Judgment Search Results Home > Cases Phrase: appointment in exercise of a power Court: chennai Page 3 of about 10,113 results (0.071 seconds)

Medchel Chemicals and Pharmaceuticals Pvt. Ltd. Vs. Dr. D.C. Mallik an ...

Court : Chennai

Reported in : [1998]94CompCas259(Mad)

..... : air1969cal95 , wherein it has been held that when the president appoints a person as a director of the company, such appointment is only in exercise of the powers conferred by the articles of association of the company and not by virtue of any powers under the constitution of india and, therefore, a person appointed by the president does not become a servant of the government ..... magistrate, who heard both the petitions filed by the employees of the mmtc has found that the director, who is arrayed as the eleventh accused in c. c. no. 5232 of 1995, was appointed by the president of india, whereas all others including the fifth accused were appointed by the office bearers of the mmtc who can be removed by them and section 197 of the criminal procedure code, 1973, is not attracted for sanction, and, therefore, he dismissed ..... it cannot be stated that the president of india derives the powers under the constitution of india for the appointment of the directors or the chairman of the companies owned ..... . natarajan, learned senior counsel, also would contend that as the president himself is the appointing authority of the eleventh accused, he can be removed only by the sanction of the union government, and, therefore, the order of the learned magistrate in discharging the ..... association provide the method of appointment of office bearers of the company by virtue of such powers under the articles of association, the president of india, as head of the union government, appoints any director .....

Capt. N. Gopalakrishnan (Retired) Vs. Union of India, Rep by the Secre ...

Court : Armed forces Tribunal AFT Regional Bench Chennai

..... we are of the firm view that neither the applicant, nor the respondents, nor the high court can confer the jurisdiction, that too, the exercise of power under article 226 of the constitution of india, which has specifically been excluded under section 14 of the armed forces tribunal act 2007 ..... the central administrative tribunal has been conferred with the exercise of power under article 226 of the constitution of india but it cannot exercise the powers of the supreme court ..... . jurisdiction, powers and authority in service matters-(1)save as otherwise expressly provided in this act, the tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all courts (except the supreme court or a high court exercising jurisdiction under article 226 and 227 of the constitution) in relation to all ..... . the jurisdiction powers and authority of tribunal have been enumerated under section 14 of the administrative tribunal act, 1985, as follows:- 14(1) save as otherwise expressly provided in this act, the central administrative tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all court except the ..... . once the exercise of power under articles 226 and 227 of the constitutions has specifically been excluded from this tribunal under section 14 of the armed forces tribunal act, 2007, the view taken by the honourable high court of .....

C. Andiappan and Others Vs. The Joint Commissioner, Tamil Nadu Hindu R ...

Court : Chennai Madurai

..... in n.h.m.pandian, the hereditary trustee contended that the appointment of a fit person in exercise of the power conferred by section 54(2) was illegal, in respect of cases covered by section 53(4). ..... taken to be proved, the delinquencies complained therein are attributable to the parents of the appellants and the same cannot be passed-on to the children, (c) that if the appointment of an executive officer in the place of a trustee is to be preceded by the observance of principles of natural justice, the same logic would apply even to the appointment of a fit person, but the principles of natural justice has been violated in this case, and (d) that even if the appellants deserved to be suspended, either pending ..... but the division bench of this court held that the power to appoint fit person under section 53(4) was a special provision covering a specific contingency and that therefore the general power of appointment of a fit person available under section 54(2) stood excluded by section 53(4). ..... the division bench also observed that the right to succeed to the office of trusteeship is akin to a property right and that therefore, before making the appointment, the hereditary trustee must be informed of the reasons and his explanation called for. ..... the commissioner {1970 (2) mlj 599}, wherein the court pointed out that the power under section 45 by its very nature is a drastic one and that therefore it is to be exercised reasonably and fairly. .....

