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Judgment Search Results Home > Cases Phrase: nepali Sorted by: old Year: 2008 Page 37 of about 424 results (0.012 seconds)

Nov 05 2008 (HC)

Dauji Farms Limited and ors. Vs. Dena Bank and anr.

Court : Chhattisgarh

Decided on : Nov-05-2008

Reported in : AIR2009Chh22

ORDERSatish K. Agnihotri, J.1. By this petition, the petitioners seek to challenge the validity and legality of the notice dated 28-7-2008 (Annex-ure-P/4) under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act'). Further challenge is to the reply dated 10-10-2006 (Annexure-P/6) to the legal notice of the petitioners and intimation-cum-letter demanding possession of securities dated 23-10-2006 (Annexure-P/9).2. The indisputable facts, in nutshell, as projected by the petitioners, are that the petitioner No. 1 is a public limited company, engaged in the business of milling, sorting & trading of rice and related products. Petitioners Nos. 2 & 3 are the Directors of the petitioner No. 1. According to the petitioners, the petitioner No. 1 was allegedly given financial assets in the shape of packing credit hypothecation limit, foreign bill purchase limit, term loan and foreign letter of cred...

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Nov 06 2008 (TRI)

V. Radhakrishnan Vs. the Chief of the Naval Staff and Others

Court : Central Administrative Tribunal CAT Ernakulam

Decided on : Nov-06-2008

DR. K.S. SUGATHAN, M (A) 1. The applicant in this OA was working as Deputy Armament Supply Officer-I (DASO-I) in the Naval Armament Supply Organisation. He superannuated on 31.12.2002. He is aggrieved by the denial of NFSG Grade to him even though his juniors were granted such NFSG by order dated 7.1.2002/11.1.2002 (A/1). The applicant made several representations against the denial of NFSG. He was given reply by the respondents that he could not be empanelled for NFSG as he did not fulfil the bench mark, and not because of the adverse remarks in his ACR of 1997-98 which have been expunged. The applicant sought the following relief in the OA: "a) To issue a writ of certiorari or any other appropriate writ, order or direction quashing Annexure-A6 communication No. CP (G)/2112/ DASO (NFSG) dated 19.08.2005 issued by the 2nd respondent; b) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to give the applicant all benefits of placemen...

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Nov 06 2008 (SC)

Comed Chemicals Ltd. Vs. C.N. Ramchand

Court : Supreme Court of India

Decided on : Nov-06-2008

Reported in : 2008(4)AWC4009(SC); 2008BusLR22(SC); (2009)1MLJ953(SC); 2008(13)SCALE717; (2009)1SCC91

C.K. Thakker, J.1. The present petition is filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') praying to Hon'ble the Chief Justice of India to appoint third Arbitrator as Presiding Arbitrator or to appoint Sole Arbitrator as deemed fit in the facts and circumstances of the case.2. It is the case of the applicant that it is a Company known as M/s Comed Chemicals Ltd. registered under the Indian Companies Act, 1956. Mr. Ashwani Kapil is the authorized signatory who has approached this Court. It is stated in the application that the Company is doing business in chemicals in the field of bio-technology. To expand the business, the Company floated a subsidiary company in the name and style of Comed Biotech Ltd. For the said purpose, it entered into a Memorandum of Understanding (`MoU' for short) and appointed Dr. C.N. Ramchand (respondent herein) on September 4, 2003 for the development of products in the field of bi...

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Nov 07 2008 (SC)

Ratan Kumar Vishwas Vs. State of U.P. and anr.

Court : Supreme Court of India

Decided on : Nov-07-2008

Reported in : AIR2009SC581; (2009)1SCC482

Arijit Pasayat, J.1. Leave granted.2. Challenge in this appeal is to the Judgment of a learned Single Judge of the Allahabad High Court dismissing the application filed by the appellant for suspension of sentence and grant of bail. Appellant-Ratan Kumar Vishwas has filed an Appeal No. 6636 of 2006 questioning his conviction the offence punishable under Sections 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short `the Act'). He was sentenced to undergo rigorous imprisonment for 14 years and to pay a fine of rupees two lacs with default stipulation. Learned Additional Sessions Judge, Fast Track Court No. 1, Kanpur Nagar has found the appellant guilty and convicted and sentenced him as aforesaid.3. Brief facts of the case as projected by prosecution are that a secret and reliable information on 5.3.2004 was received by the complainant an officer of the N.C.B., Varanasi that huge quantity of Charas was being brought from Nepal to Kanpur in Truck No. UHN 9137 an...

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Nov 07 2008 (SC)

Mukund Swarup Mishra Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Nov-07-2008

Reported in : AIR2009SC1685; JT2009(1)SC281; 2008(13)SCALE698

R.V. Raveendran J.1. The Indian Express in its issues dated 2nd to 5th August, 2002 carried news reports alleging irregularities in allotment of Retail Outlets, LPG distributorship and SKO-LDO dealerships, by selection of relatives/associates of political functionaries. Questions were also raised in the Parliament in regard to the alleged irregularities. In view of the said controversy, on a review on 5. 8. 2002, the Prime Minister of India directed the Ministry of Petroleum & Natural Gas to initiate steps to cancel all allotments made on the basis of recommendations of Dealer Selection Boards from January, 2000 till that date. In pursuance of it, a formal order dated 9. 8. 2002 was issued by the Government of India, Ministry of Petroleum & Natural Gas, cancelling all allotments made in regard to the retail outlets, LPG distributorship and SKO - LDO dealerships on the recommendations of the Dealer Selection Boards since 1. 1. 2000. The relevant portion of the said order reads thus:Havi...

