Judgment Search Results Home > Cases Phrase: appropriation act 2006 Court: chhattisgarh Page 13 of about 798 results (0.064 seconds)

Surya Prakash Vs. Ramratan and ors.

Court : Chhattisgarh

Reported in : 2009(1)MPHT60(CG)

..... however, on the request of learned counsel for the petitioner, liberty is reserved to the petitioner to take recourse to the appropriate statutory forum that may be available to the petitioner under the provisions of law for removal of disqualification of the petitioner from the post of sarpanch to the effect that the petitioner was encroacher of the government land. ..... : [1978]2scr272 , the hon'ble supreme court held that high court has no jurisdiction to entertain a writ petition under article 226 of the constitution when appropriate forum of filing election petition is provided under the statute as the election petition requires a full trial.9. ..... that being so, i think it will be a fair inference from the provisions of the representation of the people act to state that the act provides for only one remedy, that remedy being by an election petition to be presented after the election is over, and there is no remedy provided at any intermediate stage.8. ..... challenge to this petition is the order dated 13-2-2006 (annexure p-l) passed in election petition no. ..... this court on 24-5-2006 while issuing notices observed that if any re-election takes place during pendency of this petition that shall be subject to final decision of this petition. ..... (2006) 10 scc 616.12. ..... : (2006)8scc487 , wherein the hon'ble supreme court relying on the ratio laid down in the cases of n.p. .....

M/s. A.K.R. Transport, Barbhata (Salkhan) Vs. M/s Kamakshi Shipping, A ...

Court : Chhattisgarh

..... from the law settled by this court in various cases the illustrative though not exhaustive principles which emerge with regard to the ambit and scope of an amending act and its retrospective operation may be culled out as follows: (i) a statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly or by necessary intendment, whereas a statute which merely affects ..... so, if the complaint has already been returned and was not filed before the appropriate forum as per applicable law in force at the prevailing time no complaint would be presumed to be pending at ..... 2014 dismissed the revision with an observation that the petitioner contended that while returning the complaint, two months' time should have been provided by the jmfc, pamgarh, to file compliant before appropriate jurisdictional forum, but the jmfc has not given two months' time. ..... has held that the amendment would operate retrospectively and would apply to the pending cases in which investigation was not complete on the date on which the amendment act came into force and the challan had not till then been filed in the court. ..... 22 of the decision, on consideration thought it expedient to direct that only those cases where, post the summoning and appearance of the alleged accused, the recording of evidence has commenced as envisaged in section 145(2) of the n.i.act, 1881 those proceedings were allowed to be continued at that place where the complaint was filed. .....

Balmukund Dubey and Others Vs. State of Chhattisgarh and Another

Court : Chhattisgarh

..... applicant seeking anticipatory bail at the time of final hearing has not been made effective by the notification issued by the central government in the official gazette under sub-section (2) of section 1 of the act, 2005 and, therefore, learned additional sessions judge is absolutely unjustified in directing personal presence of the petitioners at the time of final hearing of their application for anticipatory bail, thus the part of the ..... for the petitioners submits that by way of present petition, the petitioners are also seeking the relief of judicial enquiry for which, they be granted liberty to file appropriate petition separately, liberty is granted, as prayed for in the interest of justice (17) accordingly, the cr.m.p. ..... that though section 438 (1-b) of the code has been brought into statute book by the code of criminal procedure (amendment) act, 2005 but the said provision has not brought into force as on date under sub section (2) of section 1 of the code of criminal procedure (amendment) act, 2005 and, therefore, order directing personal presence of the present petitioners at the time of final hearing of their anticipatory bail ..... of the powers conferred by sub-section (2) of section 1 of the code of criminal procedure (amendment) act, 2005 (no.25 of 2005), the central government hereby appoints the 23rd june, 2006, as the date on which the provisions of the said act, except the provisions of sections 16, 25, 28(a), 28(b), 38, 42(a), 42(b) 42(f) (iii) and (iv) and 44(a), .....

Mohd. Akbar Etc. Etc. Vs. State of Chhattisgarh and anr.

