Judgment Search Results Home > Cases Phrase: appropriation act 2008 Court: uttaranchal Page 1 of about 590 results (0.032 seconds)

Smt. Ramesho Devi Kashyap Vs. State of Uttarakhand and anr.

Court : Uttaranchal

Reported in : AIR2009Utr41

..... or which may suffer from any ulterior motive and may be in some cases, based on non-existing facts.this court does not disagree with the observations of the division bench of the allahabad high court (2008) 6 all lj (doc) (all) 101 and has no hesitation in saying that an elected adhyaksha of zila panchayat has a statutory right to exercise his functions and discharge his duties for which he ..... was directed to pass the appropriate orders as per the provisions contained in section 29 of the uttar pradesh kshettra panchayats and zila panchayats act, 1961 (copy of said order dated 4-4-2008 is annexure-17 to the writ ..... enquiry report submitted by the district magistrate, this court does not find any illegality on the part of the state government in issuing the two orders dated 28-4-2008, whereby the petitioner was divested of administrative and financial powers, and commissioner, garhwal division, was appointed to hold the final enquiry.12. ..... report and finding on this point is very serious in nature and it cannot be said that the state government has acted illegally in divesting the petitioner of her financial and administrative powers, and in nominating the commissioner, garhwal division to hold ..... it is only after considering said report that the state government through the impugned orders dated 28-4-2008, divested the petitioner of her administrative and financial powers by appointing a three member committee and by a separate order nominated commissioner, garhwal division, pauri, as .....

Uttarakhand Shramjivi Patrakar Union Vs. Labour Commissioner/Registrar ...

Court : Uttaranchal

..... the registrar is satisfied that the certificate has been obtained by fraud or mistake or that the trade union has ceased to exist or has willfully and after notice from the registrar contravened any provision of this act or allowed any rule to continue in force which is inconsistent with any such provision or has rescinded any rule providing for any matter provision for which is required by section 6: provided that not less than ..... union though vide its order dated 10.12.2008 has rejected the application of the petitioner on the grounds that since the trade union has already been registered the only remedy to the petitioner to file an appeal under section 11 of the act before the appropriate authority. 2. ..... a presidency town to the high court, or (b) where the head office is situated in any other area, to such court, not inferior to the court of an additional or assistant judge of a principal civil court of original jurisdiction, as the [appropriate government] may appoint in this behalf for that area. ..... the powers of the registrar trade union further vested under section 10 of the act which has already been referred above in which after giving due notice to the parties, if he can cancel the registration of a trade union if such a registration has been obtained inter ..... each other and, therefore, the petitioner moved an application before the registrar trade union under section 7 of the trade unions act, 1926 (hereinafter referred to as the act ) for cancellation of the trade union i.e. .....

Smt. Neelam Kumari and anr. Vs. U.P. Financial Corporation

Court : Uttaranchal

Reported in : AIR2009Utr5

..... the observations made in this judgment, it is held that the suit, in the present form without any application under section 5 limitation act, is maintainable but subject to the fact of the plaintiff having acquired the knowledge in the year 2006 being proved by the plaintiff. ..... light of the aforesaid observations, it is ordered that an explanation be called from the presiding officer of the learned trial court, which shall be put up on the administrative side for appropriate action. ..... irrespective of the fact that section 5 limitation act is not applicable to suit, as far as the law of limitation is concerned, if a matter, on the own showing of the party filing the matter in the court, is time-barred, a right accrues in favour of the opposite party in that matter ..... application under section 5 of the limitation act is hereby rejected as being not maintainable ..... article 58 of the schedule to the limitation act, which admittedly is the relevant article applicable to this case, prescribes a period of three years for obtaining ..... trial court ought to have known that section 5 limitation act is not applicable to suits. ..... of the limitation act, 1963 reads thus ..... through their counsel, are directed to appear in the trial court on 12th august, 2008. ..... very peculiar case, where the respondent/plaintiff, by itself and through its counsel, as well as the learned court below have exhibited and demonstrated their total ignorance of law as far as the applicability of section 5 limitation act is concerned. .....

