Judgment Search Results Home > Cases Phrase: appropriation act 2006 Court: chhattisgarh Page 1 of about 798 results (0.048 seconds)

Dr. Hitendra Kumar Soni Vs. State of Chhattisgarh and Others

Court : Chhattisgarh

..... even for the purpose of interim relief during vacation has to be done by a division bench comprising of two judges as required by the act of 2006 for the following reasons: firstly: that the legislature has in its wisdom has considered the division bench of the high court to be the appropriate authority to exercise the appellate jurisdiction against the order passed by learned single judge and reposed confidence on him, therefore in consonance with the ..... hon ble the chief justice for consideration and appropriate orders for constituting and placing it before the larger bench on following stated question :- whether the vacation judge sitting alone during vacation is empowered to exercise the appellate jurisdiction conferred to a division bench comprising of two judges of high court under sub-section (1) of section 2 of the chhattisgarh high court (appeal to division bench) act, 2006 by virtue of rule 41 of the high court ..... petition, who is aggrieved against the order of learned single judge, before a division bench of high court comprising of two judges of the high court, thus writ appeal preferred under sub-section (1) of section 2 of the act of 2006 against the order of learned single judge is cognizable by division bench comprising of two judges, as it is an intra court appeal provided by law made by legislature, therefore in the considered opinion of this court, exercise of the ..... the question so arises it would be appropriate to notice the provisions contained in act of 2006. 6. .....

Viswa Bharathi Institute and anr. Vs. State of Chhattisgarh and anr.

Court : Chhattisgarh

Reported in : AIR2008Chh68; 2008(4)MPHT25(CG)

..... it is only when the subject is covered by entry 25 of list-ill of schedule vii of the constitution that there is a concurrent power of parliament as well as state legislatures and appropriate act can be made by the state legislative subject to limitations and restrictions under the constitution. ..... if the provisions of the rules 2006 are examined in light of the provisions of the act of 1993 and the provisions of clause 3 of appendix 7 it would be clear that the field regarding procedure for admission was totally untouched by the enactment and the statutes/ordinances and it was left open to the government to take appropriate steps in this regard, therefore, the competence of the government to take a decision laying down the procedure for admission to the b.ed. ..... taking all these pleadings the petitioners have prayed for quashing the rules of 2006 and to issue an appropriate writ permitting the petitioners to admit the students in b.ed. ..... if we examine the validity of rules 2006 in light of the provisions of article 162 of the constitution as also in light of the provisions of the act of 1993 and the regulations framed thereunder, it would appear that the object and reasons for enactment of ncte act 1993 is to achieve and maintain the standards of teacher-education and to enable the ncte to guide the system of teacher education by conferring it with statutory status, with the objective of determination, maintenance and coordination of standards .....

Om Prakash Agarwal and Another Vs. State of Chhattisgarh, through the ...

Court : Chhattisgarh

..... may be, to establish mineral resources in such land; (b) has not committed any breach of the terms and conditions of the reconnaissance permit or the prospecting licence; (c) has not become ineligible under the provisions of this act; and (d) has not failed to apply for grant of prospecting licence or mining lease, as the case may be, within three months after the expiry of reconnaissance permit or prospecting licence, as the case may be, ..... the petitioners is to an order passed by the central government exercising its revisory power under section 30 of the mmdr act, 1957 read with rule 55 of the mcr, 1960, therefore, before proceeding to deal with the grounds of challenge this court deems it appropriate to remind itself as to the scope of interference in such a petition as laid down by the supreme court in ..... in regard to a finding of fact recorded by an inferior tribunal or authority, a writ of certiorari can be issued only if in recording such a finding, the tribunal/authority has acted on evidence which is legally inadmissible, or has refused to admit an admissible evidence, or if the finding is not supported by any evidence at all, because in such cases the error amounts ..... state bank of india and others ((2006) 8 scc 776), state of manipur ..... and others ((2006) 2 scc 315)and state bank of ..... that the petitioner om prakash agrawal applied for mining lease in individual capacity although the company, which desires to establish plant in chhattisgarh, was registered on 6-1-2006 i.e. .....

