Judgment Search Results Home > Cases Phrase: appropriation act 2006 Court: chhattisgarh Page 16 of about 798 results (0.066 seconds)

Parmanand Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : 2005(1)MPHT61(CG)

..... learned counsel for the petitioner submits that since the charge-sheet has not been filed under the appropriate sections and the complainant party has received serious injuries, therefore, it is just possible that the charges may not be framed under appropriate sections and the trial court may also commit a mistake in this regard. ..... 2 who has neither conducted the investigation properly nor has filed the charge-sheet under the appropriate sections of indian penal code. ..... learned state counsel opposes the prayer and submits that the inherent powers of the high court are not to be exercised in such circumstances even on the apprehension of a party, that a particular court of law will not act in accordance with law and on the basis of apprehension alone no command is required in this regard.6. ..... mere suspicion in the mind of a party that the subordinate court would not act in accordance with law does not give him power to invoke inherent jurisdiction of the high court under section 482, cr.pc for a direction to the subordinate court to do a thing in a particular manner. .....

Commissioner Customs and Central Excise Central Raipur Chhattisgarh Vs ...

Court : Chhattisgarh

..... the assessee's appeal, it was held (it is quoted supra) that in such circumstances,, the adjudicating authority should have followed the procedure prescribed under rule 57(q) of the rules by giving to an assessee a show cause notice and then appropriate order should have been passed. ..... if the taxing authorities did not consider it proper to grant any tax benefit under the act to an assessee or when it was noticed that assessee has availed of wrong benefit to which they were not entitled then principle of natural justice demand that they should have been served with proper show cause ..... this is an application made under section 35 -(h)(1) of the central excise act by the commissioner of central excise (revenue) against the order dated 23.5.2000 bearing no. ..... order form of application to the high court under section 35-h(1) of the central excise act, 1944. .....

C.S. Tiwari Vs. State of Chhattisgarh

Court : Chhattisgarh

..... duty or requirement to ensure the safety of the two deceased workers, and his testimony is corroborated by the testimony of crane-operator, therefore, in view of section 104a of the act, 1948, it was incumbent upon the applicant/occupier to prove that all practicable measures, as contemplated under section 7 a(2)( d) of the act, 1948, were taken to satisfy the duty or requirement in regard to the safety of the two deceased workers who were working in the isolator panel room, section ..... upon furnishing the explanation, the inspector of factories, finding the explanation unsatisfactory, submitted two charge-sheets under section 105 of the act, 1948 before the court of judicial magistrate first class, labour court, durg for commission of offence punishable under section 92 of the act, 1948 for violation of sections 7 a(2)(d), 7 a(1) and 7 a(2) (a) of the act, 1948, alleging that the applicant, being the occupier, failed to ensure safety measures, as a result of which, the molten metal ..... by not providing emergency safe exit in the isolator panel room and failure of the applicant/ occupier to adduce any evidence in support of his case and his failure to discharge the burden as provided in section 104a of the act, 1948, it cannot be held that the state industrial court was unjustified in holding the applicant responsible for not ensuring compliance of provision of section 7 a(2) (d) of the ..... the amount of fine imposed is appropriate and commensurate to the guilt of the applicant. 19. .....

Bharat Aluminium Company Ltd. Vs. Dashrath Singh

Court : Chhattisgarh

Reported in : 2009(1)MPHT43(CG)

..... even in a case where the delay is shown to be existing, the tribunal, labour court or board, dealing with the case can appropriately mould the relief by declining to grant back wages to the workman till the date he raised the demand regarding his illegal retrenchment/termination or ..... cooperative marketing-cum-processing service society limited and anr.3, the supreme court has held as under:10...the provisions of article 137 of the schedule to the limitation act, 1963 are not applicable to the proceedings under the act and that the relief under it cannot be denied to the workman merely on the ground of delay. ..... the court may also in appropriate cases direct the payment of part of the back wages instead of full back wages ..... but in case of limitation prescribed for making an application for initiating proceeding under section 62 (i) (a), (b), (c) of the act, 1960, one/two years period of limitation has been prescribed and there is no power vested in the labour court for condonation of delay ..... for the purpose of condonation of delay in absence of applicability of provisions of section 5 of the limitation act, 1963, the court cannot invoke its inherent powers under provisions of rule 106(3), order xxi of the civil procedure code, ..... the respondent has preferred an application on 01.05.2006 and the application was preferred within a period of one year from the date of order of the high court ..... instant application was filed thereafter on 01.05.2006 within a period of one year. ..... 01.05.2006. .....

