Judgment Search Results Home > Cases Phrase: appropriation act 2008 Court: chhattisgarh Page 1 of about 735 results (0.038 seconds)

Rungta College of Engineering and Technology Bhilai and Others Vs. Sta ...

Court : Chhattisgarh

..... it is presumed that the state has power to frame rules not under section 3(6), but under section 12 of the act, 2008, the rules must be framed and issued by order and in the name of governor, as required under the constitutional ..... , learned counsel for the state, would submit that without challenging the provisions of sections 6 and 7 of the chhattisgarh niji vyavasayik shikshan sanstha (pravesh ka viniyaman avam shulk ka nirdharan) adhiniyam, 2008 (for short "the act, 2008"), challenge to the provisions of the pravesh niyam, 2012 is not maintainable. 8. ..... mention that the pravesh niyam, 2012, which according to the learned advocate general, was framed in exercise of its power conferred under section 12 of the act, 2008, was not duly authenticated, as required, by order and in the name of governor. ..... learned counsel for the state that without challenging the provisions of sections 6 and 7 of the act, 2008, the rules, 2012 cannot be challenged, does not merit acceptance. ..... there was no challenge to the validity of sections 6 and 7 of the act, 2008 in disha education society (supra), and also there is no challenge to the above stated provisions, therefore, it is not necessary to examine the validity of the said provisions ..... that the rules, 2012 cannot be struck down on any other ground except if the law in question takes away or abridges a fundamental right or violates any other constitutional provision and the appropriate legislature does not have competence to make the law in question. .....

Dr. R. Jairam Iyer Vs. State of Chhattisgarh

Court : Chhattisgarh

..... 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 performed and ..... (37) before parting with the record, i deem it appropriate to notice the pertinent observation made by queens bench in case of bolam ..... (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 d-1 coronary ..... high court can examine the matter in an appropriate case under its inherent powers. ..... at this stage it would be appropriate to notice the charge framed against the petitioner for offence under section 201 ipc by the trial court on 08.12.2012 as under:- language a careful perusal of the aforesaid charges would show that none of the ingredients ..... which course is more appropriate to follow, would depend on the facts and circumstances of a given ..... (21) at this stage, it would be appropriate to notice recommendations, findings and conclusions of enquiry ..... (18) at this stage, it would be appropriate to notice the relevant law on the subject, which are as under:- (18.1) in the matter of .....

Varun Steel and Another Vs. the Chhattisgarh State Power Distribution ...

Court : Chhattisgarh

..... `the regulations, 2004') was framed by the chhattisgarh state electricity regulatory commission, in exercise of the powers under clauses (a) and (c) of sub section (2) of section 1891 read with sub section (54), (6) and (7) of section 42 of the electricity act, 2003 (36 of 2003), with a sole purpose for redressal of consumer grievances including establishment of forums for redressal of grievances of consumers, for the appointment of ombudsman by the commission and the procedure to be followed for settlement of grievances by ombudsman ..... as a sequel, the writ petition is dismissed as not maintainable, reserving liberty to the petitioners to approach the appropriate statutory forum, as the petition involves disputed question of facts and the same can be settled by the forum, created under the regulations, as ..... petition, the petitioner seeks a direction to the respondents not to give any and/or further effect to impugned memo dated 23.10.2008 (annexure p/1), the impugned revised bill dated nil for the period from 16.05.2005 to 30.09.2008 (annexure p/2) and the impugned notice of disconnection dated 10.11.2008 (annexure p/3) and/or to forbid them from disconnecting the supply of electricity to the petitioner.2. ..... in the case on hand, the petitioners seek quashing of the impugned memo dated 23.10.2008 (annexure p/1), the revised bills (annexure p/2) and the notice of disconnection dated 10.11.2008 (annexure p/3), on the ground that on account of change of position, this writ petition .....

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

Court : Chhattisgarh

..... 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 ..... 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 ..... 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 ..... shri amrito das, learned counsel appearing for the respondent godawari, would refer to the provisions contained in sections 6 and 11 of the mmdr act, 1957 read with rule 59 of the mcr, 1960 to submit that the godawari having already established an iron ore based plant in the state of chhattisgarh, ..... state of karnataka and others ((2008) 4 scc 451), kalinga ..... on 30-9-2008. 5. .....

Subhro Chakravorty Vs. State of Chhattisgarh and Others

Court : Chhattisgarh

..... (4) where the application is allowed, the appropriate government shall appoint the applicant as a notary and direct his name to be entered in the register of notaries maintained by that government under section 4 of the act and issue to him a certificate on payment of prescribed fees authorizing him to practise in the area to which the application relates or in such part thereof as the appropriate government may specify in the certificate, as a notary for a period of five years from the date on which the ..... by this petition, the petitioner seeks to challenge the legality and validity of the order dated 10-10-2008 (annexure - p/1) passed by the respondent no.2 whereby the respondents no.3 to 6 have been decided to be appointed as notaries for the district headquarter, durg.3 ..... thereafter, the respondent no.2 issued the impugned order dated 10-10-2008, whereby, the respondents no.3 to 6 were appointed as notaries notwithstanding the fact that there was no recommendation in their favour by the competent authority i.e ..... 3 to 6 as notaries by the impugned order dated 10.10.2008 (annexure p-1) are quashed. ..... a list was submitted on 27.9.2008 without any recommendation. ..... in recommendation dated 6/7.8.2008, names of smt. ..... government wanted fresh scrutiny of the applications or preparation of the fresh panel on account of any grievance or complaint by the applicants, but the state government asked the district judge to send all the applications by communication dated 5.9.2008 (annexure p- 7). .....

