Judgment Search Results Home > Cases Phrase: appropriation act 2008 Page 100 of about 385,812 results (0.224 seconds)

Kumaradasan Nair J. and anr. Vs. Iric Sohan and ors.

Court : Kerala

Reported in : 2009(2)KLJ707

..... leave was granted by the apex court and the appeal preferred against the order was allowed setting aside the order dated 13.11.2008 previously passed in the revision and the matter was remitted to this court for consideration on merits. ..... disposed without prejudice to the rights of the appellant for appropriate relief by way of revision or otherwise, if so advised ..... , the judgment debtor moved an application before the land tribunal claiming the benefits under the land reforms act over the property covered by the decree in which the owner of the property was shown as ..... in this context, it is appropriate to take note of the law laid down by the apex court in pentapati china venkanna ..... to such an exclusion under the provisions under section 14 of the limitation act was the view taken by this court in the above decision. ..... dated 13.11.08 dismissed the delay petition holding that section 14 of the limitation act has no application, consequently, the revision was also dismissed. ..... that appeal was disposed of by judgment dated 13.6.2008 holding that the appellate court was not correct in entering into the merit of the matter when the appeal ..... 923, the question involved was whether the decree holder was entitled to claim execution of the time during which the judgment debtor claimed the relief under the debt relief act, by filing a petition under that, act with the provisions thereof making the payment irrecoverable for certain period under the provisions of section 14 of the limitation act. .....

Jane Antony and ors. Vs. V.M. Siyath and ors.

Court : Kerala

Reported in : 2009ACJ2272

..... the right to such measures of protection as required by his status as a minor, on the part of his family, society and the state.convention on the rights of the child:article 2 (2) states that parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions...18. ..... acj 561 (sc), held that a wide meaning should be given to the words 'legal representative' referred to in section 166 of the act and in appropriate cases even foster children will be covered by the term 'legal representative'. ..... in england also, social reforms were introduced to supplement or improve upon the matrimonial causes act by enacting family law reform act, 1969 and also the family law reform act, 1987 to confer limited right of succession to the illegitimate children in the property of their parents or allowing the parents to succeed to the property of ..... the decree, and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.section 18 read with section 19 of the divorce act confer jurisdiction upon the court to declare a marriage null and void for the reasons stated therein. ..... baby john : 2008 acj 2575 (kerala), held that the claim petition under section 166 of the motor vehicles act, 1988 (hereinafter referred to as 'the act') is maintainable only when it is filed by ..... bai : (2008) 2 scc .....

Smt. Ayishumma and ors. Vs. T. Hassan and ors.

Court : Kerala

Reported in : AIR2010Ker13

..... possession of secured asset - (1) where the possession of any secured assets is required to be taken by the secured creditor or if any of the secured assets is required to be sold or transferred by the secured creditor under the provisions of this act, the secured creditor may, for the purpose of taking possession or control of any such secured asset, request, in writing, the chief metropolitan magistrate or the district magistrate within whose jurisdiction any such secured asset ..... a matter which is to be looked into by the appropriate forum under the act and not by the. ..... for the petitioners submits that, the said provision is not liable to be invoked, for the plain reason that the property concerned is an 'agricultural land'; being excluded by virtue of section 31(i) of the act, which aspect ought to have been considered by the learned chief judicial magistrate, before passing the orders under section 14.5a. ..... p7 and p8 proceedings, in connection with the application preferred under section 14 of the sarfaesi act, before the chief judicial magistrate, manjeri, whereby an advocate com- , missioner has been appointed to take over possession of the secured asset, pursuant to the application filed by the bank ..... state of kerala : 2008 (2) klt 736 : air 2008 ker 65 and muhammed ..... union of india 2008 (3) klt 1 : air 2009 ..... 29 of 2008, wherein interference was declined, however permitting the parties including the firm to discharge the liability within 3 months from 21.4.2008 as borne by .....

Branch Manager, Tata Aig General Insurance Co. Ltd. and the Manager (C ...

