Court : Kolkata
Decided on : May-04-2017
..... signature lying in the united bank of india, dharmatala branch, 39, lenin sarani, kolkata 700 013 for operating current bank account in the name of asha kutir silpa, a partnership firm, where the defendant was a partner in the year 2005. in the affidavit-in-opposition, however, the plaintiff has not disputed the contentions regarding the appointment of a handwriting ..... directed to compare his other admitted signatures on the vokalatnama and written statement filed before this court as also his contemporaneous signatures lying in his bank account, bearing no.482548515 (indian bank, burra bazar) and also with the alleged signatures of the defendant lying with the current bank accounts, being a/c nos.0085250301831 and 0085250301865 lying at dharmatala branch, ..... such evidence is not regarded as conclusive. since such opinion evidence cannot take the place of substantive evidence, courts have, as a rule of prudence, looked for corroboration before acting on such evidence. on perusal of the judgment it appears in paragraph 30 that the ratio has been decided by the court otherwise. the apex court says that what emerges ..... the opinion upon that point of the persons specifically skilled in such subject is relevant. their lordships opined that a handwriting expert is relevant under section 45 of the evidence act. according to mr.drolia a handwriting expert recognised by the government should be appointed to verify the genuineness of the signature on the disputed document on the basis of which .....Tag this Judgment!
Court : Chennai
Decided on : Feb-24-2017
..... , it does not mean that what was manufactured by the assessee is only medallion. the product manufactured by the assessee even though called as 'medallion', it is pendant in the indian context. it is an ornament worn by hainging in the chain or necklace. it is common knowledge that the award/medal conferred on special and ceremonial occasinos would be normally ..... valuable investment. the question arise for consideration is; is there any difference between pendant and medallion? the meaning of the word 'pendant' and 'medallion' has to be construed in the indian context. normally, the pendant would be worn as an ornament along with chain or necklace. the pendent in common parlance may also be called as medallion. the medallion has to ..... the notice of the respondent, after affording sufficient opportunity of hearing to the petitioner, the order was passed imposing penalty on them. according to the learned assistant solicitor general, the act and rules do not differentiate these two items namely 'medallion' and 'pendant' however, the handbook of procedure and foreign trade policy clearly describe that wastage permitted for 'pendant' is ..... of rs.61.76 crores under section 11 (2) of the foreign trade (development and regulation) act, 1992 on the petitioner for having violated the conditions of the letter of approval. 2. the case of the petitioner is that the petitioner firm is a partnership firm engaged in the business of import and export of gold jewellery and other precious stones since .....Tag this Judgment!
Court : Jharkhand
Decided on : Nov-21-2017
..... has been passed by the director general of police, jharkhand, ranchi. it is the case of the petitioner that the petitioner had a registered partnership firm namely m/s. dinesh kumar nag under class ii contractor in the road construction department, government of jharkhand. the petitioner had claimed to ..... sections 147, 148, 149, 341, 342, 323, 506, 379, 435, 427, 353, 307 of the indian penal code, section 27 of the arms act and section 17 of the criminal law amendment act in which the petitioner was arrested on 27.01.2017. the petitioner claims that on account of a clipping in ..... and to fill up the lacuna subsequently which is apparent in view of the first supplementary counter affidavit filed by the state, the state has acted thus and the same should be condemned. learned counsel further submits that on the face of second counter affidavit the order of the director ..... further pointed out that a designated authority is defined in section 2(e) of the act but concerned principal secretary being not designated by the state government he was not authorized to either confirm or revoke any order of attachment. pursuant ..... management, government of jharkhand, ranchi. it has been stated that the statutory period of sixty days in terms of section 25(3) of the act for either confirming or revoking the order of attachment was not passed and, therefore, the order of attachment itself has become redundant. learned counsel has .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-21-2017
..... and bankruptcy code, 2016. it is a comprehensive code enacted as the preamble states, to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the ..... board or the appellate authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purposes of section 196 of the indian penal code (45 of 1860). 15. reference to board. (1) when an industrial company has become a sick industrial company, the board of directors of the company, shall, ..... the respondent company on the grounds mentioned above may now be taken up. to answer the aforesaid question, the following provisions of sica may be noticed: 3. definitions. in this act, unless the context otherwise requires, (e) industrial company means a company which owns one or more industrial undertakings; (f) industrial undertaking means any undertaking pertaining to a scheduled ..... the following actions, namely: (a) take immediate custody and control of all the assets of the corporate debtor, including the business records of the corporate debtor; (b) represent and act on behalf of the corporate debtor with third parties, exercise rights for the benefit of the corporate debtor in judicial, quasi- judicial or arbitration proceedings; (c) raise interim finances .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-10-2017
..... dated 8th april, 1960. the hindustan steel ltd. (now known as the steel authority of india ltd.) initiated the arbitration proceeding against the respondent partnership firm claiming a sum of rs.15,79,635.46 on account of loss and damages for breaches of a contract dated 8th april, 1960 for ..... his award in accordance with the general law of the land and the agreement. (iv) over the years, the english and indian courts have acted on the assumption that where the agreement does not prohibit and a party to the reference makes a claim for interest, the arbitrator ..... under the contract, the jurisdiction of the arbitrator to consider and award interest in respect of all periods subject only to section 29 of the arbitration act, 1940 and that too the powers of the court thereunder, has to be upheld. considering the informality attached to an arbitration proceeding, it was observed ..... unless the award is perverse, arbitrary, capricious and/or unreasonable the court cannot interfere. when a court is examining an arbitration award, it does not act as a court of appeal and consequently errors of fact cannot be corrected. a possible view by the arbitrator on facts has necessarily to pass muster ..... adv., gopal chatterjee, adv. soumen sen, j.:- this is an application for setting aside of an award under sections 30 and 33 of the arbitration act, 1940. the claim in the arbitration proceeding is on account of damages suffered by the respondent/claimant due to failure on the part of the petitioner herein .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-03-2017
..... a cost of rs.14.21 lakh and let out the same in march 1996. further it permitted construction of a kalyan mandap by m/s. incon associates, a private partnership firm, on the disputed land in 1996-97. ooa started receiving rent from the 23 shops from march 1996 and from kalyan mandap from january 1999. list of proprietor of ..... in my prima facie view, has become the parental property of some individuals. if prima facie materials emerged during enquiry, a case should be registered under appropriate sections of the indian penal code or any other provisions of law, and the same should be investigated. the report of the additional director general of police, crime branch and/or the investigating officer ..... misconduct is a relative term, and has to be construed with reference to the subject-matter and the context wherein the term occurs, having regard to the scope of the act or statute which is being construed. misconduct literally means wrong conduct or improper conduct. in usual parlance, misconduct means a transgression of some established and definite rule of action, ..... . noticed: 5. misconduct has been defined in black s law dictionary, 6th edn. at p. 999 thus: a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour, its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness. misconduct .....Tag this Judgment!