Sandeep Vs. State of Chhattisgarh

Court : Chhattisgarh

Reported in : 2007CriLJ1942

..... i have quoted vide para 13 in the aforesaid matter that 'the probable logical meaning of using of phraseology like 'reasonable grounds for believing' in section 12(1) of the act 2000 clearly indicates that the 'reasonable grounds for believing' is not the same thing as 'suspicion' or 'doubt' and the guess work of the board and is ..... 699/ 2006 was filed on behalf of the applicant, which was heard and allowed by the order dated 28-11-2006 by this court and the matter was remanded back to the sessions court for passing an appropriate order ..... and it must contemplate substantial probable cause for believing the board that the release of the juvenile is likely to put him under either of the three conditions', mentioned in section 12(1) of the act and the provision requires the existence of such facts and circumstances as are sufficient in themselves worth reasonably believing by a court of law. ..... iii (2003) ccr 109 that release of juvenile, no doubt can be refused if anyone of the circumstances referred to in section 12 of the said act exist, but the existence of such circumstances should not be merely a guess work of the court, but it should be based on some evidence may be police report, on the report of the probation officer or ..... the high court further held that the impugned order was passed in utter disregard of section 12 of the said act and it nowhere shows that release would defeat the ends of justice and more over there is also nothing to show as to how the release would defeat .....

President Parent Teacher Association, BSP Higher Secondary School and ...

Court : Chhattisgarh

..... remitted the matter back to the labour court, durg to consider the cases of the workmen afresh and record a finding as to whether the concerned employee has worked for 240 days or not and thereafter pass appropriate orders afresh, in accordance with law. ..... in the said writ petition, an interim order was passed on 10.1.2006 directing deposit of back wages. ..... , {(1946) 2 all er 345 (hl)}, the proper test is whether or not the hirer had authority to control the manner of execution of the act in question . ..... (air 2006 sc 3229) and bhogpur coop. ..... the pta and the secretary cum principal of the school also directed the workmen to resume the work, in purported compliance of the provisions contained in section 17-b of the industrial disputes act. .....

Jiwanlal Jain Vs. Union of India and Others

Court : Chhattisgarh

..... have challenged the bifurcation proposed by the state government on 17.12.1998 by taking appropriate legal proceedings at that time. ..... it is not disputed that a notification was issued on 04.07.1969 under section 4 of the forest act declaring 4969.46 hectares of land as reserved forest in kanker forest division of tahsil bhanupratappur in which village ..... the appellant has brought to our notice the letter dated 15.02.1999 and dated 02.09.2006 to show that he had raised objection against the agreement. 53. ..... case the letter dated 02.09.2006 was much after when the agreement was reached and was acted upon. 56. ..... also explained by the state government in its explanation dated 24.08.2006 on the representation of the appellant dated 20.06.2005. 57 ..... of madhya pradesh issued a notification on 04.07.1969 under section 4 of the indian forest act, 1927 (the forest act) reserving a large area as a reserved forest. ..... the mutual agreement has been acted upon and supplementary lease deeds ..... does not lie in his mouth to say that the proceedings under section 4a of the act ought to have been taken. ..... in the letter dated 02.09.2006, the only thing mentioned is that the appellant never gave any consent in ..... rejection, the contesting-respondent filed a revision before the central government under section 30 of the act alongwith an application to condone delay. ..... at that time, the act contained a provision that if no order was passed on the application for prospecting licence then application would be deemed to be .....

Gaukaran Singh and ors. Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : 2008(5)MPHT47(CG)

..... educational, housing, health or slum clearance scheme sponsored by government or by any authority established by government for carrying out any such scheme, or, with the prior approval of the appropriate government, by a local authority, or a society registered under the societies registration act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a state, or a co-operative society within the meaning of any law relating to ..... , such compensation shall be deemed to be compensation paid out of public revenues.where the land is to be acquired for a company, no notification under section 6 can be issued till the provisions of part vii of the act, 1894 are complied with, for action under section 6 for acquiring land for a company is subject to the provisions of part vii.section 39 lays down that 'the provisions of sections 6 to 37 (both inclusive) shall ..... under rule 4 of the rules, 1963 is bad and unsustainable in law.it was further argued that the acquisition for the private company has been commenced without following part vii of the act, 1894, as the compensation to be awarded for the acquisition has been entirely borne and paid by the company and no part of compensation has been paid fully or partly out of ..... the company submitted an application dated 16-5-2006 to the additional chief secretary-cum-convener, state industrial promotion board, government of chhattisgarh stating therein that they have taken a decision to establish a rail link between .....

