Judgment Search Results Home > Cases Phrase: appointment in exercise of a power Court: chennai Page 4 of about 10,113 results (0.042 seconds)

K. Nithiyanantham Vs. State of Tamil Nadu Rep. by Its Secretary to Gov ...

Court : Chennai

Reported in : 2006(1)CTC1; [2007(1)JCR423(Mad)]; (2006)1MLJ1

..... indeed this court, while considering the provisions of section 30-a of the karnataka act, which enabled a special officer appointed to exercise and perform all the powers and functions of the committee of management or any officer of the co-operative society (and not merely functions), to the view that the administrator or a special officer can exercise powers and functions only as may be required to the interests of the co-operative society. ..... kuttappan, : air2000sc2378 , taking into consideration the relevant provisions of the kerala and karnataka acts, held that the administrator or a special officer, appointed by the registrar, can exercise powers and functions only as may be required to the interests of the co-operative society and he should conduct elections as enjoined under law with the members as on the rolls and he is not vested with power to enrol new members of the society.'25. ..... act or in any other law for the time being in force or in any judgment, decree or order of any court or other authority, the special officer appointed under sub-section (1) of section 88 or under sub-section (1) of section 89, or the administrator appointed under sub-section (12) of section 33, as the case may be, shall have the power of exercising the functions of the board under clause (i) of sub-section (2) of section 21, to admit, any individual eligible for admission, as a member of the society, in accordance with .....

Smt. Valli Alagappan Vs. Cgt

Court : Chennai

Reported in : (2002)176CTR(Mad)596

..... the generality of the foregoing, includes,(a) the creation of a trust in property;(b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;(c) the exercise of the power of appointment (whether general, special or subject to any restrictions as to the persons in whose favour the appointment may be made) of property vested in any person not the owner of the property, to determine its disposition in favour of any person other than the ..... donee of the power; and(d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his ..... return of ornaments transferred in favour of the assessee after the power of revocation is exercised, the transferee is also given the power to change, alter or remake the ornaments made weight by ..... assessee had the right of revocation only after the expiry of the period of 74 months from the date of transfer and she should exercise the power of revocation within a period of three months from the date of expiry of 74 months and in case she fails to revoke within the said period of three months, the power of revocation would lapse.9. .....

C. Balakrishnan and Another Vs. Arulmighu Vishwanathaswamy Temple Rep. ...

Court : Chennai

..... according to this definition, executive officer is a person who is appointed to exercise such powers and discharge such duties appertaining to the administration of a religious institution as are assigned to him by or under the act or the ..... before filing the suit is applicable only to executive officer defined under section 6(9) of the act, who are appointed by the commissioner as per section 45 of the act and exercise such powers and discharge such duties as may be assigned by the commissioner, whereas the hereditary trustee, who fall under the definition of section 6(11) ..... -section (2) to section 45 says that the executive officer shall exercise such powers and discharge such duties as may be assigned to him by ..... vaithyalinga mudaliar followed by gopalasamy mudaliar, who is the eldest male descendant were appointed as the managers to carry out the charitable performance listed in "d" schedule ..... religious obligation while representing the temple unlike the executive officers appointed by the commissioner to discharge their official function. 16. ..... he shall be entitled to exercise all powers incidental to the provident and beneficial administration of the religious ..... of the act deals with the appointment and the duties of an executive ..... regarding ex.a26, the appointment of bava chockkappa mudaliar as hereditary trustee of the plaintiff temple by the order of the commissioner, dated 04.10.2004, this court has no second opinion regarding the admission of this document and reliance made by .....

The Workmen of Hindustan Construction Co. Ltd. by Hindustan Constructi ...

