state financial corporation, having obtained a decree for recovery of rs.2,61,28,017.57/- had filed execution petition no.33/2000, to enforce the said decree dated 15.11.1999. sale proclamation having been issued and the court auction in respect of the property shown in the schedule of the execution petition having been conducted and sale having been made, ia no.3 was filed, under order xxi rule 94 read with section 151 of cpc, for confirmation of the sale by auction. the said application was allowed on 27.08.2005, making the sale, which was accepted on 19.04.2003, absolute. sale certificate ordered to be issued pursuant to the order dated 27.08.2005, was issued on 09.09.2005. i.a.no.4 filed by the respondent, under order xxi rule 90 read with sections 47 and 151 cpc, to set aside the sale by auction, was considered and an order rejecting the same was passed on 16.01.2006. certain other proceedings have taken place and they being not relevant to decide.....
Tag this Judgment! Ask ChatGPT.....whether the order passed by the magistrate acquitting the accused persons, needs to be interfered with or not. for deciding this, reference to a few facts and dates would be necessary. 7. the process against the accused was issued by an order dated 26th august 1993. the plea of the accused persons was recorded on 7th april 1994. the roznama of the said data indicates that the case was thereafter kept for recording of evidence. 8. i have carefully gone through the roznama of the case, a certified copy of which is annexed to the appeal memo. it appears that the complainant did not remain present before the magistrate at any time after the issuance of process, except, perhaps on 8th december 1994. it appears that totally 29 adjournments were granted by the magistrate after the plea of the accused persons was recorded, and the case was kept for recording of evidence. it is on the 30th date given i.e. 10th february 2000 that accused came to be acquitted as contemplated under section 256 of the code of criminal procedure. 9. mr.naik contended that the order passed by the magistrate is proper and legal. he submitted that the case was continuously kept for hearing, but the complainant.....
Tag this Judgment! Ask ChatGPT.....said order, the parties to the proceedings were directed to make sealed bids to buy/sell their shareholdings. 2. a brief reference to the relevant facts would be necessary. the appellant no.1 is a company registered under provisions of the said act. one group of shareholders comprises of appellant nos.2 to 11 while the other group comprises respondent nos.1 to 5. both the groups had filed proceedings before the board under provisions of sections 397 and 398 of the act. the appellantsâ™ group had filed company petition no.46 of 2005 while respondentsâ™ group had filed company petition no.46 of 2005. both these petitions were heard together and by judgment dated 7-5-2008, the board dismissed company petition no.76/2007 and allowed company petition no.46/2005. the illegal increase and allotment of thirty thousand equity shares in favour of appellant nos.2, 3 and 4 was declared as null and void and after setting aside the same, status quo ante was restored. a further liberty was given to consider appointing of auditors for carrying out investigative audit. an option was also given to the parties to buy/sell their 50% shareholding at rs.2,70,00,999/- or at a value as.....
Tag this Judgment! Ask ChatGPT.....of the hon'ble supreme court in the case of kantilal v. state of maharashtra (supra). the apex court has observed thus:- "36. the abovestated facts and circumstances would prove that the alleged dying declaration, on which much reliance has been placed by the defence, cannot be said to be an admissible and reliable document. the fact that the alleged dying declaration (exh.d-4) did not bear endorsement of dw 2 to the effect that it was read over and explained to the deceased, also created a doubt on its credibility and truthfulness." 16. it could thus be seen that the apex court has held that not bearing an endorsement to the effect that the dying declaration was read over and explained to the deceased, also created a doubt on the credibility and truthfulness. 17. the division bench of this court in the case of shivaji patdukhe (supra), even prior to the judgment of the apex court in the case of shaikh bakshu and kantilal (supra) has observed thus:- "13. the dying declaration at exh.24, according to us, can not be relied upon as the statement was never read over to deceased durgabai and there is no endorsement to that effect. when the declaration was not read over to.....
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