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Nov 07 2008 (HC)

Baiji C. Varghese Vs. State of Kerala

Court : Kerala

Decided on : Nov-07-2008

Reported in : 2009(1)KLJ89

ORDERK. Hema, J.1. Can an application under Section 438 of the Code of Criminal Procedure Code ('the Code', for short) for anticipatory bail be permitted to be withdrawn?2. According to prosecution, petitioner's husband (A9) was the President of a Bank and he is an active politician also. In pursuance of criminal conspiracy hatched among him and various accused including petitioner (A21), an amount of Rs. 75 lakhs (which is more than the permissible limit of loan which could be sanctioned by the Bank) was advanced to petitioner's firm, on the strength of mortgage by deposit of title. Thereafter, the title deeds which were deposited in Bank were clandestinely taken out by the accused from the Bank, and properties covered by the deeds were sold. The President, Secretary, other office bearers of the Bank and loanees criminaly conspired to commit offences of misappropriation, forgery, falsification of accounts etc., and caused a huge loss to the bank by misappropriation of its funds. Vario...

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Nov 10 2008 (HC)

A. Janardhan Shetty, S/O. Late Sankappa Shetty and ors. Rep. by Gpa Ho ...

Court : Karnataka

Decided on : Nov-10-2008

Reported in : ILR2009KAR2159

1. These appeals are filed by the appellants-petitioners being aggrieved by the impugned order dated 31.10.2006 passed by the learned Single Judge dismissing WP. No. 23987/2005 along with connected writ petitions.2. The appellant-petitioners claim to be the owners of land bearing Sy. No. 76/1 of Nagawara Village. They are challenging the notifications bearing Nos. CI.88 SPQ 2005 dated 30.4.2005 issued under Section 3(1) of Karnataka Industrial Area Development Act, 1966 (hereinafter called as KIAD Act) bearing No. CI/88 SPQ 2005 dated 30.4.2005 issued under Section 28(1) No. CI.88 SPQ 2005 dated 30.4.2005 issued under Section 28(4) No. CI 309 SPQ 2005 dated 24.9.2005 issued under Section 28(4) of KIAD Act' to declare the area comprised in Sy. No. 76/1 of Nagawara Village as an Industrial Area and also for acquiring the land in question for the purpose of Industrial Estate is illegal, as the same is in contravention of KIAD Act, Karnataka Land Acquisition Act, Karnataka Town and Country...

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Nov 12 2008 (FN)

Winter Vs. Natural Resources Defense Council, Inc.

Court : US Supreme Court

Decided on : Nov-12-2008

Winter v. Natural Resources Defense Council, Inc. - 07-1239 (2008) SYLLABUS OCTOBER TERM, 2008 WINTER V. NATURAL RESOURCES DEFENSECOUNCIL, INC. SUPREME COURT OF THE UNITED STATES WINTER, SECRETARY OF THE NAVY, etal. v NATURAL RESOURCES DEFENSE COUNCIL, INC., etal. certiorari to the united states court of appeals for the ninth circuit No. 071239.Argued October 8, 2008Decided November 12, 2008 Antisubmarine warfare is one of the Navys highest priorities. The Navys fleet faces a significant threat from modern diesel-electric submarines, which are extremely difficult to detect and track because they can operate almost silently. The most effective tool for identifying submerged diesel-electric submarines is active sonar, which emits pulses of sound underwater and then receives the acoustic waves that echo off the target. Active sonar is a complex technology, and sonar operators must undergo extensive training to become proficient in its use. This case concerns the Navys use of m...

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Nov 12 2008 (FN)

Zalewska (Ap) (Appellant) Vs. Department for Social Development (Respo ...

Court : House of Lords

Decided on : Nov-12-2008

LORD HOPE OF CRAIGHEAD My Lords, 1. By the Treaty on Accession that was signed in Athens on 16 April 2003 an agreement was entered into for the accession on 1 May 2004 of 10 new member states to the European Union, including the Republic of Poland. The European Union (Accessions) Act 2003 made provision for the Accession Treaty to be implemented into domestic law. One of the issues that the Accession Treaty addressed in the case of the acceding member states other than Cyprus and Malta (“the A8 states”) was the freedom of movement for workers which is guaranteed by article 39 of the Treaty establishing the European Community (“article 39EC”). The accession of Cyprus and Malta, on account of their small size, was not seen as being likely to overload the labour markets of the 15 existing member states. But it was decided as an integral part of the Treaty to lay down conditions as to access to their labour markets by nationals of the A8 states. 2. Part 2 of Annex ...

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Nov 12 2008 (FN)

In Re E (a Child) (Ap) (Appellant) (Northern Ireland)

Court : House of Lords

Decided on : Nov-12-2008

LORD HOFFMANN My Lords, 1. I have had the privilege of reading in draft the opinion of my noble and learned friend Lord Carswell. I agree with it and, as he has dealt fully with the facts and the law, I shall not detain your Lordships by covering the same ground. For the reasons he gives, I would dismiss the appeal. 2. It may however be of some assistance in future cases if I comment on the intervention by the Northern Ireland Human Rights Commission. In recent years the House has frequently been assisted by the submissions of statutory bodies and non-governmental organisations on questions of general public importance. Leave is given to such bodies to intervene and make submissions, usually in writing but sometimes orally from the bar, in the expectation that their fund of knowledge or particular point of view will enable them to provide the House with a more rounded picture than it would otherwise obtain. The House is grateful to such bodies for their help. 3. An intervention is howe...

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