Court : Chennai

Reported in : (1987)ILLJ451Mad; (1987)IMLJ40

..... of 2nd may, 1977 as requiring us to read the notification of 17th june, 1970 in the light of the notification dated 22nd july, 1966 is difficult for us to see how when a notification is issued in the exercise of a statutory power and especially when that power is exercised with a view to supersede all the notifications issued earlier, any question of reading a subsequent notification in the light of the earlier notification can arise. ..... about the identity of the persons who are appointed, it is difficult to see how there is any scope for the argument that a notification which enumerates certain officers expressly needs clarification by way of including certain other officers who were excluded from the notification though they were included in a similar notification issued in the exercise of the same power at an earlier point of time. 9. ..... of the government and that notification disclosed that the government never wanted the higher officers who were mentioned in the earlier notification but not in the notification of 1970 to cease to exercise powers as conciliation officers. 8. ..... since it is this notification which has been the subject of debate, it is necessary to reproduce the same which is as follows : 'in exercise of the powers conferred by section 4 of the industrial disputes act, 1947 (central act xiv of 1947) the governor of tamil nadu hereby makes the following amendment to the labour ..... in the exercise of statutory power, the government has to appoint certain persons .....

P. Kasilingam Vs. Bharathiar University and ors.

Court : Chennai

Reported in : (1990)ILLJ73Mad

..... 225 deals with the power of the chief justice of the high court to initiate disciplinary proceedings against the staff members of the high court, and as the exercise of the power to appoint or dismiss an officer is an administrative power, and as a statutory functionary exercising such a power cannot be said to have delegated his functions merely by deputing a responsible or competent official to enquire and report, he can delegate to another judge the enquiry into the charges. ..... authority given, it was held that, unless a statutory provision required that a particular prescribed authority should frame the charges, there its no bar in law in the managing committee of the private educational institution in whom the power of administration of the institution is vested, to entrust the task of framing charges as well as that of holding enquiry to a person or a committee appointed and authorised by it, and thereafter managing committee to pass final orders on consideration of the inquiry report. ..... the exercise of disciplinary power or the field of disciplinary action, is not confined merely to the passing by the appointing authority of an ultimate order imposing disciplinary punishment against the employee. ..... subramaniam, learned counsel for the college that the council could delegate the power to the chairman to initiate proceedings is not acceptable as could be presently shown, it had exercised such a power in the case of another employee of the college. .....

Royapettah Benefit Fund Investors Grievance Consortium, Regn No. 302/2 ...

Court : Chennai

Reported in : 2000(3)CTC338

..... admittedly, the sixth respondent was appointed by the company law board by exercising the statutory powers conferred on it under section 403 of ..... two were absconding, necessary steps to take over the affairs of the company in the larger interest of the depositors could not be postponed, the company board, the ministry of law, 20.1.2000, exercising its power under section 403 of the companies act, constituted a board of directors and thus, nidhi limited with immediate effect therefrom. ..... tangible or intangible assets of the company to any person or persons, such interim reliefs fall outside the scope of the main writ petition which itself is not maintainable in law for want of challenging the appointment of the sixth respondent made by the company law board, and hence, the relies sought for in writ miscellaneous petitions cannot be granted.7. ..... petitioner seeks for an issue of writ of mandamus to direct the first respondent to appoint a fit and proper person as custodian for taking over the management of 6th respondent and take immediate control and possession ofthe assets and properties, both movable and immovable ..... of the writ petition will not stand in the way of the petitioner to challenge the appointment order of the company law board, if he is so advised.6. ..... without challenging the appointment of the sixth respondent, the petitioner seeks a writ of mandamus to appoint a fit person as custodian for taking over the management of the sixth respondent, which in my considered view, is .....

B. Soundarapandian Vs. Industrial Finance Corporation of India

Court : Chennai

Reported in : AIR1982Mad206; (1982)1MLJ233

..... but even so, we are unable to agree with the learned counsel that an order appointing a receiver or an order made by the court in exercise of the powers incidental to such appointment of a receiver is an order which is not appealable.it is true that sub-see ..... (9) relates to a similar order but made after an investigation into the claim of the corporation and they do not relate to the appointment of a receiver or any of the powers exercised in relation to such power of appointment of a receiver. ..... (7), is made appealable, an order appointing a receiver or exercising any of the power incidental to such appointment of a receiver is not made appealable under sub-sec ..... therefore, though the appointment of a receiver or exercise of the power incidental thereto is not one of the orders mentioned in sub-see ..... (14) the court is also competent to appoint a receiver and to exercise all other powers incidental thereto. ..... once the remuneration is not fixed at the time of the appointment of receiver, the power is always vested in the court to fix the remuneration either at a percentage of the collections or at a fixed amount or at a fixed monthly remuneration according to the circumstances of each ..... are also not persuaded to agree with the learned counsel for the appellants that this discretion vested in the judge could only be exercised for the purpose of variation of the percentage and should not be considered as giving a power to fix the remuneration at a fixed figure or on a monthly salary basis. .....

