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Judgment Search Results Home > Cases Phrase: appropriation no 3 act 2005 Page 8 of about 39,560 results (0.074 seconds)

Jan 28 2009 (HC)

M. Revathi Vs. R. Alamelu and ors.

Court : Chennai

Reported in : AIR2009Mad86; (2009)5MLJ376

..... learned counsel for the appellant appropriately and appositely, correctly and convincingly drew the attention of this court to the recent amendment to the hindu succession (amendment) act, 2005 (39 of 2005) deleting section 23 of the act. ..... it would be a mere hyper technicality if the appellant/plaintiff is driven to the extent of filing a fresh suit invoking the said recent hindu succession (amendment) act, 2005 (39 of 2005) and in such a case, i am having no hesitation in construing that in this case the erstwhile section 23 is having no application and accordingly partition could be ordered in respect of the 1/8th ..... has been filed on various grounds, the gist and kernel of them would be to the effect that the trial court should have ordered partition as the true purport of section 23 of the hindu succession act would not be a bar for seeking partition in the facts and circumstances of the case, as part of the property was already let out to the tenants and it is not in the exclusive possession of ..... no doubt the amendment act shall have prospective effect, but practically if the matter is viewed, it is clear that as per the hindu succession (amendment) act, 2005 the plaintiff is entitled to partition of the dwelling house property also and such an amendment has come into vogue during ..... partition on the sole ground that the plaintiff being a female member cannot ask for partition of a dwelling house in the occupation of a male heir as per section 23 of the hindu succession act. .....

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Dec 02 2013 (HC)

Ram Kishan Singh Vs. Uoi and anr

Court : Delhi

..... appropriate to have a separate enactment to address the issues arising out of domestic violence and enacted the protection of women from domestic violence act, 2005 ..... legal proceedings before a civil court or a criminal court, affecting the aggrieved person and the respondent whether such proceedings are initiated before or after the commencement of this act, and further as per proviso to section 26(2) of the d.v.act, any relief referred into sub-section (1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such ..... material available on record, the issues that fall for consideration before this court are1) whether section 27(1) of the protection of women from domestic violence act 2005, is unconstitutional?.2) whether the court at delhi has jurisdiction to entertain the complaint filed by the 2nd respondent?.7. ..... the father-in-law of the 2nd respondent, has approached this court seeking two reliefs- one is to declare section 27(1) of the protection of women from domestic violence act, 2005 (for short the dv act ), as ultra vires article 21 of the constitution of india, and secondly to quash the proceedings under section 12 of the d.v.act, in complaint no.22487/2008 pending in the court of shri sanjeev kumar m.m. ..... the constitutionality of section 27(1) of the d.v.act, we deem it appropriate to discuss the circumstances that led to the ..... its entirety, the protection of women from domestic violence act 2005 has been enacted under the act. .....

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Feb 18 2014 (HC)

Present:- Mr. Pankaj Middha Advocate Vs. State Information Commission ...

Court : Punjab and Haryana

..... information act, 2005 deals with bodies which are owned, controlled or substantially financed, directly or indirectly, by funds provided by the appropriate government and also non-government organizations substantially financed, directly or indirectly, by funds provided by the appropriate government in the event of which they may fall within definition of section 2(h)(d)(i) or (ii).respectively of the rti act. ..... as only the institute/body owned, controlled or substantially financed, directly or indirectly by the appropriate government can be considered as a public authority but none of the element is there in ..... the constitution ; (b) by any other law made by parliament ; (c) by any other law made by state legislature ; (d) by notification issued or order made by the appropriate government, and includes any (i)body owned, controlled or substantially financed ; kaur gurpreet (ii)non-government organisation substantially 2014.02.25 13:04 i attest to the accuracy and integrity of this document high court, chandigarh cwp no.1140 of 2014 3 financed, directly or indirectly by funds provided by the appropriate government. . ..... as well as order dated 25.03.2013 (annexure p-9) passed by civil surgeon-cum-firs.appellate authority, whereby, the petitioner has not been supplied the requisite information applied under the right to information act, 2005. ..... that respondent no.5 is a registered statutory authority under the registration act and record of the employees is required to be maintained. .....

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Oct 31 2014 (HC)

P.Binu Sukumar Vs. the Sub Inspector of Police

Court : Kerala

..... learned counsel appearing for the wp(c).21001/14 2 third respondent also submits that though initially an order was passed by the magistrate under the protection of women from domestic violence act, 2005, on a revision filed by the petitioner, the same was remitted back to the learned magistrate and now the matter is pending before the magistrate for appropriate orders.3. ..... the third respondent has filed m.c.no.60 of 2013 against the petitioner under the protection of women from domestic violence act, 2005, which is pending before the chief judicial magistrate, thiruvananthapuram. ..... the petitioner as well as the third respondent has to obtain appropriate orders from the magistrate in the proceedings pending before the said authority.4. ..... ashok bhushan acting chief justice a.m.shaffique judge vgs4/11/14 .....

