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Shri Rahul Sharad Awasthi Vs. Shri Ratnakar Trimbak Pandit and ors.

Court : Mumbai

Subject : Civil

Acts : Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 1(2), 3, 4, 4(1), 4(2), 5, 16, 16(2), 100A and 102; Code of Civil Procedure (CPC) Amendment Act, 1978 - Sections 97; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 7, 10, 13, 16 and 32; Constitution of India - Articles 226 and 227; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 97; Code of Civil Procedure (CPC) , 1908 - Order 6, Rules 5, 15, 17 and 18 - Order 20, Rule 1; General Clauses Act, 1897 - Sections 6; Sphere of Benami Transactions (Prohibition) Act, 1988; Companies Act, 1956 - Sections 10F

Reported in : 2004(3)ALLMR896; 2004(5)BomCR50; 2004(4)CTC241; 2004(3)MhLj706

till the rest of the career of the suit coupled with the fact that Section 6 of the General Clauses Act, 1897 declares that where the said Act or any Central Act repeals any enactment, unless a different intention appears, … in appeal against an original or appellate decree or order has been destroyed by the above amendment.(b) In Section 16 of the above Amendment Act, 2002, only three types of matters have been saved, whereas the amendment dealt

Dr. Partap Singh Vs. the State of Punjab

Court : Punjab and Haryana

Subject : ConstitutionService

Acts : India (Provisional Constitution) Order, 1947; Civil Services Rules (Punjab), 1941 - Rules 1.6, 3.26 and 5.32 ; Constitution of India - Articles 13, 14, 19, 23, 226, 309, 311, 313 and 372(1); Government of India Act, 1935 - Sections 241; Punjab Civil Services Rules, 1959 - Rules 3.13, 3.26, 7.2, 8.15, 8.21, 8.41A, 8.42 and 8.44A; Punjab Civil Medical Service, Class 1 (Recruitment and Conditions of Service) Rules, 1940 - Rule 17; Provincial Law; General Clauses Act, 1897 - Sections 16 - Schedule - Article 311; Punjab Civil Services (Punishment and Appeal) Rules, 1952 - Rule 4

Reported in : AIR1963P& H298

Matched in: Advocate Party in person S.M. Sikri, Adv. General and; M.S. Punnu, Dy. Adv. General

Ganesh Morto Naik Vs. Goa State Co-operative Bank Ltd. and anr.

Court : Mumbai

Subject : Service

Acts : Constitution of India - Articles 34, 226, 309 and 311; Multi State Co-operative Societies Act, 1984 - Sections 42(2), 44, 45 and 51; Banking Regulation Act; General Clauses Act, 1897 - Sections 16

Reported in : 1992(1)BomCR610

Act vests in the Board. It is needless to say that as provided under section 16 of the General Clauses Act, 1897, unless a different intention appears, the power to make appointment includes the power to dismiss the employee from

Heckett Engineering Co. Vs. their Workmen

Court : Supreme Court of India

Subject : Service

Acts : General Clauses Act, 1897 - Sections 16; Industrial Employment (Standing Orders) Act, 1946 - Sections 5(3)

Reported in : AIR1977SC2257; [1977(35)FLR422]; 1977LabIC1843; (1978)ILLJ23SC; (1977)4SCC377; [1978]1SCR693; 1977(9)LC706(SC)

for passing such order. We may also in this connection recall the provisions of Section 16 of the General Clauses Act, 1897, Whether or not the section in terms applies to the aforesaid Standing Orders of the Company which are

Smt. Mahendri Chhabra and ors. Vs. State of U.P. and ors.

Court : Allahabad

Subject : Civil

Acts : Uttar Pradesh Municipalities Act, 1916 - Sections 9; General Clauses Act, 1897 - Sections 16 and 21

Reported in : 2003(3)AWC2556; (2003)2UPLBEC1361

rescind that order. These general principles have been given statutory recognition in Sections 16 and 21 of the General Clauses Act, 1897. The general power to undo a thing or to remove or dismiss from office is subject to restrictions, … which may be imposed by contract by terms of appointment or by statute. This is specifically provided in Section 16 where it is said 'unless a different intention appears'. The U.P. Municipalities Act does not exhibit an intention

State of Madhya Pradesh and ors. Vs. Vishnu Prasad Sharma and ors.

Court : Supreme Court of India

Subject : Property

Acts : Land Acquisition Act, 1894 - Sections 4, 4(1), 4(2), 5, 5A, 6, 7, 8 to 15, 16, 17, 17(1), 17(4), 18 to 28, 31 to 34, 38 to 44, 48, 48(1), 48(2), 48(3), 49, 49(2) and 49(3); General Clauses Act, 1897 - Sections 21

Reported in : AIR1966SC1593; 1966MhLJ969(SC); [1966]3SCR557

(2), 48 (3), 49, 49 (2) and 49 (3) of Land Acquisition Act, 1894 and Section 21 of General Clauses Act, 1897 - whether number of declarations under Section 6 can be issued successively in respect of different piece of … order for the acquisition of the land. Sections 8 to 15 provide for the proceedings before the Collector. Section 16 authorises the Collector to take possession after he has made the award under section 11 and thereupon the

Union of India Vs. Savitri Aggarwal and ors.

Court : Delhi

Subject : Service

Acts : General Clauses Act, 1897 - Sections 16; Central Health Service Rules, 1963; Delhi Municipal Corporation Act, 1957 - Sections 90

Reported in : ILR1972Delhi154

the Union' within the meaning of Articles 310 and 311 of the Constitution. Under section 16 of the General Clauses Act. 1897, the authority who has power to make an appointment is presumed also to have the power to dismiss

Oswal Vanaspati and Allied Industries Vs. State of Uttar Pradesh

Court : Allahabad

Subject : CivilFood Adulteration

Acts : Prevention of Food Adulteration Act, 1954 - Sections 16 and 17(1); General Clauses Act, 1897 - Sections 3(42)

Reported in : [1992]75CompCas770(All)

the Act includes a company in view of the definition of person given in Section 3(42) of the General Clauses Act, 1897 ; Section 16 of the Act thus applies to companies as well as to natural persons. The punishment for offences provided … the Act includes a company in view of the definition of person given in Section 3(42) of the General Clauses Act, 1897 ;Section 16 of the Act thus applies to companies as well as to natural persons. We are, therefore, of the

Maharashtra Chamber of Housing Industry and Others Vs. State of Mahara ...

Court : Mumbai

Subject : Land Acquisition

Section 6 of the Rajasthan General Clauses Act, 1955 and which is identical to Section 6 of the General Clauses Act, 1897. Section 6 of the General Clauses Act, 1897 reads as under:- “6. Effect of repeal: – Where this Act, … Thandur v. Union of India, (1996) 3 SCC 690 : (1996 AIR SCW 1700 : AIR 1996 SC 1643), Darothi Clare Parreira (Smt.) v. State of Maharashtra, (1996) 9 SCC 633 : (1996 AIR SCW 3179 :

Rajasthan Pharmacy Council, Jaipur Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Service

Acts : Pharmacy Act, 1948 - Sections 22 and 26; General Clauses Act, 1997; General Clauses Act, 1897 - Sections 16

Reported in : 2001(1)WLC722; 2001(2)WLN434

Matched in: Advocate Mahendra Singh, Adv. M. Rafiq, Additional Advocate General