Judgment Search Results Home > Cases Phrase: appropriation act 2008 Court: chennai Page 15 of about 31,106 results (0.100 seconds)

Union of India Vs. Shri.M.S.Badrinathan

Court : Chennai

..... inspector under the 3% reservation.17.in the common reply before the tribunal, it is also averred by the petitioners/respondents that as per board's letter f.no.c.18013/04/2008, ad.iiib, dated 11.03.2008, the physically handicapped persons were allowed to be promoted provisionally subject to their passing the physical test after the new parameters are evolved in consultation with nioh ..... central excise and that the respondent/applicant made a representation to the 1st petitioner/1st respondent for which no reply has been issued and consequently, the o.a.no.472 of 2008, praying for issuance of a direction to the petitioners/respondents to consider the case of the respondent/applicant for promotion as inspector of central excise under the physically handicapped ..... are evolved in consultation for nioh, kolkata.14.the learned counsel for the respondent/applicant contends that the 1st petitioner/1st respondent issued a letter dated 01.04.2008 to all commissioners of central excise quoting the earlier orders of the high court and the honourable supreme court of india calling for details of all physically ..... in computer application and relevant procedures within two years failing which they would not be eligible for further increments.29.we deem it appropriate to quote section 32 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, which reads as follows: 32.identification of posts which can be reserved for persons with disabilities. .....

P.Arimutharasu Vs. 1.The Superintending Engineer

Court : Chennai

..... (iv) but in cases where powers are conferred upon the licensee under section 164 of the electricity act, 2003, the provisions of rule 3(1) to (3) of the works of licensees rules, 2006 will not apply, in other words, where the appropriate government had conferred upon the licensee, the powers of a telegraph authority under the telegraph act, 1885, the licensee need not take recourse to the procedure prescribed by rules 3(1) to (3) of the works of licensees rules, 2006. ..... board should go before the district magistrate for removal of the obstruction of the petitioner as the work has already been completed, liberty is granted to the petitioner to apply to the district magistrate under section 17(2) of the telegraph act, 1885 and if such application is filed within a period of two weeks from the date of receipt of a copy of this order, the district magistrate shall consider the same after affording an opportunity of personal hearing of the petitioner ..... the decision in the case of r.kannan (cited supra) is for the proposition that by virtue of section 164 of the electricity act, 2003, the appropriate government for placing of electric lines or electrical plant for the transmission of electricity or for the purpose of telephonic or telegraphic communications necessary for proper co-ordination of work confer upon any public officer etc. ..... executive magistrate-cum-dist.collector, reported in (2008) 4mlj1024 13. ..... , reported in (2008) 4 mlj892and t.narayanan v. .....

Sbq Steels Ltd Vs. Indian Bank

Court : Chennai

..... mr.s.r.rajagopal, the learned counsel appearing for the petitioner had submitted that the act of the first respondent bank in issuing certain instructions for the freezing of the accounts of the petitioner, with the second respondent and the directions issued for the transfer of the amount to the third respondent, for being appropriated, without obtaining the necessary consent or approval from the petitioner, is contrary to the relevant provisions of law, including ..... learned counsel appearing for the petitioner had further submitted that, in the monitoring committee meeting held on 8.1.2014, it had been acknowledged that the act of the respondent bank, in freezing the account of the petitioner, and the appropriation of the account, unilaterally, was in violation of the banking norms.6. ..... the said act had not been challenged, by the petitioner, before the appropriate forum, in the manner known to ..... counsel appearing for the petitioner had further submitted that the respondent bank is not authorized by the provisions of the banking regulation act and the indian contract act, 1872, for freezing of the accounts of the petitioner. ..... no circulars issued by the reserve bank of india giving the power to the banks, to commit such acts, without the prior approval of the petitioner. ..... it has been further stated that the act of the respondent bank in claiming a lien, in respect of the amount lying, in the account of the petitioner, in its gudur branch, cannot be held to be valid in the eye .....

