Judgment Search Results Home > Cases Phrase: financial obligations Page 7 of about 60,246 results (0.019 seconds)

United States Trust Co. Vs. New Jersey

Court : US Supreme Court

..... beyond dispute, the contract clause has come to prohibit a state from embarking on a policy motivated by a simple desire to escape its financial obligations or to injure others through "the repudiation of debts or the destruction of contracts or the denial of means to enforce them. ..... [ footnote 25 ] the trial court recognized to an extent the special status of a state's financial obligations when it held that total repudiation, presumably for even a worthwhile public purpose, would be unconstitutional. ..... thus, a state cannot refuse to meet its legitimate financial obligations simply because it would prefer to spend the money to promote the public good, rather than the private welfare of its creditors. ..... [ footnote 22 ] the instant case involves a financial obligation, and thus, as a threshold matter, may not be said automatically to fall page 431 u. s. ..... if a state could reduce its financial obligations whenever it wanted to spend the money for what it regarded as an important public purpose, the contract clause would provide no protection at all. ..... the composition plan enabled the city to meet its financial obligations more effectively. ..... any financial obligation could be regarded in theory as a relinquishment of the state's spending power, since money spent to repay debts is not available for other purposes. ..... the contract clause is not an absolute bar to subsequent modification of a state's own financial obligations. .....

Y. Sidda Reddy Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 2006(3)ALD546; 2006(1)ALT354

..... ., the state, the employers and the employees continue to believe that the state would take the whole financial obligation ..... . nothing is brought to our notice either from the language of any one of those schemes or any other law which create legal obligation on the state to render financial assistance to the private educational institutions to meet the expenditure to be incurred by virtue of the application of those various schemes ..... it is not very clear from the judgment whether it was pleaded that the state owes a legal obligation to render financial assistance to the aided schools to the extent of fully reimbursing the amount required to be paid towards the salary of the teachers.19. ..... 9 of 2000 to make it prospective, but on a re-examination of the issue and having regard to the financial implications involved in implementation of the act prospectively, the state thought it fit to abrogate its legal obligations created under the various government orders enumerated in the preamble to the ordinance and therefore a legislative decision was taken to overrule the undertaking given by the executive before a full bench of this court. ..... the crucial question was whether the state owes a further obligation to extend necessary financial assistance to the managements of the private educational institutions to comply with their obligations to maintain parity in the matter of payment of salaries and other allowances to the teachers was neither raised nor decided in those two decisions. .....

Prithvi Raj Singh Vs. Dalip Kulkarni and ors.

Court : Rajasthan

Reported in : AIR1999Raj201; 1999(2)WLC667

..... 1) imposes corresponding obligations with regard to the discharge of liability to the financial obligations, as aforesaid, upon respondent no. ..... as regards discharge of the corresponding financial obligations imposed upon respondent no. ..... 1 become sole and exclusive responsible for the financial obligations to be performed by respondent no ..... 1), i am of the view that notwithstanding the fact highlightened by the trial court in para 9 of its judgment that as per clause 6, the defendant also had certain corresponding obligations to fulfil and it was sole responsibility of defendant towards financial institutions by executing documents and also by substituting personal guarantees given by the appellant to those financial institutions, a reference may be made to the evidence of plaintiff prithviraj singh wherein he has stated that he was not required to get permission from the ..... 1, hence it is not open to the said respondent or his associates to wriggle out of their obligations incurred towards financial institutions referred to above for which the appellant is entitled to seek specific performance. ..... . 5 to 9) are wholly responsible to perform their corresponding obligations to make the payment of the amount due to the financial institutions namely riico, because it cannot be expected of the financial institutions to run on bank guarantees alone which were earlier executed by the appellant and upon complete take over of management of kopyrite company as on the date of execution of m.o.u. .....

State of West Bengal Vs. Brindaban Chandra Pramanik and anr.