Court : Jharkhand

..... adalat should remain slow in deciding the dispute, on merits, unless the parties are made aware of the fact that to the proceedings of the permanent lok adalat, the provisions of indian evidence act, 1872 and the provisions of the code of criminal procedure, 1908 are not applicable and the order, passed by the permanent lok adalat is not an appellable order, as per the provisions ..... civil procedure and the provisions of indian evidence act and also that there shall be no appeal against the award, passed by the permanent lok adalat, and even after this awareness, if both the parties give consent that permanent lok adalat ..... before the permanent lok adalat for settlement of the dispute and, therefore, permanent lok adalat ought to follow, as stated hereinabove, the procedure and the requirement of sub-section (7) of section 22-c of the act, 1987, and if no settlement is arrived at, then again, option should be given to the parties to the dispute, after make them aware of the non-applicability of the provisions of the code of ..... to approach the appropriate court or forum ..... permanent lok adalat has also been denied and, therefore, in view of the aforesaid decisions and looking to the provisions of the legal services authority act, 1987, the impugned order, passed by the permanent lok adalat jamshedpur, dated 2nd january, 2008 in permanent lok adalat case no. .....

Chandrashekhar Chintaman Vaidya Vs. National Organic Chemical Industri ...

Court : Mumbai

Reported in : 2010(3)MhLj434

..... in this background, it would be useful for this court to seek appropriate guidance from the provisions of evidence act as to the basic test of proof, disproof, burden of proof and duty to prove special knowledge, as is found by this court in following reported judgments ..... scc 293.proposition:occasional entrustment of supervisory, managerial or administrative work will not take a person mainly discharging clerical duties out of purview of section 2(s) of the industrial disputes act.on facts of the case, hon'ble supreme court had interfered with the judgment of high court where the judgment was rendered without dealing with the crux of the matter involved ..... complainant had filed a complaint before labour court under section 28 read item 1 of scheduled iv of the maharashtra recognition of trade unions & prevention of unfair labour practices act, 1971, against alleged illegal termination by order dated 14th april, 2003, which was in the nature of dismissal on account of misconduct.the appellant is hereinafter referred to ..... the learned judge of the labour court by judgment and order dated 2nd august, 2008 held that the complainant was not a workman and hence dismissed the complaint.the labour court did not address on other ..... court was maintained by the industrial court by its judgment and order dated 26th june, 2008 in revision [ulp] no. ..... : 2008 (4) ..... 2008 ..... 2008 i clr 656.proposition:onus to prove that the claimant is a workman and to prove the test to satisfy all essential ingredients lies on .....

M/S.Sathya Foundations Private, and ors. Vs. Indbank Housing Limited, ...

Court : Chennai

..... both these provisions of law would make it clear that the government of india has been vested with unfettered powers to notify any institution or non-banking financial company as a 'financial institution' for the purposes of the sarfaesi act, by notification in the official gazette, which has been properly exercised by the government of india in the case on hand solely with a view to protect the interest of a subsidiary of a national bank, by relaxing the criteria of tier-i ..... . but, the reserve bank of india, who is the regulator of the banking system in the country and in fact, a banker to banks, considering the fact that the object of enacting sarfaesi act was to enable banks and financial institutions to realize long-term assets, manage problems of liquidity, asset liability mismatches and improve recovery by exercising powers to take possession of securities, sell them and ..... the first instance, the matter was listed before a learned single judge and the matter was also admitted by the order dated 25.4.2008, another learned single judge, by the order dated 10.6.2009, has directed the matter to be posted before the appropriate division bench, since being a matter falling under sarfaesi act ..... in pursuance of the said liberty, the said dr.sathyanarayanan also filed an appeal under section 17(2) of the sarfaesi act before the drt-ii, chennai in s.a.no.64 of 2008, challenging the auction sale conducted by the first respondent on 10.11.2007 pursuant to the auction sale notice dated .....

Descon Limited Vs. Biman Behari Sen and ors.

Court : Kolkata

..... learned senior counsel for the respondents has shown from the balancesheet of the appellant for the year ending 31st march, 2008, that the share capital of the company was a little over 40 lakhs; its reserves and surplus about 14.50 crores ..... they filed an application under section 397 and 398 of the companies act 1956 (the act), before the board alleging wrongful control of the company by the majority shareholders causing loss to it and being prejudicial and oppressive to ..... once the company law board takes cognizance of this kind of a wrongful act, it is empowered under section 402 of the act to pass a variety of orders in the interests of the company, its members, creditors and ..... or persons, so much so that decisions are taken prejudicial to the shareholders as a whole or any minority group of shareholders or against the interest of the company, are shareholders permitted to approach the court to redress the wrong by passing appropriate orders. ..... meanwhile, in 2009, this application under section 397, 398 of the act was filed by the respondents before the company law board which was marked ..... the body of shareholders and the board of directors act in their respective fields but the overall and ultimate control is exercised by the general body ..... made to the balancesheet of the appellant company as on 31st march, 2008 to show that it was a profit making enterprise. ..... be taken only by this general body of shareholders in a meeting or acting together without such meeting in some circumstances. .....

