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.... Finally, two of the said properties were sold. The 1st respondent then filed an application in the executing court for setting aside the said sale under O.XXI, r. 90 of the Code of Civil Procedure...application a Schedule comprising of 11 properties sought to be sold for the satisfaction of the claim. The appellant gave valuation of the said properties. Though the 1st respondent received a notice under...the manner and for the reasons prescribed in O.XXI, r. 90 of the
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Code of Civil Procedure, and...
...Dr. Mukundakam Sharma, J.:— This order shall dispose of the application filed by the plaintiff under order xxxix rules 1 & 2, cpc praying for a temporary injunction against the...defendant, restraining the said defendant, its servants, agents, distributors, stockists and all others acting on its behalf from manufacturing, selling offering for sale, advertising or displaying directly...fraudulent imitation thereto in relation to bath tubs of the plaintiff named as “Tiffany”, ‘Strauss’ and ‘Aruba’ which would amount to passing off, piracy and infringement of the plaintiff's design...
...property subject to the trust must not only be used for a public purpose, but it must be held available for use by the general public; second, the property may not be sold, even for a fair cash...Article 226 of the Constitution with a prayer that the appellant Karnataka Industrial Areas Development Board (in short “KIADB”) be directed to refrain from converting the lands of the respondents for any...industrial or other purposes and to retain the lands for use by the respondents for grazing their cattle. The respondents have filed a writ petition indicating that they are residents of villages and...
...owners of suit land bearing S. No. 635-R (which was revised to TS 272) admeasuring 90 cents and S. No. 635-T (revised to TS 273) admeasuring 5 acres 38 cents. The sons of Gurunatham Pillai sold the...found that when on 14-11-1944 the sons of Gurunatham Pillai had sold the above lands vide sale deed, Ext. P-1 to Khan Saheb Abdul for Rs 300, the wife of Gurunatham had no right to sell the suit plot in...that the wife of Gurunatham was the absolute owner. The trial court found from Ext. P-1 that the sons of Gurunatham had sold the lands for family necessity. In the circumstances, the trial court held...
...for s ickn es s u n der SICA. Th e Ben ch wa s s a t is fied th a t th e com pa n y h a d becom e a s ick in du s tr ia l com pa n y a s on 31 .3 .2002 in term s of Sect ion... 3 (1 )(o) of SICA a n d th e Ben ch a ppoin ted PNB a s th e Opera t in g Agen cy (OA) u / s . 17(3) of SICA with d irect ion s to p repa re a reviva l s ch em e for it , if fea s ib le ba s...s u bm it a DRS to PNB(OA) with in on e week , fa ilin g wh ich th e Ben ch will be con s tra in ed to is s u e d irect ion s for th e ch a n ge of m a n a gem en t of th e com pa n y. Th is m a y be...
...Ayurvedic medicines and duty is chargeable under ETH 3003.39 of CET. Therefore, we hold that the items in question are chargeable to duty as per ETH 3003.39. We also note that the other issue is for...determination of classification of Night Skin Care cream, as the learned counsel for the appellant has conceded this issue and prayed that the same be classified under ETH 3304.00 of CETA. On merits, we find.../Lotion are cosmetics chargeable to duty under ETH 3304.00 or classifiable as Ayurvedic medicines under ETH 3003.39 of the Central Excise Tariff Act or not...
...either within the provisions of Section 173 of the Ben. Ten. Act, or under O. 21, R. 90 of the CPC. The application which they made purported to have been made under Section 47 of the CPC, and under...O. 21, R. 90, and nothing whatever was said in the body of the petition in the way of a direct reference to Section 173 of the Ben. Ten. Act. It is quite true that the petition was based on a twofold...perhaps be argued that the petition was presented under the provisions of Section 173 of the Ben. Ten. Act, as well as under the provisions of O. 21, R. 90 of the CPC.3. The present...
...schedule for the payment of the said balance of 90% of the purchase price provided for payment to be made in sixteen six-monthly instalments of U.S $798,503.68 each, the first of such instalments being...AIR 1950 Bom 166, ILR 1950 Bom 750. It was a case where cheques and hundis were issued in payment of price for goods sold and delivered and the question was whether suc...with pro-notes provides for payment of the remaining 90% of the price “in accordance with the following Schedule of Payments” and expressly states that “the obligation to make such payments is to be...
...1. This is an appeal by some judgment-debtors in execution of a decree against whom the jama in arrears was sold and who applied for setting aside the sale. The decree-holder obtained the..., R. 90 of the CPC. On 4th May 1929, the judgment-debtors were ordered under Section 174, Clause (3) of the Ben. Ten. Act, to deposit the decretal amount by the 27th of that month. On the date last...judgment-debtors did not appear. On that, the application under O. 21, R. 90 was dismissed for default. There was then an application filed by them for review which was ultimately dismissed. They then...
...rent. On September 30, 1974, she sold it to the first respondent who got impleaded himself in the pending proceedings and also independently sought for eviction. Pending the proceedings the appellant...his wife Tavinder Kaur were joint highest bidders for a sum of Rs 1,05,000. On becoming aware of the sale on August 10, 1979 the appellant immediately filed a petition under Order 21 Rule 90 CPC...pleaded that the sale was collusive and fraudulent. The value of the site was Rs 3,50,000. It was sold for inadequate price. He was not served with any notice either under Order 21 Rule 54 or under Order...
...in Rule 89 — namely, by depositing in court the amount for the recovery of which the property was sold, together with 5 per cent on the purchase money, which goes to the purchaser as statutory...Chand, Lal Kuan, Delhi was sold by the Subordinate Judge, Delhi in execution of an ex parte decree in favour of Mohd. Mustaqim due to the failure of the judgment-debtor Hakim Mazhar-ud-Din to satisfy...the decree on May 24, 1972. On June 9, 1972 the surety made an application under Section 151 of the Code of Civil Procedure, 1908 without specifying whether it was under Order XXI Rule 89 or Rule 90...
