4.2 Simultaneous Proceedings under DRT and SARFAESI - 4.2.1 Transcore Vs Union of India – Facts- An Original Application (O.A.) was filed by Indian Overseas Bank (Bank) before the DRT‚ Chennai for recovery of dues from M/s Transcore (T) and to bring the properties to sell. The claim was disputed. Later on‚ a notice under Section 13(2) of the SARFAESI Act was issued vide which T was called upon to repay the amount due together with interest within sixty days. T failed to repay the amount. The
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Johnson Bank v. George Korbakes & Co.‚ LLP Commercial Law 03/17/2013 Facts of the case Brandon Apparel Group‚ Inc. (“Brandon”) was involved in the business of manufacturing and sales of casual apparel as well as licensed other companies to manufacture‚ distribute and sell its clothing lines. Additionally‚ Brandon had licensing agreements with several colleges‚ universities‚ and sports organizations‚ such as the National Football League. In 1997 Brandon borrowed funds from Johnson
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applies to any weakness or predisposition of the plaintiff to a particular injury or illness regardless of the defendant’s knowledge. An illustration of this rule can be found in the following case which are; Smith v Leech Brain & Co Ltd (1962) and Robinson v Post office (1974) 1 WLR 1176. The case of Smith v Leech Brain is about a galvanizer who is the plaintiff’s husband and work at the defendant’s company. His job is to lift articles into a tank of a molten metal via a crane. The plaintiff’s husband
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Shoeless Joe by W.P. Kinsella Section A: The novel‚ Shoeless Joe‚ by W.P. Kinsella is set on Ray Kinsella’s farm‚ in Iowa City‚ during the 1970’s. During the 1970’s‚ the ownership of farms was quickly decreasing because larger companies started to buy them off the small owners. The Kinsella farm had acquired great value and even though Ray’s brother-in-law Mark pushed him to sell it‚ he would always turn down the offer or suggestion. Ray had heard a voice say to him “If you build I‚ he will come
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The Significance of the Right to Effective Counsel in a Criminal Case and Powell v. Alabama The right to counsel is a fundamental common law principle that aims to set a fair criminal trial. The right to have the assistance of counsel for defence is the right of a criminal defendant to have a lawyer assist in his defence‚ even if he cannot afford one. This right comes from a variety of sources‚ the first one being the Sixth Amendment to the United States Constitution‚ which is the part of the United
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Although students do not lose their rights as they walk through the school gates‚ their rights are restricted for the safety of others. The court case of Tinker v. Des Moines argues the same issue of the rights of students while on school grounds. “Because the appearance of the armbands distracted students from their work‚ they detracted from the ability of the school officials to perform their duties
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is that enough? If not‚ what should we do? The letters alone are not enough to help Mr. Jamison. Herrera v. Collins says that‚ generally‚ a “free-standing” claim of innocence based solely on newly discovered evidence does not state a ground for federal habeas relief‚ unless it is coupled with an independent constitutional violation that occurred in the criminal proceedings. Herrera v. Collins‚ 506 U.S. 390‚ 400-01 (1993). The Court seemingly left open the question of whether a very powerful showing
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Terry Fedrick v. Cliff Nichols d/b/a C&N Truck and Trailer Repair The term Bailment is derived from the French Bailor‚ "to deliver". A bailment is a temporary transfer of property to another for a limited time and for a specific purpose. The transfer of property in a bailment is only in regards to possession‚ not ownership. The bailor is the owner of the transferred property. The bailee holds the transferred property. The property is held in trust for the benefit of the bailor. A bailment is completely
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percentage points. It is also expected to reduce educated unemployment‚ increase work opportunities and increase the real wages for unskilled workers – thus reducing poverty amongst labor classes. Effectiveness of the programs According to a study‚ the percentage of India’s population living below the poverty line in 2004-05 was estimated at 27.8 percent. The Government has been able to reduce this rate by only an average of 0.74 percent since 1993. Statistics clearly indicate that the poverty
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in the South was needed. This made the American economy dependent upon slavery. There was much debate about the ethics of slavery and many thought it to be wrong. In 1857‚ the United States Supreme Court case of “Dred Scott v. Sandford” took place that changed America as we know it. This case brought up the issues of slavery and the future of the US. It brought to light the important responsibility politicians have in making important decisions that can affect the future. A
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