Judgment Search Results Home > Cases Phrase: appropriation act 2006 Court: chhattisgarh Page 8 of about 798 results (0.020 seconds)

Vani Rao Vs. Amar Agarwal and Another

Court : Chhattisgarh

..... the basic objections raised by respondent no.1 is that the nature of complaint made in the election petition cannot be gone into by way of election petition as the act of 1951 does not permit such ground to challenge the election petition on the ground of defective voters list. ..... question as to whether the names of voters were lawfully included in the electoral roll as defined in section 2(e) of the act, 1951 cannot be given an interpretation that the words the eligible and lawful elector on the given date. ..... therefore, he submits that the entire procedure for inclusion and exclusion of names are covered by the act of 1950, which is a code in itself, so the election petition would not lie on the ground of erroneous electoral list and such remedy is not available ..... xxx xxx (ii) by any corrupt practice committed in the interests of the returned candidate [by an agent other than his election agent] or (iii) xxx xxx xxx (iv) by any non-compliance with the provisions of constitution or of this act or of any rules or order made under this act the high court shall declare the election of the returned candidate to be void. 15. ..... to question the legality of any action taken by or under the authority of electoral registration officer it can be rectified only in the manner prescribed by law by preferring an appeal under rule 27 of the rules or by resorting to any other appropriate remedy. ..... nand kumar patel reported in 2006 (2) cglj 470 in respect of material particulars have observed as .....

Mst. Chandra Vs. Hari Singh and Others

Court : Chhattisgarh

..... . further, it is also a case when her application for the first time was summarily rejected on merits on 11.01.2013 even then the appellant did not deserve any liberty for moving appropriate application at a later stage and for the said reason also the judgment of the madhya pradesh high court would not come to the rescue of the appellant ..... . however, what one should realize is the fact that on account of the default on the part of the appellant as also on account of non filing of appropriate application for substituting the legal representatives of the deceased persons on record, a substantial valuable right has accrued in favour of the legal representatives of the deceased respondents and the right so accrued though on default of the appellant ..... . in the instant case, it is apparently clear from the act and action of the appellant that she has miserably failed to show sufficient cause in moving appropriate application at the appropriate time ..... . 2757/06 for deleting the name of appellant no.1 from the array of the parties which was allowed by this court vide its order dated 20.09.2006 and as per the court order dated 20.09.2006, notices were directed to be issued to the respondents on payment of process fee as per rules ..... . this court vide its order dated 20.09.2006 admitted the appeal on the following substantial question of law: whether in view of the admitted fact that a compromise decree was passed in the earlier civil suit no .....

Netram Sahu Vs. Mukesh Isayee and ors.

Court : Chhattisgarh

Reported in : 2007(3)MPHT27(CG)

..... second argument of learned counsel for the claimant/appellant was that in this case, claimant is still alive, therefore, it was not appropriate for the tribunal to deduct one third of the income of the claimant, that can be deducted only in the case of death of the bread earner and claim is filed by dependent family members. ..... vide impugned award learned tribunal after scrutinizing evidence reached to the conclusion that it is admitted that right hand of the claimant has been amputed but even then he might be earning something, therefore, based on that it is appropriate to assess loss of rs. ..... act, 1988. ..... act being aggrieved by the award dated 24th october, 2002 passed by the 5th additional motor accident claims tribunal, bilaspur in claim case no. .....

Dr. I. D. Kalwani Vs. T.N. Dubey and Another

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

..... as the complainant told the ops that his partner namely sandeep pandey started mis-using and mis-appropriation of the capital and police is not lodging report, therefore, the ops had filed writ petition (criminal) before honble high court, in which there is signature of the complainant and ..... returned back to bilaspur, then he came to know about fraudulent act and mis-appropriation of the capital by the partner of the firm namely sandeep ..... society, the court speaking on the jurisdiction of the consumer fora held that the provisions of the said act are required to be interpreted as broadly as possible and the for a under the cp act have jurisdiction to entertain a complaint despite the fact that other fora/courts would also have jurisdiction to ..... in its view that the complex factual position requires that the matter should be examined by an appropriate court of law and not by the commission. ..... partner of the said firm namely sandeep pandey had started mis-using and mis-appropriation of the capital to the tune of rs.2,64,00,000/-. ..... is, therefore, in any event, not an appropriate case to be heard and disposed of in ..... this is an appropriate claim for a civil court to decide and obviously was not filed before a civil court to start with because, before the consumer forum, any figure in damages can be claimed without ..... muni mahesh patel, iv (2006) cpj 1 (sc) = vi (2006) slt 436 = 2006 (134) company cases 103 (sc), there was simple dispute relating to the claim whether the respondent's wife was .....

Chandrawanshi K.P. and 9 ors. Vs. National thermal Power Corporation L ...

Court : Chhattisgarh

Reported in : (2005)ILLJ779CG

..... therefore, in view of the above judgment of the hon'ble apex court, the writ petition is also maintainable where some disputed questions of facts arise for consideration and also in appropriate cases where the writ petition is against a state or an instrumentality of a state arising out of a contractual obligation is maintainable. ..... and legitimate reasons, for which the court thinks it necessary to exercise the said jurisdiction.in para 27 of the above judgment, the court has held that following legal principles emerge as to the maintainability of a writ petition-(a) in an appropriate case, a writ petition as against a state or an instrumentality of a state arising out of a contractual obligation is maintainable. ..... it is, therefore, open to the learned single judge to issue an appropriate direction to the respondent bank, if otherwise justifiable on facts. ..... it was, therefore, open to the single judge to issue an appropriate direction to the respondent bank, if otherwise justifiable on facts. ..... in an appropriate case, inspite of availablity of the alternative remedy, the high court may still exercise its writ jurisdiction in atleast three contingencies: (i) where the writ petition seeks enforcement of any of the fundamental rights; (ii) where there is failure of principles of natural justice: or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is challenged.'21. .....