T. Thanggakolanchinathan Vs. The Registrar General, High Court of Madr ...

Court : Chennai

..... the first respondent insofar as the plea of non extension of 3% reservation to persons with disability, would state that section 33 of the act 1 of 1996 makes it incumbent upon every appropriate government to appoint in every establishment such percentage of vacancies not less than 3% of persons with disability and the said section uses the expression in the posts identified for each disability and would further state ..... to government, home (courts) department, fort st.george, chennai in a pending writ petition in w.p.no.29673 of 2013 public interest litigation filed by mr.mohamed nazurallah and it is averred among other things that in compliance of the order dated 15.04.2009 in w.p.no.27089 of 2008 filed by thiru.a.tamilvanan as well as the contempt petition filed by the said writ petitioner, a notification in g.o.ms.no.642, home, dated 31.08.2012 has been published in the tamil nadu government gazette extraordinary dated 31.08.2012 invoking proviso ..... rule 2, candidates with the following disabilities, namely, blind, deaf, orthopaedically handicapped can seek for recruitment for the post of civil judge and on earlier occasion, it was also the subject matter of challenge in w.p.no.27089 of 2008 filed by thiru.a.tamilvanan and vide order dated 15.04.2009, this court has disposed of the said writ petition with a clear direction to the government to consider the question of invoking the proviso under section 33 of the .....

Lakshmi School and Others Vs. State of Tamil Nadu and Others

Court : Chennai

..... private school or the government school or aided school has collected fee in excess of the fee determined by the committee or fixed by the government, as the case may be, it shall recommend to the appropriate competent authority for the cancellation of the recognition or approval, as the case may be, of the private school or aided school or for any other course of action as it deems fit in respect of ..... as under:- it is incorrect to state that state government is totally alien to have a control over the cbse schools under section 2(a)(ii)(a) and appropriate government for all the schools established within the territory of the state is only state government, which can exercise domain over all the states including ..... school to be established without obtaining certificate of recognition: (1)no school, other than a school established, owned or controlled by the appropriate government or the local authority, shall, after the commencement of this act, be established or function, without obtaining a certificate of recognition from such authority, by making an application in such form ..... seeking for the relief of issuance of writ of certiorarified mandamus to call for the records from the 1st respondent relating to the impugned order dated 3.6.2011 passed under section 6(4) of act 22 of 2009 relating to the petitioner namely srri spk public school (14185), kadachanallur, erode main road, tiruchengode t.k.namakkal district _ 638 008, quash the same and further direct the ..... capoor (2008(5) scc .....

Rare Crafts Overseas Vs. Commissioner of Customs, Chennai

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

..... are other authorities also who have taken the view, however, like the calcutta court, that a confiscation proceeding shall not be controlled by a provision like one under section 47 or section 51 of the act and that it would be incorrect to say that for initiating a confiscation proceeding, it would be necessary to find out whether the goods have been duly cleared by the customs or not. ..... for confiscation of export cargo of red sanders wood in the guise of handicrafts to singapore (red sanders wood is prohibited for export under the provisions of the customs act read with schedule ii of export policy and value added products of above wood are restricted for export under licence issued by dgft subject to certificate from the principal chief conservator of forests of the state ..... it was said: confiscation is an act of appropriation of private property for state or sovereign use and usually been the result of the doing by the owner of some prohibited act. ..... 43] supra, however, have not taken notice that the seizure and confiscation are acts in rem unlike any penal action under the act itself being one in relation to the goods rather than in relation to the person and such proceedings, however, depend not on anything else, but the reasonable belief of the proper officer that the goods ..... on their peculiar facts, are good for taking notice of the order under section 47 of the act and saying accordingly that unless that order was set aside, no proceeding for confiscation should have been .....

Mrs.Shajahan Begaum Vs. The Chief Executive officer,chennai-01.

Court : Chennai

..... facts of the present case, when specific point is raised about the legality of the constitution of ad hoc committee including certain persons who are stated to be undesirable, certainly, it is the wakf tribunal, which is the appropriate authority to decide the issue as per the wakf act on appreciation of the entire facts.?.8. ..... the learned counsel for the petitioner further invited the attention of the court to section 64(3) of the wakf act and submitted that unless a decision was taken by the majority of not less than 2/3 members of the board, no ..... the wakf tribunal is appropriate to decide the issue ..... the opinion that for challenging the appointment of the committee by the respondent to administer the petitioner wakf, the petitioner can seek her remedy only before the wakf tribunal, under section 83(2) of the wakf act, not by way of this writ petition under article 226 of the constitution of india.9. ..... taken up for consideration, the learned counsel for the petitioner invited the attention of the court to the provisions of the wakf act, 1995 and submitted that no committee can be appointed for administration of durga. ..... for the petitioner replied that if the dispute is with regard to the wakf property, then only the petitioner can seek remedy under section 83(2) of the wakf act before the wakf tribunal. ..... counsel for the respondent submitted that as against the impugned order, the petitioner is having an alternative remedy under section 83(2) of the wakf act before the wakf tribunal. .....

