Judgment Search Results Home > Cases Phrase: appointment in exercise of a power Page 4 of about 153,166 results (0.072 seconds)

Salimbhai Abdulgaffar Shaikh Vs. State of Gujarat

Court : Gujarat

Reported in : (2003)3GLR1899

..... public prosecutor or special public prosecutor appointed in exercise of the powers vested with the government and the ..... when the sessions court has rejected the application observing that for the grounds mentioned in the decision, the court is not inclined to exercise the discretionary jurisdiction in favour of the accused petitioners, it would not be proper on technical arguments, to hold that the same person, if appointed as presiding judge constituted under the act, should be asked to re-record finding to the whether there are no grounds for believing that he is not guilty of committing ..... believe and hold that despite making provisions for special courts, only for the purpose of speedy trial, rest of the provisions of the code shall apply and ordinary criminal courts can exercise powers vested under section 437 of the code in relation to offences under the act.'39. ..... a special court, for the purpose of trial of any offence can exercise powers of a court of sessions and trial is to be conducted before the special court as if the court is a ..... (ii) when the court is asked to exercise powers, then the period of detention is normally looked into vis-a-vis the gravity of the offence and quantum of punishment prescribed ..... the occurrences constituting two different transactions give rise to two different cases and the exercise of the power under section 167(1) and (2) should be in consonance with the object underlying the said provision in respect of each of those occurrences which constitute .....

D.R. Nagarajan Vs. the Commissioner, Hindu Religious and Charitable En ...

Court : Chennai

Reported in : (1970)2MLJ599

..... the commissioner, therefore, appointed, in exercise of his powers under section 45 (1), an executive officer for the temples, who would be common to them and ..... is true that section 45 does not contemplate any notice or enquiry, but that does not mean that by exercising power under section 45 at will the commissioner can invade the hereditary trusteeship which is property as he has done ..... the discretion vested in him is to be exercised reasonably and fairly, because the power by its very nature is a drastic one, and appointment of an executive officer is more often than not likely to virtually eliminate ..... the power under section 45 (1) does not mean that the commissioner, if he so wills, though there is no reason whatever justifying , can exercise the power and appoint an executive officer for ..... , that before making the appointment he must inform the hereditary trustee of the reasons, which, according to him, would justify the appointment of an executive officer, ask for his explanation and after considering the same, if he still thinks that an executive officer is necessary, he may properly exercise his power. ..... an executive officer may in some respects be regarded as even more drastic than the appointment of non-hereditary trustees, more especially as the executive officer is vested with sweeping powers such as in the instant case, which deprive the hereditary trusteeship of its subsistence.3 ..... the power under section 45 to appoint an executive officer may no doubt be exercised by the .....

East India Film Studios Vs. P.K. Mukherjee and ors.

Court : Kolkata

Reported in : AIR1954Cal41,58CWN152

..... sen has drawn my attention to section 18, general clauses act, which is as follows:'where by any central act or regulation a power to make any appointment is conferred, then, unless a different intention appears, the authority having (for the time being) power to make the appointment shall also have power to suspend or dismiss any persons appointed in exercise of that power.'34. ..... under section 19 of the act make section 19 a self-contained and complete code, the power of revoking the authority of an appointed arbitrator or for substituting another arbitrator in place of the appointed arbitrator, must be sought for in the rules themselves; and inasmuch as the rules make provision for substitution of another arbitrator in place of the appointed arbitrator and also for removal of the appointed arbitrator, the government has power to make an order of substitution or removal only in exercise of the powers conferred by the rules. mr. ..... kar submits that the facts and circumstances of this case make it quite clear that the conditions precedent to the exercise of the power vested in the government under rule 3 and rule 21 of the rules made under the defence of india act do not exist in the present case.33. ..... special reference may be made to rule 6 which provides that the arbitrator shall have the like powers and shall follow the like procedure as the court has and follows in the exercise of its ordinary original civil jurisdiction under the code of civil procedure.23. .....