Anil Kumar JaIn Vs. State of Madhya Pradesh Now State of Chhattisgarh ...

Court : Chhattisgarh

..... under the circumstances, the respondent no.2 being the head of the administration in the district had to take appropriate step in public interest especially protecting the interest of the poor tribes and villagers, therefore, the respondent no.2 has taken the trees already cut into his possession for being auctioned so that suitable amount ..... the contention of the petitioner that the farmers are protected under the provisions of the code, 1959 to cut such trees has no basis, as by the mp land revenue code (amendment) act, 1996 after sub-section (3) section 240 of the code, 1959, sub-sections (4) (5) and (6) were substituted by gazette notification dated 25.3.1996 (annexure - r/1). 14. ..... the petitioner also submitted an application on 01.02.1997 (annexure - p/4) before the respondent no.2 and requested that the respondent no.5 may be directed to take appropriate action on the application submitted by the sarpanch. 3. ..... shri bhaduri, would also submit that the concerned gram panchayat was acting in violation of the law and procedure prescribed for issuing the t.ps. .....

Shubham Tejwani Vs. State of Chhattisgarh and Others

Court : Chhattisgarh

..... after knowing about the said fact, the petitioner obtained several documents under the provisions of the right to information act, 2005 and made a representation before the respondent authorities on 25.04.2011 (annexure p-3) to consider his case and pass an appropriate order, in accordance with law, but till date no action has been taken. .....

indar Kumar Athwani Vs. Chhattisgarh State Power Distribution Co. Ltd. ...

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

..... though held that the intention of the parliament is not to bar the jurisdiction of the consumer forum under the consumer protection act and have saved the provisions of the consumer protection act, failed to notice that by virtue of section 3 of the consumer protection act, 1986 or sections 173, 174 and 175 of the electricity act, 2003, the consumer forum cannot derive power to adjudicate a dispute in relation to assessment made under section 126 or offences under sections ..... 135 to 140 of the electricity act, as the acts of indulging ""unauthorized use of electricity" as defined under section 126 or committing offence under section 135 to 140 ..... accordingly, without going into merits of the appeal, we dismiss the appeal filed by the appellant / complainant and dismiss the consumer complaint with liberty to the appellant/complainant to seek appropriate remedy available to him before other appropriate forum. .....

Sujit Pandey and ors. Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : 2006(2)MPHT62(CG)

..... the third respondent is, however, directed to complete the enquiry and pass appropriate final order expeditiously. ..... that the state government or the prescribed authority may by an order in writing and for reasons to be stated therein suspend the execution of any resolution passed, order issued, licence or permission granted or prohibit the performance of any act by a panchayat, if in his opinion, among other circumstances, such resolution, order, licence, permission or act is in excess of the powers conferred by the adhiniyam or is contrary to any law. .....

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 .....

Matoshri Developers and Another Vs. State of Chhattisgarh and Others

Court : Chhattisgarh

..... as per the provisions of section 37 (2) of the chhattisgarh society registrikaran adhiniyam, 1973 (for short "the adhiniyam, 1973"), no court shall take cognizance of an offence punishable under this act except upon complaint made by the registrar or any other person, authorized in writing by him, in this behalf, therefore, the cognizance taken by the respondent authorities against the petitioners is without jurisdiction and, as such, the same is ..... report was submitted by the police before the competent court for offences committed by them under the provisions of sections 420, 409, 120b, 411 and 414 of the ipc and under sections 4 and 5 of the act, 1978, whereas in this petition, the petitioners have sought only quashing of the offences punishable under sections 420 and 120b of the ipc.27. ..... before examining the merits of the rival submissions, it would be appropriate to briefly notice the scope and ambit of the jurisdiction of the high court under section 482 of the code. ..... shri tamaskar would further submit that as per the provisions of section 235 of the companies act, 1956 (for short "the act, 1956") the central government, where a report is made by registrar of companies, may appoint one or more persons as inspectors to investigate into affairs of the company, under the provisions of section 237 of the act, 1956 and also other cases under the circumstances and, as such, the criminal cases registered against the petitioner society .....