K.S. Ramaswami Vs. the Inspector of Municipalities and ors.

Court : Chennai

Reported in : (1971)1MLJ1

..... brings out the distinction clearly.in particular we might refer to section 19(2)(j) which enables rules to be made prescribing the duties and powers of officers appointed for the purpose of enforcing the provisions of the act particularly in the context of the act leaving it to the rules to constitute the hierarchy of officials to exercise powers under the act and secondly, sub-clause (1) where power is conferred upon the provincial government to frame rules in respect of any other matter for which there is no provision ..... we see no justification for putting a narrow construction that the framing of rules contemplated by section 73 could only relate to the manner in which the appointment committee could exercise its powers, and not as authorising the government to frame rules giving to itself, or to the inspector appointed by it, powers to revise the appointment made by the appointment committee. ..... in regard to the other employees of the municipalities the effective control by the government is secured by its framing rules by virtue of the specific provision contained in section 73 of the act and the power of superintendence exercised by appointing inspector of municipal councils under section 38(1) of the act.6. ..... it is true the inspector of municipal councils could in his discretion refuse to interfere with the order of the appointing authority and the aggrieved party may have no right to compel him to exercise his powers, of revision. .....

Chairman, Railway Recruitment Board Vs. S. Ruban Peter and Others

Court : Chennai

Reported in : (1991)IILLJ92Mad

..... authority of the central administrative tribunal - (1) save as otherwise expressly provided in this act, the central administrative tribunal shall exercise, on and from the appointed day, all the jurisdiction, power and authority exercisable immediately before that day by all courts (except the supreme court) in relation to - (a) recruitment, and matters concerning recruitment, to any all-india service or to any civil service of the union or a civil post under the union or to ..... a post connected with defence services, being in either case, a post filled by a civilian; (b) all service matters concerning - (i) a member of any all-india service or (ii) a person referred to in clause (c) appointed to any service ..... course, public interest does require administration to be maintained smoothly and efficiently, but we are afraid the jurisdiction of the tribunal cannot be extended to adjudicate upon disputes in public interest, since the jurisdiction, authority and powers conferred on the tribunal are only to be exercised as contemplated by the provisions of the act. ..... (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said .....

M.R.N. Mahalinga Nadar and anr. Vs. the Commissioner, H.R. and C.E. an ...

Court : Chennai

Reported in : (1959)2MLJ236

..... person claims that the temple of whose affairs he is in management is a private temple, or that the temple which he admits to be public is in his management as hereditary trustee, and where in such a case the appointment of non-hereditary trustees is made by the area committee or by the commissioner in purported exercise of powers under section 39(1) such a person would have to seek relief to have the temple declared to be a private temple or to have it declared that he is the hereditary trustee of that temple which he admits to be a ..... counsel says that, if in a case where a hereditary trustee is aggrieved by an order passed in purported exercise of powers under section 39(1), such person is held not entitled to apply for relief under section 39(4), such hereditary trustee would have to suffer the hardships consequent on having to hand over the management of the institution to the non-hereditary trustees appointed in purported exercise of powers under section 39(1) and to suffer them to continue in management until the hereditary trustee gets his rights ..... the order passed by the area committee appointing respondents 2 to 6 as non-hereditary trustees of the temple was made in purported exercise of the committee's powers under section 41 read with section 39(1) ..... have no application to a case of appointment of non-hereditary trustees made in purported exercise of the committee's power under section 41(1) read with section 39(1) or of the commissioner's power under section 39(1).9. .....