M/S. Indo American Electricals Ltd. Vs. Gopa Sinha and ors.

Court : Kolkata Appellate

..... in filing the application under section 7(1) of the act appears to be because of the contention that the petitioner being a company is a layman and its advocate did not render appropriate legal advice though the company is contesting the suit. ..... company it had to depend on the advice of the legal expert and since proper advice was not tendered, it could not take appropriate steps under section 7(1) of the said act within 30 days from the date of appearance. ..... on the part of the petitioner in taking appropriate steps under section 7(1) of the act at the appropriate time, i am of the view that the learned trial judge was justified in rejecting the application under section 5 of the limitation act. ..... decisions cited by the parties and in consideration of the materials on record for practical purposes for disposal of this application, i hold that in appropriate situations, court may condone the delay in filing an application under section 7(1) of the said act when a tenant is able to justify for not taking steps in accordance with the provisions of the section 7(1) of the said act. ..... while an objection is filed against the said petition contending such a stand, the petitioner filed an application under section 7(1) of the said act praying for deposit of arrears of rent from may, 2003 to february, 2008 amounting to rs.1,62,690/- at a time after condoning the delay. ..... praying for instalment it is willing to make deposit all the arrears of rent from may, 2003 till february, 2008 at a time. .....

M/S. J.B. Textile Industries Pvt. Ltd. Vs. the General Manager, Centra ...

Court : Delhi

..... of the decision of the judgment is, if any party were to join an issue as to whether or not the measures under section 13(4) of the sarfaesi act have been correctly taken then, the appropriate forum would be that which is provided under the sarfaesi act or the high court which is vested with jurisdiction to deal with such like matters under article 226 of the constitution of india. 15. ..... the challenge laid by the petitioner before the aaifr was to the order of the bifr dated 14.10.2008 whereby the bifr had abated the reference pending against the petitioner company in accordance with the 3rd proviso to section 15 (1) of the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as the sica) on the ground that the cbi had already taken action under section 13 (4) of the securitization and reconstruction of ..... the say of the petitioner that the proceedings under the sarfaesi act had not attained finality as the same had been stayed by an order of the drt dated 18.11.2008 and thus the action for abatement was premature. ..... aaifr and others air 2008 delhi 1992 has held that the issue, as to whether the measures taken under section 13(4) of the sarfaesi act have been rightly taken by the secured creditors, can only be determined in consonance with the provisions of the sarfaesi act or by a writ court while exercising jurisdiction under article 226 of the constitution of india, the said principle has been whittled down by the supreme court in the appeal .....

C.Ram Prakash and anr. Vs. Power Grid Corporation of India Ltd. and or ...

Court : Chennai

..... of the electricity act, 2003 prescribes that the appropriate government by order in writing may provide for the placing of electric lines or electrical plants for the transmission of electricity confer upon the 'licensee' any of the powers which the telegraph authority possesses under the indian telegraph act, 1885. ..... case you must look to the subject-matter, consider the importance of the provision and the relation of that provision to the general object intended to be secured by the act, and upon a review of the case in that aspect decide whether the enactment is what is called imperative or only directory. 20. ..... no doubt in april, 1978 the appellant gave notice to the telegraph authority under sections 17 and 19a of the act and may be that the telephone connections in may, 1978 can be treated as the ones objected to but then sections 17 and 19a have ..... of this court was dealing with a conscious omission made by the legislature touching upon article 21 of the constitution of india, whereas considering the object behind the indian telegraph act and the electricity act, 2003, and in view of the power available under section 10 of the indian telegraph act, 1885 the respondent no.1 has got every jurisdiction to erect the towers. 25. ..... was conducted in respect of the project in the year 2008 followed by the check survey works during 2009. ..... 2008. ..... (india) limited and two others in writ appeal no.464 of 2008. ..... - (2008) 4 ..... - (2008) 4 ..... of india limited and 3 others in w.p.no.4000 of 2008. .....