Tamil Nadu Highways Roadways Employees' Association, (Regn. No. 97/200 ...

Court : Chennai

Reported in : (2004)4MLJ335

..... or class of candidates for appointment to a service in such manner as may appear to him to be just and equitable' makes it clear that the power vested with the governor of the state to pass appropriate orders which would appear to him as just and equitable irrespective of any specific rule contained in the state and subordinate rules as well as special rules for tamil nadu basic servants even in regard to any ..... stating that csir is an industry falling within the definition of an 'industry' under section 2(j) of the industrial disputes act and as regards the constituent unit of the council was concerned, the tribunal held that the matter had to be decided on the facts arising in the case and in the absence of appropriate data and material, it would not be proper to decide such a question.while dealing the above said issues, the ..... even if it were to be held that the provisions of the industrial disputes act gets attracted, the remedy should have been availed before the appropriate adjudicatory forum created under the provisions of the industrial disputes act and not under the state administrative tribunal. ..... for the appellant did not very appropriately dispute before us that the necessary consequence of non-compliance of section 25-f of the disputes act in case where it applied made ..... had jurisdiction to set aside the orders of termination for giving appropriate relief in the event of the finding to the effect that there was no compliance of section 25(f) and (g) of the central act.24. .....

Sivabala Auto Finance, Rep. by Its Managing Partner, K. Karnan Vs. the ...

Court : Chennai Madurai

..... rajan, learned counsel for the petitioner, however, contended that the opinion of the authority was erroneous because, under section 3(ii) of the act, there is a power to proceed against the borrowers in order to satisfy the demands of the depositors and therefore, the competent authority sent the proposals to the state government and the state government may pass orders and hence, appropriate direction may be issued. 8. ..... view of the non-payment of the deposits, a criminal case was registered under cr.no.29 of 2006 under the provisions of the tamil nadu protection of interests of depositors (in financial establishments) act, 1997 and the charge sheet has been filed before the special court dealing with the said case. 4. ..... present case, a perusal of section 4(5) of the act, will clearly show that the competent authority should make an application to any court having jurisdiction to try similar cases or deal with the subject matter pertaining to money or property belonging to a financial institution or any person specified in section 3 situated within the territorial jurisdiction of that court for appropriate orders. 9. ..... while this court does not find any illegality in the impugned order passed by the third respondent, nothing prevents the petitioner from moving the state government for passing necessary and appropriate orders under section 3 of the act. ..... already, a criminal case has been registered in cr.no.30 of 2008 and the case is pending before the special court in c.c.no.46 of .....

Chitra Construction Company Vs. Addl Commissioner of Customs

Court : Chennai

..... further stated that if the respondents had any information, with regard to the payment of taxes, they had sufficient powers to issue appropriate notices or summons asking the petitioners to produce the necessary documents for initiating further proceedings, if such proceedings are found to be ..... when serious allegations of tax evasion by the petitioners, to the tune of several crores of rupees, have been made, it would not be appropriate for this court to scuttle the process by placing undue emphasis on the hypertechnical pleas putforth on behalf of the petitioners, with regard to the procedural formalities in the issuance of ..... would be open to the petitioners to defend themselves by showing, at the appropriate stage of the proceedings, that they are not liable to pay the services tax, in respect of the services rendered by them, due to the exemption said to have been granted by way of the notification no.17/2005-st, dated 7.6.2005, issued under section 93 of the finance act, 1994, as claimed by them. ..... others, (c.w.p.no.14881 of 2008, dated 31.10.2008), it had been held, by the high court of punjab and haryana, that unless there is an assessment and a demand thereon, the amount deposited by the petitioners cannot be be appropriated. ..... documents, that the petitioner companies had undertaken the works for larsen and toubro private limited for the consideration of not less than rs.155 crores, during the period from 2008-09 upto the month of february 2012. ..... india, 2008 (230 ..... india, 2008 (230 .....