K. Subramanian Vs. Secretary to Government, Co-operation Food and Cons ...

Court : Chennai Madurai

..... it is only with a view to avoid such a situation, exercising his general power of special officer, the petitioner appointed one ravindran on daily wage basis of rs.35/- and therefore, it was only a normal performance of duty and not violation ..... price shops under his control, with a view to avoid any absence of employee, it seems that the petitioner exercising his power as special officer was appointed one ravindran on daily wage basis of rs.35/-. ..... 16 .apart from this, the petitioner also filed additional typed set of papers stating that there are three employees were appointed as temporary and the enquiry officer also given appropriate reason that the charges were not proved, but the fourth respondent, who passed the impugned order of punishment by ..... therefore, with a view to avoid such a contingency in the capacity of the petitioner as special officer, he has appointed the said ravindran on daily wage of rs.35/- per day, so that he could be deputed to man a shop in which the permanent ..... the respondents 1 and 2 filed a counter affidavit stating that originally, the petitioner was appointed as junior inspector of cooperative societies and promoted as senior inspector of co-operative societies and thereafter, he was deputed as special officer of nannilam agricultural co-operative bank z.376 (now called as nannilam primary ..... this arrangement was made purely on temporary basis exercising his discretionary power of the petitioner as special officer, which is equivalent to the governing .....

K. Kalyani Vs. the Chairman, Chengalvaraya Naicker Trust and ors.

Court : Chennai

Reported in : (1998)2MLJ33

..... under sub-section (2) of section 3 of that act a committee of management consisting of certain officials specified therein has been appointed to exercise and perform the powers, duties and functions of the board of trustees. ..... by the state government in the public interest and in order to secure the proper management of the pachaiyappa's trust and that for this purpose the power, duties and functions exercised and performed by the board of trustees should be exercised and performed by the government either directly or through a committee of management appointed by the government;and whereas any delay in taking over the management of the pachaiyappa's trust would highly be detrimental to the interests and objects of ..... the vesting of management of pachaiappas trust in the government and section 4 declares that the members of the board of trustees of pachaiyappa's trust shall cease to hold office as members of such board and the committee of management shall exercise the powers of the board of trustees and perform the duties and functions of the board, notwithstanding anything contained in any other act or in the pachiappa's trust. ..... (2) every person holding office as president, secretary, manager or correspondent of a private school or exercising the powers of secretary under this act on the date of the commencement of this act shall be deemed to be a secretary under this act.section 18(1)(c): functions of school committee and responsibility of educational agency under the act:- .....

1.Executive Director, Vs. 1.The Additional Director,

Court : Chennai

..... ).dated 07.07.1997 in exercise of powers conferred under section 4(1) of the customs act, 1962, the government of india has appointed all officers to the directorate of revenue intelligence to be the officers of customs.therefore, the 2nd repsondent being the gazetted officer of the customs.is empowered to issue summons under section 108 of ..... cannot be construed as customs officer, in the subsequent notification by inserting section 28(11) all the officers of the directorate of revenue intelligence are to be construed as the officers of customs and the dri officials have been appointed as customs officers in exercise of the powers conferred under section 4(1) of the act. ..... the government of india vide notification no.31/97 cus (n.t) dated 07.07.1997, in exercise of the powers conferred by sub section (1) of section 4 of the customs act, 1962, all officers of the directorate of revenue intelligence are the officers of customs.therefore, the 2nd respondent is empowered to issue summons under section ..... the petitioners is that the summons issued by the 2nd respondent is highly arbitrary, without application of mind and without proper delegation of powers.challenging the summon dated 03.08.2015, the petitioners are before this court with the present writ petition. ..... section 108 speaks about any gazetted officer of the customs.who has the power to summon the concerned, either to give evidence or produce the documents for enquiry under the act and the senior intelligence officer cannot be .....

Seshadri Ayyangar Vs. Nataraja Ayyar and ors.

