Judgment Search Results Home > Cases Phrase: appointment in exercise of a power Court: chennai Page 6 of about 10,113 results (0.039 seconds)

Tiruvambala Desikar Gnana Sambanda Pandarasannadhi Avargal and anr. Vs ...

Court : Chennai

Reported in : (1917)ILR40Mad177

..... the power no doubt can be exercised for good cause shown; and especially in religious institutions where the appointment carries with it a certain dignity and is construed by worshippers as implying sanctity of the person, it would lead to disastrous results to hold that the appointee is dependent for his position on the will of the appointer. ..... therefore it was not competent to the subordinate judge to grant an injunction permanently depriving sivagnana of the exercise of his power of making a fresh appointment. ..... now, the question is whether this power of appointment carries with it the absolute power of dismissal as was strenuously contended for by mr. ..... after listening to the very able argument of the learned vakil for the appellant, i feel no hesitation in holding that the appointer has not the absolute power to dismiss which is claimed for him. ..... 74 of 1901, the plea was that it is ultra vires in that it restrained sivagnana, from making any further appointment and that it was beyond the power of a pandarasannadhi to consent to the terms embodied in it. ..... the english decisions to which our attention was drawn by the learned vakil only lay down that the power to appoint carries with it the power to dismiss. ..... we first find him ordaining and nominating the defendant on 22nd april 1900 (exhibit 23) in spite of the pendency of a suit subsequently dismissed--to prevent him from making the appointment, and then on 27th september 1900 giving a power of attorney to the defendant. .....

R.P. David Vs. M. Thiagarajan and ors.

Court : Chennai

Reported in : AIR1966Mad89

..... every manager of the estate of the lunatic appointed as aforesaid may exercise the same powers in the management of the estate as might have been exercised by the proprietor if not a lunatic, and may collect and pay all just claims, debts and liabilities due to or by the estate of ..... 75 of the lunacy act, that,'where a person other than collector, or than a guardian appointed by will or other instrument, has been appointed or declared by the court to be guardian of the property of a ward, he shall not without the previous permission of the court, (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immoveable property of ..... have no doubt that the learned district judge failed to exercise his powers judicially in conformity with the provisions of the statute, s ..... granted was not valid as the learned district judge failed to exercise his powers judicially in conformity with the provisions of the statute. 5. ..... indian lunacy act, it was held that the act only enables the court to give permission to the guardian to sell the properties on an application preferred by the guardian and does not confer any power whatever on the court to deal with the minor's property on his own motion in any way 12 cal lj 322--jagatbai v. ..... no inherent power or jurisdiction to receive offers apart from the jurisdiction exercisable under s. ..... the exercise of this power is coupled with a duty to act in the best interests of the estate, conforming to a decent standard of rectitude .....

A. Balasundara Mudaliar Vs. Area Committee, Hindu Religious and Charit ...

Court : Chennai

Reported in : AIR1958Mad275; (1958)2MLJ47

..... ;(2) where any such institution has, at the commencement of this act both a hereditary trustee or trustees and a non-hereditary trustee or trustees the commissioner shall have power to appoint the non-hereditary trustee or trustees as and when vacancies arise in their number;(3) every trustee appointed under sub-section (1) or sub-section (2) shall hold office for a term of five years unless in the meanwhile the trustee is removed or dismissed or his ..... that there was no enquiry and the committee did not record any reasons as required by the statutory provision under which they traced their power to make the impugned appointment:(2) section 41 of the act under which the area committees are vested with jurisdiction to appoint non-hereditary trustees in respect of institutions within their jurisdiction was unconstitutional for two reasons:(i) the right of the hereditary trustee to manage ..... guaranteed by article 14 of the constitution would have no basis.13. having examined the matter with care, i am of the opinion that the provisions, contained in section 39(4) are attracted to the exercise of the power of appointment of non-hereditary trustees by the area committee under section 41 ..... (3) it was next urged by the learned counsel that the area committee was exercising a quasi-judicial function in making the appointment of non-hereditary trustees under section 39(2) and for that purpose relied on the reference to 'the enquiry' to be held by the area committee as well as the requirement .....

M.K. Padmavathy Vs. the Institute of Hotel Management, Catering Techno ...