Union of India (Uoi) Vs. District Judge and ors.

Court : Uttaranchal

Reported in : 2006(1)AWC726(UHC)

..... urban buildings (regulation of letting, rent and eviction) act, 1972, excludes the buildings appropriated by the central government on lease, by adding clause (cc) after clause (c) in section 2 of the ..... no whisper either in annexure-i (copy of notice dated 14.10.1991), or in annexure ii (copy of plaint), or in annexure iii (copy of written statement) that the building in question was appropriated under the cantonments (house of accommodation) act, 1923. ..... under :any building within cantonment which is, or may be appropriated by central government on lease under the cantonments (house of accommodation) act, 1923'. ..... urban buildings (regulation of letting, rent and eviction) act, 1972, are applicable to the premises in question but the ..... 1.9.1973 issued by government of india under section 3 of the cantonments (extension of rent control laws) act, 1957, while making applicable provisions of the u. p. ..... (regulation of letting, rent and eviction) act, 1972 was applicable to the building in question ..... ejectment of defendant/petitioner after serving notice issued under section 106 of the transfer of properties act, 1882, and determining the lease. ..... a notice under section 80 of the code of civil procedure, 1908 read with section 106 of the transfer of property act, 1882, which was suitably replied. ..... further committed illegality in decreeing the suit and confirming it treating the tenancy determined by notice issued under section 106 of the transfer of property act, 1882 as the provisions of the u. p. .....

Dr. Himanshu S. Jha Vs. the Chancellor, Kumaun University and Others

Court : Uttaranchal

..... however, while considering the matter, we felt that the state government has not discharged some of its obligations pertaining to the matter in question and accordingly, it would be appropriate, on our part, to direct the state government to discharge its such part of the obligations and accordingly, we make the state government, through the secretary, higher education department ..... state government is, therefore, required to incorporate various provisions contained in the said scheme appropriately in the statute as well as in the act, so as to make the scheme available to the beneficiaries thereof in accordance with law ..... thereupon approached the chancellor on 22 nd december, 2007 to highlight the said decision of the executive council and thereafter on 1 st january, 2008 the respondent no.5 once again moved the chancellor contending that the decision of the executive council dated 31 st october, 2007 needs to be considered ..... in the event, fresh selection takes place and the respondent no.5 is selected, by virtue of the said order of the chancellor dated 29 th september, 2008, she will get the benefit of her selection from the date she became eligible and accordingly, she would become senior in all respect to the petitioner and hence ..... the chancellor by his order dated 29 th september, 2008 directed holding of fresh selection of the respondent no.5 with a rider that, in the event, during such selection, she is selected, she will be entitled to the benefit of her such selection from .....

Rajeev Gupta Vs. Union of India (Uoi) and ors.

Court : Uttaranchal

Reported in : AIR2007Utr69

..... the present election petition should be dismissed under sub-section (1) of section 86 for non-compliance of the provisions of section 81 of the representation of the people act, 1951 (for short the act), part vi of the act deals with election, chapter ii provides presentation of election petitions to the high court while chapter iii deals with trial of election petitions. ..... shall dismiss an election petition which does not comply with the provisions of section 81 or section 82 or section 117.explanation appended to sub-section (1) of section 86 of the act provides that an order of the high court dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of section 98.10. ..... house of the legislature of a state shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate legislature.section 80 of the act provides as under:80. ..... and even today none is present before the court when the election petition is listed before me and as there is non-compliance of section 117 of the act, therefore, there is no option before this court but to dismiss the election petition at the threshold.17. ..... thus, in view of the above facts and circumstances, it is clear that under section 81(1) of the act, an election petition calling in question any election has to be presented by any candidate himself and under rule 3 of the high court rules, the same .....