M/S Kadimi International Pvt. Ltd. Vs.m/s Emaar Mgf Land Limited

Court : Delhi

..... the respondent could not have unilaterally proceeded to appoint the sole arbitrator and court alone would have the authority to make an appointment, in exercise of its powers under section 11(5) and (6) of the act.5. ..... was that where a person has himself become ineligible to act an arbitrator, he cannot delegate such power to another as such delegatee would also suffer from the same ineligibility.the judgment of the supreme court, in my opinion, cannot be read to say that even if the parties agree that one of the party to the agreement shall appoint an arbitrator, the said power has been taken away and such agreement should be rendered void due to section 12(5) of the ..... the court will exercise its power under section 11(6)(a) of the act, only where a party fails to act in accordance with the appointment procedure agreed between the arb.p. ..... it should also be borne in mind that after the amendment of the act, the court's power and its scope of enquiry, while exercising jurisdiction under section 11 of the act, has been limited and restricted. ..... the use of the word procedure in section 11 (2) of the act describes the legislature's intention to introduce sanctity, uniformity and probity to the whole process of appointment of the arbitrator and it incorporates the agreement between the parties which includes the right/power/authority to appoint the arbitrator. .....

Madhav Karmarkar Vs. State of Maharashtra and Others

Court : Mumbai

Reported in : 1999(1)BomCR379

..... the said order recites that he was appointed in exercise of the power conferred by section 149 of the maharashtra co-operative societies act, 1960 read with rule 104 of ..... is, therefore, obvious that the judges of the co-operative court form cadre of subordinate courts as understood by article 234 of the constitution of india and the state government will have to take action to make appointment of the judges in accordance with the directions contained in article 234 of the constitution.in other words, the judges of the co-operative court can be selected only by maharashtra public service commission in consultation with ..... committee as per the maharashtra judicial officers of the co-operative courts and co-operative appellate court (recruitment) rules, 1998 to examine, each case and reconsider whether the members were eligible to be appointed as members of the co-operative appellate court on the basis of the 1961 rules and whether they are entitled to be continued as such members as per the recruitment rules framed in the year 1998. ..... has further produced on record a copy of the order dated 28th october, 1997 (exhibit 3 to the affidavit-in-reply dated 22nd june, 1998) stating that his period of appointment as a member of the maharashtra state cooperative appellate court was extended upto 31st october, 1999, prima facie, this order appears to be in contravention of the direction issued ..... section 91 powers have been conferred upon the co-operative court which are normally exercised by the .....

Shailesh Harilal Shah and Others Vs. Matushree Textiles Ltd. and Other

Court : Mumbai

Reported in : [1995]82CompCas5(Bom)

..... it was held that the additional director is appointed in exercise of the powers reserved with the board in that behalf in the company's articles and consequently, the appointment would not make it a contract. ..... section 290 of the act, inter alia, provides that acts done by a person as a director shall be valid, notwithstanding that it may afterwards be discovered that his appointment was invalid by reason of any defect or disqualification by virtue of any provision contained in the act or in the articles, regulation 80, inter alia, prescribes that all acts done by any meeting of the board or by any person acting as a director ..... justice venkatarama aiyar, as he then was, held that the power to co-opt a director might be exercised notwithstanding that the strength of the directorate has fallen below the minimum required and below the quorum prescribed by the articles of association ..... shri kapadia relying upon the observations of the learned judge submitted that the appointment of additional director should be treated as an arrangement falling under section 300 of the act and, consequently, defendant ..... 2 as additional director could not be invalidated and there is ample power under the act for the existing members of the board to make the appointment. ..... in that case, the contention was that there was only one director, there was no board of directors as required by article 75 and that, therefore, there could be no valid co-option as the power to co-opt could only be exercised by the board. .....

Anant Raj Industries Ltd. Vs. Ifci Ltd.

Court : Delhi

Reported in : 1998IIAD(Delhi)396; 71(1998)DLT12; 1998(44)DRJ138; (1998)118PLR26

..... in terms of the provisions contained in section 18 read with section 17(1) of the act a tribunal, constituted under the act, alone shall, on and from the appointed day exercise the jurisdiction, powers and authority to entertain and decide applications from the banks and financial institutions for the recovery of debts due to such banks and financial institutions and the jurisdiction of other ..... of section 18 of the act, it is apparent that the above section of the act creates an express bar stating that on and from the appointed day, no court or other authority shall have or be entitled to have any jurisdiction, powers or authority, except the supreme court and a high court, exercising jurisdiction under article 226 and 227 of the constitution of india, in relation to the matters specified in section 17. ..... ' section 17 of the act which deals with the jurisdiction, powers and authority of the tribunals provides - 'jurisdiction,powers and authority of tribunals: (1) a tribunal shall exercise, on and from the appointed day, the jurisdiction, powers and authority to entertain and decide applications from the banks and financial institutions for recovery of debts ..... the act reads as under:- 'bar of jurisdiction: on and from the appointed day, no court or other authority shall have, or be entitled to exercise, any jurisdiction, powers or authority (except the supreme court, and a high court exercising jurisdiction under article 226 and 227 of the constitution) in relation to the matters .....