Court : Chhattisgarh

Reported in : AIR2007Chh39; 2007(2)MPHT1

..... -- for the purpose of facilitating the application in relation to the state of madhya pradesh or chhattisgarh of any law made before the appointed day, the appropriate government may, before the expiration of two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and ..... chairman, vice-chairman, president or vice-president is held and shall continue in office till the expiry of the term specified;(b) the term of a committee in office at the commencement of the madhya pradesh co-operative societies (amendment) act, 1990 shall be three years notwithstanding its election-(i) for a period of three years under clause (i) of sub-section (7-a) as it stood immediately before the 28th june, 1988; or(ii) for a period of five years under the ..... sub-section shall be substituted, namely:7a(i) the term of the committee shall be five years from the date on which first meeting of the committee is held:provided that where a committee superseded, suspended or removed under the act is reinstated as a result of any order of any court or authority, the period during which the committee remained under supersession, suspension out of office as the case may be, shall be excluded in computing the period ..... on 14-2-2006, the following order was passed:in the course of arguments, both shri kanak tiwari and shri manindra shrivastava, learned senior counsel appearing for the petitioners submitted that the .....

Ajit P.K. Jogi Vs. National Commission for Scheduled Castes and Schedu ...

Court : Chhattisgarh

Reported in : AIR2007Chh90

..... that he contested the election on the basis of a false scheduled tribe certificate pertains to election dispute and that issue can be decided only by the competent authorities under the representation of the people act and the high court and the supreme court in an election petition and or an appeal as the case may be, and the same was outside the purview of the power and functions of the committee. ..... stated by us above, we are of the considered opinion that what is stated in the additional affidavit of the respondents 3 and 4 dated 14-3-2006 is an afterthought, politically motivated and is intended to take revenge against a political opponent for their own political reasons and expediency. ..... opportunity either in person or through counsel, the committee may make such inquiry as it deems expedient and consider the claims vis-a-vis the objections raised by the candidate or opponent and pass an appropriate order with brief reasons in support thereof.7. ..... , the writ petition was heard on 15-11-2006 in part and further arguments were heard on 28-11-2006 and after conclusion of the hearing, judgment was reserved on 28-11-2006, after the writ petition was heard in part on 15-11-2006, it appears, on 27-11-2006, learned counsel for the sixth respondent filed ..... article 329 excludes the jurisdiction of the courts and the authorities to entertain any matter relating to election which can be questioned only by an election petition under the law prescribed by the appropriate legislature (cf. .....

Dr. AtIn Kundu and ors. Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : AIR2003Chh1; 2003(1)MPHT67(CG)

..... . most of these neither have any operation theatre nor x-rays machine, nor a pathological clinic nor appropriate medicines for treatment of serious diseases and all such patients are referred or transferred to the urban hospitals or are forced to go to private clinics in urban areas for ..... this led to filing of the writ petition before the high court in which, amongst others, the prayer was to declare certain provisions of the gujarat university act and statutes 207, 208 and 209 as void and inoperative, prohibiting the university from objecting to or from prohibiting the admission of shrikant to english medium intermediate arts ..... the word 'subject to' clearly indicates that once the regulatory provisions are made under the central act, all contrary laws and state laws become ipso facto void in view of clause (i) of article 254 of constitution of india except in the case falling under clause (ii) of article ..... however, the principal of the college informed the student that in view of the provisions of gujarat university act, 1949 and the statutes 207, 208 and 209 framed by the senate of the university, he, i.e ..... two substantial questions were involved for determination--(1) whether under the gujarat university act, 1949 it is open to the university to prescribe gujarati or hindi or both as an exclusive medium or media of instruction and examination in the affiliated colleges, and (2) whether legislation authorizing the university to impose such media would infringe entry 66 of list .....

Reshamlal Pradhan Vs. State of Chhattisgarh, Through Secretary and Ano ...

Court : Chhattisgarh

..... the petitioner is duly eligible to be considered for the post of assistant professor (information technology) as such, the action of the respondents in not permitting him to appear in the examination be held to be void and inoperative and an appropriate writ be issued commanding the respondents to allow him to appear in the examination as eligible candidate for the post of assistant professor (information technology), and consequential writ / direction be issued. 3. ..... bharat that the petitioner is not entitled for negative parity as this court would not like to issue a writ of mandamus to act contrary to law, however, he would submit that the candidature of bheem prasad ram will be examined afresh at the appropriate time / level and if he is found ineligible, care will be taken to see that he is duly declared ineligible at the ..... filed by the respondent state of chhattisgarh stating inter alia that in exercise of powers conferred under sub-section (1) of section 23 read with sections 10 (i) and (v) of the all india council for technical education act, 1987, regulations known as the all india council for technical education [pay scales, service conditions and qualifications for the teachers and other academic staff in technical institutions (degree)] regulations, 2010 (for short ' ..... comprehend the controversy raised by the parties herein, it would be appropriate to first notice the aicte regulations which have been framed under the all india council for technical education act, 1987. .....