Court : Chennai

Reported in : [1996(74)FLR2719]; (1997)ILLJ379Mad; (1996)IIMLJ367

..... supreme court further held that it must be established in each case that the power was misused by the management or the appointment for a fixed period was a colourable exercise of power.11. ..... its absence, the employer can terminate the service in terms of the letter of appointment unless it is a colourable exercise of the power. ..... when the petitioner was reinstated on january 21, 1985 even the clause that the appointment was purely temporary and was liable to be terminated without notice was absent in the order dated january ..... as such the corporation was entitled not to confirm the appellant in terms of the order of appointment and to terminate his service during the period of probation without any notice in term of regulation ..... supreme court further held that when the appointment is for a fixed period, unless there is a finding that the power under clause (bb) of sec. ..... learned counsel for the petitioner also referred to the subsequent order of appointment dated january 21, 1985 wherein the service of the petitioner was reinstated with effect from january ..... learned counsel for the petitioner referred to the order of appointment dated september 17, 1984 wherein it has been stated that the appointment of the petitioner is purely temporary and is liable to be terminated at any time ..... the same is that the dichotomy of sovereign and non-sovereign functions does not really exist-it would all depend on the nature of the power and manner of its exercise, as observed in para 23 of nagendra rao v. .....

J. Subramaniam Advocate and Others Vs. the Manager M/S. Bharati Airtel ...

Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai

..... trai), defines as follows: license means any person licensed under sub-section (1) of sec.4 of the indian telegraph act, 1885, for providing specified public telecommunication services; member means a member of the authority appointed under sub-section (23) of section 3 and includes the chairperson and vice-chairperson; notification means a notification published in the official gazette regulations means prescribed by rules made under this act; service provider means ..... (2) the bench constituted under sub-section (1) shall exercise, on and from the appointed day all such jurisdiction, powers and authority as were exerciseable immediately before that date by any civil court on any ..... the honble supreme court quoted sec.7b of the indian telegraph act 1885 and concluded that the dispute shall be determined by arbitration, by an arbitrator, appointed by the central government for determination of disputes, and the award passed by the arbitrator shall be conclusive between parties to the dispute and shall not be questioned by ..... though the central government enacted several acts, rules and notifications and several authorities have been appointed to oversee the disputes of the consumers, and though the ministry of telecommunication is aware of the judgement (ctj (2009) 1062), no one evinced any interest, to get clarification of the decision of honble supreme court, and ..... india, having population of more than one billion, how many arbitrators can be appointed by the central government? .....

Adhilakshmi and Another Vs. Union of India, owning Southern Railway, R ...

Court : Chennai

..... --(l) the claims tribunal shall exercise, on and from the appointed day, all such jurisdiction, powers and authority as were exercisable immediately before that day by any civil court or a claims commissioner appointed under the provisions of the railways act (a) relating to the responsibility of the railway administrations as carriers under chapter-vii of the railways act in respect of claims for- (i) compensation for loss, destruction, damage, deterioration or non-delivery of ..... from the date of commencement of the provisions of section 12a of the railways act, 1989 (24 of 1989), all such jurisdiction, powers and authority as were exercisable immediately before that date by any civil court in respect of claim for compensation now payable by the railway administration under section 124a of the said act or the rules made thereunder; (2) the provisions of the railways ..... then alone administrative authorities and tribunals exercising quasi-judicial function will be able to justify their existence and carry credibility with the people by inspiring confidence in the adjudicatory process. ..... jurisdiction, powers and authority of claims tribunal. .....

The Chief Engineer, Madras Zone, Milltary Engineering Services, Madras ...

Court : Chennai

Reported in : AIR1993Mad265

..... lias contended that the learned single judge has committed an error of law in infering bias without there being anything specific in this behalf brought on the record by any party and the reasonableness of the court appointing an arbitrator merely for the reason of vague allegations of one of the contracting parties,learned counsel for the plaintiff-respondent has reiterated that the underlying principles of the doctrine of bias should give rise to ..... a presumption that a contracting party, who in spite of a demand notice failed to appoint arbitrator would not act fairly in nominating one of its agents or officers and/ or the agent or officer nominated to act as arbitrator would not be impartial to be a judge of a cause where the dispute is of a great magnitude ..... [1961]3scr1029 , in which it has been pointed out that while exercising court's power of appointment of an arbitrator under s. ..... merely because the court has got power, it shall not appoint arbitrators ignoring the rule that parties should be asked to act in accordance with the obligations created under the contract to which they were/are ..... submitted that it will not be possible for the appellants to suggest that the court has no power to appoint independent arbitrator and if the court has such power, it is the fit case in which this court should appoint an arbitrator. .....