Ram Dass Vs. Dharam Das and ors.

Court : Himachal Pradesh

Reported in : AIR1957HP49

..... the learned government advocate also relied on the provisions of section 16 of the general clauses act, whereby the authority, having power to make the appointment, shall also have power to suspend or dismiss any person, appointed in exercise of that power. mr. ..... by means of a subsequent application dated 27-12-1956, on behalf of respondents 3 and 4, it was brought to the notice of this court that in september, 1956, the president has delegated to the lieutenant-governor of himachal pradesh, powers to appoint a mahant to the temple in question.it was, urged that the power of appointmentwould necessarily include the power of removaland, therefore, respondents 3 and 4 were wellwithin their rights in removing the petitionerfrom his office, in pursuance to the findings ofthe civil courts. ..... news of his removal could mot have come to the petitioner as a complete surprise--in view of the findings of the civil courts--which had framed a specific issue as to whether the power of appointment vested in the himachal pradesh government subsequent to the merger of sirmur state in himachal pradesh, and found against the petitioner.10. mr. ..... the respondents' case is that the senior subordinate judge, as well as the district judge had held, on specific issues, that the appointment of the petitioner, as mahant, was ab initio void and improper, since the power of appointment vested in the central government and not in the himachal pradesh government. .....

Gyanendra Nath Mittal Vs. Damodhar Bhatt

Court : Allahabad

Reported in : AIR1958All163; 1958CriLJ312

..... assign local limits within which the inspectors are to exercise powers but cannot appoint inspectors for some of the purposes of this chapter ..... an inspector so appointed can exercise all the powers given and perform all the duties entrusted by ..... of the chapter do not allow the appointment of different types of inspectors, i am of opinion that the rule-making power does not cover the power to make rules with respect to the appointment of inspectors for different purposes. 9. ..... subsection (1) of section 21 of the drugs act is: 'the provincial government may, by notification in the official gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be inspectors for the purposes of this chapter within such local limits as it may assign ..... that case does not apply to the present case as there the inspector appointed was for the inspection of both wholesale and retail shops as well, and rule 49 contemplates a set of qualifications about the possession of which by that particular inspector, there was no evidence ..... was within the powers of the government under section 21 of the drugs act when there is nothing on the record to indicate that he possesses any of the qualifications laid down by rule 49 for the appointment of the inspectors ..... it may be noted that the language of section 20 which empowers the government to appoint several public analysts for the same area, each for analysing different drugs is different from ..... appointed under the act will have those powers .....

S.N. Colleges Vs. Raveendran

Court : Kerala

Reported in : 2004(1)KLT971

..... raveendran, inquiring authority was appointed in exercise of the powers under statute 71 of kerala university conditions ..... while he was in the service of that college, and his service as principal (on probation) of the sree narayana college, chengannur is found not satisfactory.hence it is proposed to terminate his service as principal in exercise of the powers under section 59(6) of the kerala university act.he is requested to show cause in writing within three days on receipt of this letter why theproposed action should not be taken.sd/-managersree narayana colleges' the principal then replied to ..... the court held as follows:'where, the service rules fix a certain period of time beyond which the probationary period cannot be extended, and an employee appointed or promoted to a post on probation is allowed to continue in that post after completion of the maximum period of probation without an express order of confirmation, he cannot be deemed to continue in that ..... with by the apex court is that if in the rule or order of appointment a period of probation is specified and a power to extend probation is also specified and the officer is continued beyond the prescribed period of probation, he cannot be deemed to be confirmed, and there is no bar on the power of termination of the officer after the expiry of the initial period of probation. ..... memo dated 25.1.2002 proposing to terminate his service as principal in exercise of the powers under section 59(6) of the kerala university act. .....