Awadh Tripathi and Others Vs. The Bar Council of Chhattisgarh and Othe ...

Court : Chhattisgarh

..... been negatived by this court, but at the same time allegations and counter allegations are levelled making serious allegations of tampering and this court has formed special observer committee, i deem it appropriate to issue directions in both the writ petitions in the following manner: * the counting of remaining ballots shall be conducted in presence of special observer committee. ..... (b) effect of non-joinder of the contesting candidates as necessary party/respondents: 39) in the context of elections under the representation of peoples act, 1951, all the contesting candidates are necessary parties where the petitioner seeks a declaration that he may be declared elected after setting aside the election ..... needless to say that in the very nature of the things the court would act with reluctance and shall not act, except on a clear and strong case for its intervention having been made out by raising the pleas with particulars and precision and supporting the ..... the outgoing body of the sbc expired on 15-11-2012, which was extended by the bar council of india (for short 'the bci') for a further period of six months, thereafter, under section 8a of the advocates act, 1961 (for short 'the act, 1961'), election of the sbc was required to be conducted by a special committee. ..... the following shall be deemed to be corrupt practices for the purposes of this act; (1) 'bribery' that is to say (a) any gift, offer or promise of any gratification to any person whomsoever with the object, directly .....

Chhattisgarh State Seed and Agriculture Development Corporation Limite ...

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

..... alavalapati chandra reddy, this court did not decide the issue relating to the alleged non-compliance of section 13(1)(c) of the consumer act, but approved the reasoning of the state commission which found fault with the appellant for not taking steps to get the seeds tested in an appropriate laboratory. ..... in these circumstances, the order of the district forum is not vitiated by the circumstance that it has not on its own accord sent the seeds for analysis by an appropriate laboratory. ..... moreover, if the opposite parties have disputed that the seeds were not defective they would have applied to the district forum to send the samples of seeds from the said batch for analysis by appropriate laboratory. ..... the respondent no.1 (complainant) has not purchased seed from the appellant (o.p.no.2), and hence the respondent no.1 (complainant) is not a consumer as defined in the consumer protection act, 1986. ..... the appellant (o.p.no.2) also filed his written statement before the district forum and pleaded that the respondent no.1 (complainant) is not covered under the definition of "consumer" under section 2(d)(i) of the consumer protection act, 1986. ..... he cannot take shelter under section 13(c) of the cp act. ..... in our view, it is the petitioner company which failed to comply with the provisions of section 13(c) of the act. .....

Dr. R. Jairam Iyer Vs. State of Chhattisgarh

Court : Chhattisgarh

..... their lordships of the supreme court have considered earlier decision on the question of medical negligence on the part of the doctor and held that it is necessary that death should be direct result of the rash and negligent act of the accused and it was further held that the doctor has discretion in choosing treatment in which he proposes to give treatment to the patient and culled out the following principles, summed up in paragraph 89 of ..... further allegation of the prosecution is that the enquiry committee constituted by the state government on 20.08.2008 to enquire into the allegation of rashness and negligent act of the petitioner has recorded a finding that conservative medical line of therapy ought to have been performed first and failure to respond to it, invasive medical treatment of angiography and angioplasty would have been ..... and forged death certificate was issued to the family members of shri ashok pingle and, as such, there is a rash and negligent act in treating the patient shri ashok pingle by the petitioner and death of shri pingle was suppressed and forged death certificate was issued and, thereby, petitioner ..... (3) the petitioner finding the invasive treatment to be appropriate considering the gravity of illness and clinical conditions performed angiography and percutaneous coronary intervention (pci) and thereby two drug eluting stent (des) were placed in lad and ..... aside the judgement under appeal and also the proceedings of the trial court dated 11.12.2006. .....