Prakash Chandra Rai Vs. Branch Manager, the Oriental Insurance Company ...

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

..... was having a licence to drive light motor vehicles only whereas he was driving a vehicle which was being used as a taxi and thus he was required to hold an appropriate licence therefor, as he did not possess any licence to drive commercial vehicle, evidently there was a breach of condition of the contract of insurance and therefore the insurer could raise such defence. 14. ..... and insurance cover was provided for commercial vehicle and the law is clear on the subject that when one drives a commercial vehicle, then he must have appropriate licence to drive such vehicle or an endorsement in his driving licence, permitting him to drive such vehicles, which was not with the driver of the questioned vehicle, at the relevant ..... under section 2(47) of the act, therefore the decision of the district forum to the effect that the driver was having driving licence to driver light motor vehicles and was not authorized to drive transport vehicles and so repudiation of claim by the insurance company was right, has been held appropriate and the contrary decision of state commission ..... arvind kumar rajak, iii (2008) cpj 191 (nc); this ..... , appeal no.486/2008, decided on 29.09.09, has held that if a person is having licence to drive light motor vehicles only, then he is not entitled to drive a commercial vehicle or passenger carrying vehicle unless there is an endorsement ..... 268/2008, decided ..... prabhu lal, i (2008) cpj 1 (sc), in which many other previous citations on the subject were considered and it was .....

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 the complainant has ..... complainant 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 pandey. ..... 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 adjudicate upon ..... commission was right 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. ..... meantime, the 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/-. ..... it is, therefore, in any event, not an appropriate case to be heard and disposed of in a ..... in the month of september, 2008, all of a sudden, the complainant fell ill and he was required to go to mumbai for ..... indian bank i (2008) cpj 76 (nc), honble national commission has observed thus ..... , i (2008) cpj 13 (sc) = (2007) 4 scc 579, the following observations are referred to .....

indresh Kesharwani Vs. Magma Finance Corporation Limited

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

..... state commission and national commission are judicial authorities, for the purpose of section 34 of the arbitration act, in view of the object of the act and by operation of section 3 thereof, we are of the considered view that it would be appropriate that these forums created under the act are at liberty to proceed with the matters in accordance with the provisions of the act rather than relegating the parties to an arbitration proceedings pursuant to a contract entered into between the parties ..... that the act intends to relieve the consumers of the cumbersome arbitration proceedings or civil action unless the forums on their own and on the peculiar facts and circumstances of a particular case, come to the conclusion that the appropriate forum for adjudication of the disputes would be otherwise those given in the act." 15. ..... there is arrears of the 43rd and 46th monthly installments which fell due during the period from 05.09.2008 to 05.12.2008 including the insurance premium to be reimbursed by the respondent i.e. ..... therefore, be clear that the legislature intended to provide a remedy in addition to the consentient arbitration which could be enforced under the arbitration act or the civil action in a suit under the provisions of the code of civil procedure. ..... award dated 14.01.2011, the arbitrator has specifically mentioned that there is balance of the 42nd monthly installment which fell due on 05.08.2008 including the insurance premium to be reimbursed by the respondent i.e. .....

Vijay Verma Vs. Dena Bank and ors.

Court : Chhattisgarh

Reported in : AIR2008Chh54

..... further interest thereon, failing which the bank as a secured creditor shall be entitled to enforce its security interest without intervention of the court or tribunal by taking recourse to one or more of the measures under chapter-3 of the act including taking over of the possession or management of the assets charged to the bank for realizing the bank's dues.3. the petitioner in his reply had taken a preliminary objection that the bank authorities have ..... . after passing of the above order, the district magistrate vide order dated 11th february 2008 (annexure p/8) allowed the application under section 14 of the npa act of the respondents/bank and directed the concerned tehsildar to get the physical possession of the movable and immovable mortgaged property in possession of the petitioner handed over to the bank in accordance with ..... the basis of aforesaid analysis, this court is of the considered opinion that the petitioner has an alternative remedy under section 17 of the npa act to impugn the course taken by the respondent-bank in taking possession of his movable and immovable property and if the procedure adopted by the respondent-bank is not in accordance with the provisions of the npa act, then drt is entitled to restore the possession of the property to the petitioner under section 17(3) of the ..... order to appreciate the arguments advanced by learned counsel for the petitioner, it would be appropriate to consider the aims, objects and reasons for enacting the npa act.13 .....

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 ..... 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 ..... (2008) 1 scc 728, it was argued that in the above matter the state government made categoric admission that project would come under section 40 of the act, 1894 and therefore, it was held that it was mandatory to follow chapter vii procedure including .....