Court : Chennai

Reported in : (1898)ILR21Mad179

..... . section 7 enacts that in all cases described in section 3 the local government shall appoint one or more committee in every division or district and such committee...shall exercise all the powers heretofore performed by the board of revenue and local agents, except in respect of property specially provided for under section 21 of the ..... the seventh section of the act provides for the appointment of committees 'to take the place and to exercise the powers of the board of revenue and the local agents under the regulation hereby ..... , say: ' the devastanam committee appointed under act xx of 1863 exercise the same powers of supervision that were formerly exercised by the board of revenue under regulation vii of 1817, but the property of the temple is not vested in them, nor do they represent the ..... of course, a court may in a suit appoint a receiver who will exercise the powers of the trustee who has been dismissed pending the decision whether he has been ..... important question then that arises for consideration is what are the powers of the temple committee, (a) in regard to the control they can exercise in the management of the temples in which the nomination of the trustee is vested in them under section 3, and (b) over the individual appointed to the office.15. ..... of upholding the view put forward would be to reduce the temple committee to a mere nonentity, whereas the plain object of their appointment was to invest them with all the powers which the board of revenue used to exercise. .....

Khadar Shariff and ors. Vs. Tamil Nadu State Wakf Board and ors.

Court : Chennai

Reported in : AIR1987Mad40; (1987)IMLJ159

..... such wakfs were created or intended :provided that in exercising its powers under this act in respect of any wakf, the board shall act in conformity with the directions of the wakf, the purposes of the wakf and any usage or custom of the ..... that may be made under this act, the general superintendence of all wakfs in a state shall vest in the board established for the state; and it shall be the duty of the board so to exercise its powers under this act as to ensure that the wakfs under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which ..... as nearly as practicable similar, to the original object;provided that no direction shall be given under this clause without giving the parties affected an opportunity of being heard.explanation :- for the purposes of this clause, the powers of the board shall be exercised, -(i) in the case of a sunni wakf, by the sunni members of the board only; and(ii) in the case of a shia wakf, by shia members of the board only;provided that where having regard ..... if the board could be said to have the power of appointing an executive officer, such power should be exercised only if there is any necessity therefor. ..... the karnataka wakf board appointed an ad hoc committee in exercise of its power under s. .....

PravIn Kumar Vs. P. Rajeswaran and ors.

Court : Chennai

Reported in : AIR1988Mad132; (1987)IIMLJ481

..... the section reads thus :-'every will shag be revoked by the marriage of the maker, except a will made in exercise of a power of appointment, when the property over which the power of appointment is exercised would not, in default of such appointment, pass to his or her executor or administrator, or to the person entitled in case of intestacy. ..... there is no gift-over or express disposition in default of the exercise of that power a gift may be implied to the class equally in default of appointment or 'the appointment is construed in the manner the appointee would select'. ..... enacts that when any property is bequeathed to or for the benefit of certain objects, or for the benefit of certain objects in such proportion, as a specified person may appoint, if the power is not exercised, the property belongs to all objects of the power in equal shares.21. ..... is observed in that case that a donee of a power, when he exercises the said power, must be deemed in the eyes of law to transfer the property to the appointee and that it must be considered as equivalent to transferring the property of the testator in favour of the persons appointed or adopted. ..... the exercise of the power is-called an appointment ; and the persons taking the property under such an appointment are called appointees, and not grantees or assigns ..... in his 14th edition on wills observes that the principles which govern wills of immovables are in general applicable to the exercise by will of powers of appointment over immovables. .....

Thirubhuvanam Silk Handloom Weavers' Co-operative Production and Sales ...

Court : Chennai

Reported in : (1992)2MLJ260

..... to the ordinance are not immediate and present or and are vague and not germane to the object stipulated in that clause of the article, the promulgation of the ordinance is a colourable exercise of power and that the effect of the legislation has been to settle the dispute between the complainants on the one hand and the elected members and office bearers of the managing board of the co- ..... persons who are not the registrar but appointed to exercise some or all the powers of the registrar have been authorised by the government to appoint special officers. ..... general body of its members and in section 33 that the management of every registered society shall vest in a board constituted in accordance with the provisions of the act, the rules and the by-laws, which shall exercise such powers and perform such duties as may be conferred or imposed on it by the act, the rules and the by-laws, and in section 33(10) that the term of office of a member who is elected to any ..... the view that we have taken may lead it to hold that the amendment act is a colourable exercise of power and the legislature has acted beyond its competence in terminating the tenure of elected or nominated members of the boards ..... (3) the special officer appointed under sub-section (1) shall, subject to the control of the registrar and to such directions as he may, from time to time give, have power to exercise all or any of the functions of the board or of any officer of the society and to take such action as may be .....