M.L. Dewangan Vs. State of Chhattisgarh, Through its Secretary, Co-ope ...

Court : Chhattisgarh

..... , the present writ petition has been filed by the petitioner seeking writ of mandamus or suitable direction to respondent no.2/registrar, co-operative societies for appropriate amendment in the service rules in the light of the order passed by this court in writ petition (s) no.2133 of 2011. 2. ..... ((1987) 2 scc 720)pointed out distinction between legislative, administrative and quasi judicial power as under:- 7 a legislative act is the creation and promulgation of a general rule of conduct without reference to particular cases; an administrative act is the making and issue of a specific direction or the application of a general rule to a particular case in ..... would be appropriate to notice section 55(1) of the act of 1960 ..... court in the aforesaid judgments, this court is of the considered opinion that power of the registrar, cooperative societies to frame/amend the rule under section 55(1) of the act of 1960 is legislative in character and no writ of mandamus can be issued to the registrar, cooperative societies to amend the rules suggested by respondent no.3. 16. ..... rule making authority under the chhattisgarh cooperative societies act, 1960 (hereinafter referred to as the act of 1960 ), the instant writ petition has been filed claiming writ of mandamus to the registrar, co-operative societies to amend the rules appropriately. 4. ..... would be appropriate to trace out the nature of rule making power of the registrar, cooperative societies as provided under section 55(1) of the act of 1960 .....

Navbharat Press Karmachari Kalyan Sangh Through its President Vs. Stat ...

Court : Chhattisgarh

..... 5 and they are working journalists defined under section 2(f) of the working journalists and other news paper employees (condition of service) and miscellaneous provisions act, 1955 (for the sake of brevity hereinafter called as the act, 1955 ) and, therefore, appropriate remedy available to the petitioner-association is to raise a claim under section 17 of the act, 1955 before assistant labour commissioner, as it is a dispute with regard to non payment of their wages as per majithia wage board award, which was ..... 5 regarding illegal strike, conciliation proceedings were held but no settlement could be reached and due to failure of conciliation proceedings, report was sent to the competent authority and upon consideration of the report, the appropriate government has referred the matter to the labour court for adjudication under section 10(1) of the id act, 1947 to decide the validity or otherwise of the strike called by petitioner-sangh with respondent no. 6. ..... constituted under the provisions of industrial dispute act and, therefore, relief claimed in the instant writ petition is the matter relating to revision of pay scale as per .....

Smt. Kumari Bai and anr. Etc. Vs. State of Chhattisgarh and anr. Etc.

Court : Chhattisgarh

Reported in : AIR2006Chh52; 2006(3)MPHT42(CG)

..... the court to exercise inherent power under section 151 enclosing a copy of an intended plaint to be registered as a suit upon expiry of statutory period of notice and in that event the civil court acting on such an application, in appropriate cases, can grant temporary injunction in exercise of its inherent power saved by section 151 of the cpc. ..... view of the bar contained in sub-section (1) of section 401 of the act in the matter of instituting suit against the corporation and its authorities, the aggrieved persons are left with no legal remedies, is not acceptable to us, for the simple reason the aggrieved parties in extreme urgency and exigency can seek appropriate orders from the high court under article 226 of the constitution or approaching the civil ..... in these writ petitions the constitutional validity of section 401 of chhattisgarh municipal corporation act, 1956 (for short 'the act') has been questioned so far it takes away the right of an aggrieved person of approaching the court of law by filing civil suit of appropriate nature to obtain immediate and urgent relief without serving the statutory notice as required ..... of sub-section (2) of section 80 of the code of civil procedure, the civil court is empowered to permit the institution of the suit and grant appropriate interim order in urgency without serving the statutory notice on the respondent authorities, it cannot be said that the legislature ought to have incorporated similar provision in section 401 of the act also. .....