Dr. Chitra Agarwal Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Reported in : AIR2006Utr78

..... , a genetic laboratory or a genetic clinic or is employed in such a centre, laboratory or clinic and renders his professional or technical services to or at such a centre, laboratory or clinic, whether on an honorary basis or otherwise, and who contravenes any of the provisions of the act or the rules made thereunder shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to ten thousand rupees and on any subsequent conviction, with imprisonment ..... hence, the writ petition is disposed of with a direction to the second respondent to consider annexure 4 appeal filed by the petitioner and to take an appropriate decision in accordance with law as early as possible and at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. ..... as per annexure 1 order dated 23-2-2005, the registration was suspended under section 20(3) of the pndt act by the chief medical officer, dehradun who is the appropriate authority at the district level. ..... since the second respondent failed to discharge its statutory function, the said respondent is liable to be directed by this court to consider and pass appropriate orders on annexure 4 appeal without any further delay. ..... the petitioner rightly submitted the appeal to the appropriate authority at the state level (second respondent in the writ petition). .....

Naresh Kumar Alias Billu Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Reported in : (2006)IILLJ509UC

..... however, in the aforesaid judgment, the apex court has observed that law does not prescribe any time limit for the appropriate government to exercise its powers under section 10 of the act, this power can be exercised at any point of time but it cannot be availed in order to revive the matter which had since ..... 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 ..... in a case where the delay is shown to be existing, the tribunal, labour court or board, dealing with the case can be 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 ..... however, it went on further to say that 'reasonable time in the cases of labour for demand of reference or dispute by appropriate government to labour tribunal will be five year after which the government can refuse to make a reference on the ground of delay and laches if there is no explanation ..... of delhi manu/sc/0313/2002 : (2002)iillj275sc , the apex court has observed that the appropriate government is precluded from considering even prima facie the merits of the dispute when it decided the question as to whether its power to make a reference should be exercised under section 10(1) read with section 12(5) of the act. .....

M/S. Skoda Auto India Pvt. Ltd. and Others Vs. Bhawesh Narula

Court : Uttaranchal State Consumer Disputes Redressal Commission SCDRC Dehradun

..... 1 filed written statement before the district forum and pleaded that the vehicle needs to be sent to appropriate laboratory for analysis as per the provisions of section 13(1)(c) of the consumer protection act, 1986; that the vehicle is not lying in unrepaired condition; that on examination of the vehicle, it was found that the problem of pick-up occurred because of use of adulterated fuel and on account thereof, the piston injector was ..... so far as the plea of the opposite parties regarding sending the vehicle to appropriate laboratory for analysis as per the provisions of section 13(1)(c) of the consumer protection act, 1986 is concerned, we do not find any force in the same. ..... and another; i (2012) cpj 213 (nc), has held that admission on behalf of the opposite parties that defects in tractor were removed shows that there were defects in tractor and, therefore, the provisions of section 13 of the act would not be applicable and that as there were manufacturing defects in the tractor, the manufacturer and dealer, both are liable. ..... therefore, the opposite parties can not take any benefit of the provision of section 13(1)(c) of the consumer protection act, 1986 and the plea to that effect taken by the opposite parties, was rightly turn down by the district forum. 10 ..... , the perusal of the impugned order of the district forum shows that the opposite parties did not move any application before the district forum for getting the vehicle tested / examined from an appropriate laboratory. .....

Tehri Hydro Development Corporation Ltd., thro' G.M. Vs. Presiding Off ...

Court : Uttaranchal

Reported in : (2005)ILLJ493UC

..... if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this act, be decided by such labour court as may be specified in this behalf by the appropriate government [within a period not exceeding three months].[provided that where the presiding officer of a labour court considers it necessary or expedient so to do, he may, for reasons to be recorded in writing, extend ..... person authorized by him in writing in this behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate government for the recovery of the money due to him, and if the appropriate government is satisfied that any money is so due, it shall issue certificate for that amount to the collector who shall proceed to recover the same in the same manner as an arrear of land ..... scc 150 but the same does not help the respondents, for, in the case of fabril gasosa, the recovery certificate was issued by the labour commissioner and the same was found to be in accordance of industrial disputes act, 1947 while in the present case the respondents failed to show me the award / the settlement or agreement whereby the thdc had agreed to pay the pay scales of the corporation to the employees who were .....