...“Pai Foundation” (2002) 8 SCC 481 for short). It was expected that the authoritative pronouncement by a Bench of such strength on the issues arising before it would draw a final curtain on those...writ petitions, calling for settlements of several issues which were not yet resolved or which cropped up post Pai Foundation (2002) 8 SCC 481. A number of special leave petitions against interim...697 in clarification of the eleven-Judge Bench decision in Pai Foundation (2002) 8 SCC 481. A few of those unsettled questions as also some aspects of clarification are before us calling for...
...the main case is fixed on 17.07.2013. Accordingly, MA No. 90 of 2013 filed by the company stand disposed off. 1.8 In th e h ea r in g h eld on 17 .07 .2013 , th e Ben..., th e Ben ch des ired to kn ow in th e n ext h ea r in g a bou t th e s ta tu s of len ders wh eth er th e len ders a re s et t led or n ot . Th e Ben ch will ta ke a fin a l view on DRS in th e n ext...CASE NO.93/2005: M/S Silara Exports Ltd. 1 BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION CASE NO. 93/2005 : M/s SILARA EXPORTS LTD. SUMMARY RECORD OF PROCEEDINGS OF...
...& 480 , th e Ben ch d irected th e Mis c. App lica t ion s No. 478 , 479 & 4 80 a re lis ted for argument on 23.2.2012. 1.13. In toda y s h ea r in g 23 .02 .2012 in MA Nos .478 , 479...& 480 of 2011 , th e Ben ch obs erved th a t s ch em e per iod h a s a ls o en ded in 2009 a n d th e com pa n y h a s n ot a pproa ch ed BIFR th erea fter for a n y d irect ion a n d n ot filed a n y p...Board. 1.14. In the hearing held on 24.02.2012 in MA Nos.478, 479 & 480 of 2011, the Ben ch a ls o obs erved th a t th e ABS for th e la s t five yea r a n d p rogres s repor t of th...
...s h a ll be s en t to SBI for rea d y referen ce. SBI is a ls o d irected to in form BIFR a bou t th e pos it ion of th e com pa n y s a ccou n ts with th em a n d in form th e Ben ch wh eth er th e... 13 .2 .90 , th e ca s e wa s a d jou rn ed fu r th er for wa n t of s a m e in form a t ion from IFCI, SBI and Government of West Bengal. 2. In th e h ea r in g h eld on...18 .7 .90 , it wa s b rou gh t to th e n ot ice of th e Ben ch by SBI th a t th e com pa n y h a d filed a wr it pet it ion in th e Hon b le Ca lcu t ta High Cou r t a n d th e Hon b le High...
...record , th e Ben ch obs erved th a t IDBI (OA) h a s n ot s u b m it ted th e repor t a s to wh eth er th e DRS is in lin e with d irect ion of th e Hon b le High Cou r t of Ma dh ya Pra des h . IDBI (OA...l qu a lifies to be t rea ted a s a fu lly t ied u p DRS a n d wh eth er it is in lin e with d irect ion of th e Hon b le High Cou r t . (iv) OA(IDBI) to u pda te th e Ben ch rega...Case No.175/89 M/s Shree Sajjan Mills Ltd. 1 BOARD FOR INDUSTRIAL AND FINANCIAL RECONSTRUCTION BENCH OFFICE-III CASE NO.175/89-M/S SHREE SAJJAN MILLS LTD...
...under Section 90 does not apply to a copy or a certified copy even though thirty years old; but if a foundation is laid for the admission of secondary evidence under Section 63 of the Evidence Act, 1872...no occasion for interference with the impugned judgment. It is, therefore, necessary to consider whether presumption flowing from Section 90 was available to the defendants...for applying the statutory presumption under Section 90. If the document produced was a copy admitted under Section 65 as secondary evidence and it was produced from proper custody and was over thirty...
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4. Smt. Jagita Bai, W/o Late Shri Prakash Ben, Aged About 35 Years R/o Quarter No. 169, Urja Nagar, Deepika, District Korba, (Chhattisgarh) ---- Respondents For Petitioner : Shri...claimants of the present claim petition namely Sushma Ben and Haricharan Ben are the parents of the deceased Prakash Ben. Yet another claim petition bearing claim case No.90/2015 has been preferred by 2Smt.... Jagita Bai, Wd/o deceased Prakash Ben before the First Additional MACT, Surajpur. Application under Section 10 CPC was moved because for one accident two separate claim petitions have been preferred in...
...O. 21, R. 90 and Section 151 of the CPC, for setting aside the sale. A number of grounds were urged in support of this petition, one of which was that the property had been...as the holding is sold and that fact alone is sufficient to enable him to maintain an application under Section 173 of the Ben. Ten. Act. In my opinion therefore the application must fail and is accordingly dismissed with costs...., but this decision was reversed on appeal and the suit was sent back to the Munsif for disposal on the merits. The Munsif thereupon went into the merits, and although he held that the sale had taken...
...petitioners moved the Chief Metropolitan Magistrate for bail. When that petition was pending consideration, the prosecution submitted charge-sheet. The charge-sheet was filed on 23-6-1988 for offences under...Sections 21, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. On 22-7-1988 the petitioners filed an application for bail under Section 167(2) CrPC on the ground that the charge...-sheet was filed after the expiry of 90 days of their arrest. On 29-7-1988 learned Magistrate enlarged them on bail on their furnishing self bonds in the sum of Rs 2 lakhs each with two surety bonds in the...