Arumugam Pillai Seethai Ammal College, Tirupattur Vs. the Registrar Ma ...

Court : Chennai

Reported in : AIR1996Mad309; (1996)IMLJ17

..... aggrieved by the same, the petitioner has filed this writ petition challenging the order dated 21-12-1994 and consequential order dated 1-3-1995 mentioned above contending that,(a) the impugned orders of the respondent appointing a commission and constituting a committee were illegal, invalid and without jurisdiction; (b) the petitioner college did not collect any capitation fee; by objecting or the commission to inspect the college and ..... the educational institutions in the state, provides for the matters relating thereto, and it is a self-contained code even providing for taxing action by the government and punishing the offenders; under the act the power is given only to the government to initiate any proceedings and not to the university; more-of or section 12 of the capitation fee act has ovcrriding effect, if there is any inconsistency in any other ..... the writ petition is neither maintainable in law nor on facts; the university has constituted a committee to go into the question of collection of capitation fee by the petitioner college; the said committee was appointed by the syndicate in the exercise of the powers conferred on it by the statute of the university. ..... the respondent that the syndicate in the power and authority has appointed the commission, section 20 of the act is to be seen under which the powers of the syndicate are listed. ..... the university in general exercise of supervision over the affairs of the affiliated college has got every, power to infuse discipline in .....

Commissioner of Income-tax Vs. M.S. Menon

Court : Chennai

Reported in : [1987]168ITR125(Mad)

..... an 'association of persons' and could be assessed on its profits as such to income-tax and that it made no difference that the business was carried on because the deputy commissioner of the district had appointed the members constitution the group to import and distribute the cloth and they did not join as a group voluntarily and they were put together by the deputy commissioner and asked to act together which ..... of the partnership business by order of court that the receiver had taken possession of the theatre on july 13, 1969, and had been hiring it for exhibition of pictures therein that the receiver not having been appointed to carry on the partnership business but only to collect the rents in order to safeguard the interests of the plaintiffs there was no question of the receiver carrying on the business of the firm and that ..... view and profits from the theatre - one of the assets of the partnership - and that he was not authorised to carry on any partnership business it has referred to the order of the high court appointing the receiver which is to the following effect : 'that the said receiver do take possession of the said padmanabha theatre movable and immovable and collect the rents issues and profits of the said theatre and ..... on he appointed the assessee as the trustee in exercise of his powers under the ..... the commissioner in exercise of his powers of revision held that the trustee should be assessed as an individual on the entire income under section 10(1) and not .....

The Official Receiver Vs. B.S. Nataraja Sastrigal and ors.

Court : Chennai

Reported in : AIR1923Mad355; (1923)44MLJ251

..... under section 16 of the general clauses act whenever a power to make an appointment is conferred, the authority having such power must be deemed to have power also to remove any person appointed by it in exercise of that power. ..... the appellant contends that the court having passed a final order on the 26th of july had no power under the provincial insolvency act to review that order; secondly that the rules framed under the madras provincial insolvency act, which have the effect of law by virtue of section 79 clause 3, give no power to a court to remove an official receiver once appointed (vide rule xii); and lastly that the reasons given by the district judge for ..... the provision in rule 12 that 'the court may remove or discharge any receiver or interim receiver other than an official receiver 'appears to have been so worded in consideration of the fact that under section 57 of the act the power of appointing official receivers is vested in the local government and, therefore, no court has the power to remove an official receiver from his office. ..... although the provincial insolvency act does not contain any provision for reviewing orders already passed, section 5 provides that the court 'shall have the same powers and shall follow the same procedure as it has and follows in the exercise of its original civil jurisdiction. .....