Court : Kolkata

Reported in : AIR1957Cal44,61CWN27

..... i shall presently give, i am inclined to hold that the said words must be read ejusdem generis with the preceding terms 'loans' and 'guarantees', and, in my opinion, liabilities, like the present, though undoubtedly in the nature of financial obligations' in the broader sense, would not come within the said expression as used in article 9 but would properly come within the description of 'liability in respect of an actionable wrong' as used in the next article 10 which seems to me to be ..... serajuddin batley, : [1954]1scr378 , where the calcutta decisions : air1950cal159 & : air1950cal463 were approvingly referred to by their lordships to express terms and the ejusdem generis meaning of the expression 'other financial obligations' in the quoted phrase 'loans, guarantees and other financial obligations' as appearing in article 9, indian independence (rights, property and liabilities) order, 1947, and the correlation of that article to section 178, government of india act, 1936, were apparently accepted. ..... liabilities which have accrued or may accrue under 'the contract' or any such contract' ' in the earlier parts of the article (article 8), are sufficient to show that by the words 'loans, guarantees and other financial obligations' were meant only contractual liabilities of some special type as distinguished from contractual liabilities in general, i do not think it is possible to contend, in view of the clear language of the two provisions (section 177 and article 8), that they .....

Delhi High Court Bar Association and anr Vs. Govt of Nct of Delhi and ...

Court : Delhi

..... in order to meet the financial ..... , groups, and communities, can be evaluated on three standards: (i) physical access, including the geographic proximity of, as well as ease of entry afforded to, law enforcement agencies and more importantly, the courts; (ii) financial access, including the affordability of legal services and court processes; (iii) technical access, including the relative complexity of procedural requirements and legal language, the treatment public officials afford those attempting to access ..... v. connecticut, 401 us371(1971) also rejected the argument that charging such fees served as an effective deterrent to unmeritorious litigation and was necessary for the financial maintenance of the justice system: the arguments for this kind of fee and cost requirement are that the state's interest in the prevention of frivolous litigation is substantial, ..... from time to time hand down decisions which have financial implications and the government is obligated to loosen its purse recurrently pursuant to ..... order, 1980 and repealed the provisions contained in article 5(1) and (3) of the 1980 order, which relieved the litigants in person who were in receipt of income support, from the obligation to pay court fees and permitted the lord chancellor to reduce or remit the fee in any particular case on grounds of undue financial hardship in exceptional ..... fees]. oblige some people who have a right to come to court to disclose their financial affairs and seek to be .....

Radmacher (Formerly Granatino) (Respondent) Vs. Granatino (Appellant)

Court : UK Supreme Court

..... have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire; (b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future; (c) the standard of living enjoyed by the family before the breakdown of the marriage; (d) the age of each party to ..... so, in the financial position in which they would have been if the marriage had not broken down and each had properly discharged his or her financial obligations and responsibilities towards ..... that child was alive or a child of the family at the time the agreement was made where under the general law of contract the agreement is unenforceable, including if the contract attempted to lay an obligation on a third party who had not agreed in advance where one or both of the couple did not receive independent legal advice before entering into the agreement where the court considers that the enforcement ..... , there is also nothing to stop husbands and wives who are not yet separated from making legally enforceable agreements about their financial rights and obligations while they are living apart. ..... to stop husbands and wives who are on the point of separating, or who are already separated, from making legally enforceable agreements about their financial rights and obligations while they are living apart. .....

Gatx India Pvt. Ltd. Vs. Arshiya Rail Infrastructure Limited and anr.

Court : Delhi

..... heavy losses; undergoing cdr, which prima facie indicates that it would be difficult for them to honour their debts and financial obligations; their assets are charged in favour of lenders some of whom seem to have already initiated proceedings to recover their dues against the security given therefor; there are statutory dues and other higher priority obligations; and winding up proceedings are pending against respondent no.2, the obstruction to the execution of the award that ..... the correspondence on record (emails dated 22.04.2013, 14.05.2013, 27.05.2013, 17.07.2013, 23.08.2013, 30.08.2013, 31.08.2013, 05.09.2013, 12.09.2013), it seems that the petitioner had been constantly asking the respondents to share information on the cdr process its projected financial implication on respondents business and credit profile and also how the obligations under the lease were expected to be fulfilled, but the concern of the petitioner does not seem to have been addressed ..... owing to the weak financial position and inability to service their debt obligations, lenders of both the respondents are restructuring the corporate debt of both the respondents. ..... learned senior counsel for the petitioner submits that respondent no.1 has committed fundamental breach of its material contractual obligations, and is now reneging from its liabilities on baseless and frivolous grounds of delay and defect, whereas the fact is that it is unable to meet its obligations owing to its dismal financial position. .....