M/S Bharat Aluminium Company. Vs. Engineering Projects India, and ors.

Court : Chhattisgarh

..... the same may be questioned at the appropriate stage as and when it is available to the petitioner. 56 ..... no party can say he will be bound by only one part of the agreement and not the other part, unless such other part is impossible of performance or is void being contrary to the provisions of the act, and such part is severable from the remaining part of the agreement. ..... arbitration agreement embodies an agreement between the parties that in case of a dispute, such dispute shall be settled by arbitrator, or umpire of their own constitution or by an arbitrator to be appointed by the court in an appropriate case. ..... , on 20-5-2002 (annexure - p/17 to the first petition) the advocate of balco moved an application before the arbitrator and stated that the venue of the arbitration would be at korba and sought appropriate direction. ..... hon'ble single judge of the supreme court while deciding the application under the provisions of section 11 (6) of the arbitration and conciliation act, 1996 in geo-group communications inc. v. ..... the indian arbitration and conciliation act, 1996 shall not be applicable to the arbitration under this clause ..... arbitration agreement is different from the agreement under the contract act. ..... the principle in para (iii) has to be now read subject to section 16(1)(b) of the act. ..... the principle stated in para (i) is now given statutory recognition in section 16(1)(a) of the act. ..... the arbitration clause however can be specifically enforced by the machinery of the arbitration act. .....

Sheela Wakanker and Others Vs. Meena Kumari Sharma and Another

Court : Chhattisgarh

Reported in : 2012AIR(NOC)219

..... meera jaiswal for the appellants mainly assailed the judgment and decree passed by the first appellate court on the ground that under article 54 of the limitation act, the suit ought to have been filed within a period of 3 years from the date of execution of agreement of sale, but in the instant case, the suit has been filed beyond the period of three years and ..... h.b.agrawal, learned senior advocate for the appellants, it would be appropriate to refer the article 54 of the limitation, which reads as under: "for specific per-three years the date fixed for formance of a contract the performance, or if no such date is fixed, when the plaintiff has notice that ..... as per article 54 of the limitation act, 1963, the date fixed for the performance must be a date expressly fixed in the contract itself which is to be specifically enforced and not a date which the parties may have fixed by necessary implication without stating .....

Commissioner of Income Tax Vs. Raipur Transport Co. (P) Ltd.

Court : Chhattisgarh

Reported in : (2009)226CTR(NULL)683

..... although the company collected passenger tax and claimed the liability to pay such tax in its accounts, it disputed the levy before the appropriate authorities. ..... 4 of section 271 was substituted by the finance act, 2002 w.e.f. ..... 2,13,720 levied by the ao under section 271(1)(c) of it act, 1961?2. ..... the aforesaid amount became chargeable to tax as profits and gains under the deeming provisions of section 41(1) of the it act. .....

Commissioner of Sales Tax Vs. Dayalal Meghji and Co.

Court : Chhattisgarh

Reported in : (2010)30VST109(NULL)

..... course of inter-state trade or commerce notwithstanding that no tax would have been leviable under the sales tax law of the appropriate state if that sale had taken place inside that state, however, section 8(2a) mandates that notwithstanding the provisions of section 6(1a), the tax payable under this act by a dealer with respect to his turnover, which relates to the sale of any goods, is exempt from tax, generally or subject to tax generally at a rate which ..... contained in sub-section (1a) of section 6 or sub-section (1) (or clause (b) of sub-section (2) of this section, the tax payable under this act by a dealer on his turnover in so far as the turnover or any part thereof relates to the sale of any goods, the sale or, as the case may be, the purchase of which is, under the sales tax law of the appropriate state, exempt from tax generally or subject to tax generally at a rate which is lower than (four per cent) (whether ..... (1a) a dealer shall be liable to pay tax under this act on a sale of any goods effected by him in the course of inter-state trade or commerce notwithstanding that no tax would have been leviable (whether on the seller or the purchaser) under the sales tax law of the appropriate state if that sale had taken place inside that state.section 8(2a) of the act, 19568. .....

Rajiv Grih Nirman Sahakari Samiti Maryadit and Another Vs. State of M. ...

Court : Chhattisgarh

..... , 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 local authority, or a society registered under the societies registration act, 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 ..... co-operative societies for the time being in force in any state; (vii) the provision of land for any other scheme of development sponsored by government, or, with the prior approval of the appropriate government, by a local authority; ..... shri moorthy, learned counsel appearing for the state/respondents submits that admittedly, a notification under section 4(1) of the act, 1894 was published but thereafter, no notification under section 6 of the act, 1894 was issued for the reason that the state government, vide the impugned order declined to acquire the land ..... clause (vi) of section 3(f) of the act provides for acquisition of land with prior approval of the appropriate government, by local authority or a society registered under the societies registration act, 1860 (21 of 1860) which is engaged in implementation of any scheme undertaken by the government, any local .....