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

..... in order to meet the financial ..... , groups, and communities, can be evaluated on three standards: (i) physical access, including the geographic proximity of, as well as ease of entry afforded to, law enforcement agencies and more importantly, the courts; (ii) financial access, including the affordability of legal services and court processes; (iii) technical access, including the relative complexity of procedural requirements and legal language, the treatment public officials afford those attempting to access ..... v. connecticut, 401 us371(1971) also rejected the argument that charging such fees served as an effective deterrent to unmeritorious litigation and was necessary for the financial maintenance of the justice system: the arguments for this kind of fee and cost requirement are that the state's interest in the prevention of frivolous litigation is substantial, ..... from time to time hand down decisions which have financial implications and the government is obligated to loosen its purse recurrently pursuant to ..... order, 1980 and repealed the provisions contained in article 5(1) and (3) of the 1980 order, which relieved the litigants in person who were in receipt of income support, from the obligation to pay court fees and permitted the lord chancellor to reduce or remit the fee in any particular case on grounds of undue financial hardship in exceptional ..... fees]. oblige some people who have a right to come to court to disclose their financial affairs and seek to be .....

IAE International Aero Engines AG, Represented herein by its Attorney, ...

Court : Karnataka

..... are petitioners before this court, the liability of respondent ubhl exists in law and there is also no dispute that the principal borrower, kfal has failed to pay off and discharge its financial obligations towards the creditors and was accordingly ordered to be wound up by this court on 18/11/2016 and those winding up petitions by the secured and unsecured creditors against it ..... against these suppliers for supplying defective aero engines to kfal which have not only resulted in huge losses to the said erstwhile subsidiary company of the respondent - ubhl, but for whose financial obligations, it gave the corporate guarantees in question in the year 2010- 2011 when the master debt re-structuring agreement was executed between the parties and thus on account of failure ..... the respondent - company, ubhl had any bona fides in the matter and they had some reasonable and concrete proposal to salvage the respondent company and settle its financial obligations amicably with the petitioning creditors, a viable, reasonable and bona fide arrangement or scheme could always be produced before the court, after consultation and ..... 178. the assertion of duress or coercion on a corporate body like respondent - company, ubhl, at the point of time when these guarantees were extended to the creditors for securing the financial obligations of kfal towards them, firstly, is a question of fact to be established by the plaintiff, ubhl and secondly these guarantees were extended in normal course of business in .....

Iae International Aero Engines Ag Vs. United Breweries(holdings) Limit ...

Court : Karnataka

..... before this court, the liability of respondent ubhl exists in law and there is also no dispute that the principal borrower, kfal has failed to pay off and discharge its financial obligations towards the creditors and was accordingly ordered to be wound up by this court on 18/11/2016 and those winding up petitions by the secured and unsecured creditors against it were ..... these suppliers for supplying defective aero engines to kfal which have not only resulted in huge losses to the said erstwhile subsidiary company of the respondent ubhl, but for whose financial obligations, it gave the corporate guarantees in question in the year 2010- 2011 when the master debt re-structuring agreement was executed between the parties and thus on account of failure ..... the respondent - company is also in negative and there is not even an iota of hope of the said company, ubhl reviving its net worth in positive in such a manner to meet the financial obligations of the petitioners against it and it is not only a commercially insolvent company, but otherwise also it is absolutely just and equitable to wind up the respondent - date of order 07-02-2017 co.p.no.57/2012 ..... respondent company, ubhl had any bona fides in the matter and they had some reasonable and concrete proposal to salvage the respondent company and settle its financial obligations amicably with the petitioning creditors, a viable, reasonable and bona fide arrangement or scheme could always be produced before the court, after consultation and .....