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Dec 03 2015 (HC)

Suresh Ramchandra Palande and Others Vs. The Government of Maharashtra ...

Court : Mumbai

..... i say that i will take appropriate action for relinquishing from the post of member (engineering) after consulting senior advocate and as per provision in mwrra act, 2005. ..... the regulatory authority has been established under section 3 of the maharashtra water resources regulatory authority act,2005 (for short, the said act of 2005 ?). ..... it is obvious that pecuniary interest, however small it may be in a subject-matter of the proceedings, would wholly disqualify a member from acting as a judge.but where pecuniary interest is not attributed but instead a bias is suggested, it often becomes necessary to consider whether there is a reasonable ground for assuming the possibility of a bias and whether it is likely to produce in the minds of ..... it is true that ordinarily the chief conservator of forests in a state should be considered as the most appropriate person to be in the selection board. ..... 10, out of the three members of the regulatory authority, any two members can validly conduct the proceedings of the regulatory authority and can adjudicate upon various issues as contemplated under sections 11 and 12 of the said act of 2005. ..... relevant portion of the said paragraph reads thus: it is well settled that every member of a tribunal that is called upon to try issues in judicial or quasi-judicial proceedings must be able to act judicially; and it is of the essence of judicial decisions and judicial administration that judges should be able to act impartially, objectively and without any bias. .....

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Sep 17 2009 (TRI)

Jupudi Prasad Ifs Vs. Union of India, Ministry of Environment and Fore ...

Court : Central Administrative Tribunal CAT Ernakulam

..... the applicant requested for a copy of the inquiry report through the process of right to information act 2005 but the same was refused by the authorities, vide annexure a-5 stating that the same would be given by the concerned authorities at the appropriate stage of the disciplinary proceedings. ..... of an officer who has been subjected to certain disciplinary proceedings and in whose case the recommendations of the dpc have been kept in sealed cover, in the event of his being exonerated in the proceedings, the authorities shall act on the basis of the recommendations as contained in the sealed cover and the date of promotion shall be from the date the immediate junior got his promotion and if need be by reverting such junior. ..... act, 2005. 5. ..... act, 2005. ..... inquiry entailed and the inquiry officer furnished his report as early as on 01-12-2005, rendering his finding that none of the charges stood proved. ..... proceedings, whether disciplinary or criminal, are, for example, delayed at the instance of the employee or the clearance in the disciplinary proceedings or acquittal in the criminal proceedings is with benefit of doubt or on account of non-availability of evidence due to the acts attributable to the employee etc. .....

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Feb 12 2014 (HC)

Femy Francis Vs. Julian Tom Thomas

Court : Kerala

..... taking note of the fact that the petitioner has also filed a case before the judicial first class magistrate court, tr.p.c.no.606 of 2013 3 irinjalakuda under the protection of women from domestic violence act, 2005, this court finds that it is appropriate to order transfer of o.p. ..... the petitioner also states that she has filed m.c.no.34 of 2014 before the judicial first class magistrate court, irinjalakuda under protection of women from domestic violence act, 2005 and it is posted to 22.02.2014 for the appearance of the respondent.4. .....

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Mar 25 2010 (SC)

Kunga Nima Lepcha and ors. Vs. State of Sikkim and ors.

Court : Supreme Court of India

Reported in : 2010(2)SCALE309

..... direction upon it to submit its report before this hon'ble court within a time frame fixed by this hon'ble court; (b) issuance of an appropriate writ in the nature of mandamus commanding the director, central bureau of investigation to investigate the matter against the respondent no. ..... 2, his relatives and other guilty officials and take appropriate legal action by way of registration of fir under the general provisions of law and the provisions of prevention of corruption act, 1988; (c) order for rule nisi in terms of the prayers above; (d) pass such further order(s) and/or direction(s) as this hon'ble court ..... it will also be useful to reproduce the prayer sought by the petitioners in the following words:(a) issuance of an appropriate writ in the nature of mandamus commanding the director, central bureau of investigation to investigate the awarding of government contracts and/or ..... of ordinary remedies that perhaps a proceeding can be brought before a writ court and in any case the high court of sikkim would be a far more appropriate forum for examining the allegations made in the present petition.12. ..... to accept the locus standi of the petitioners keeping in mind that allegations of corruption on part of the incumbent chief minister do touch on public interest, this court is not the appropriate forum for seeking the initiation of investigation.8. ..... by submitting that the relevant information was procured in response to applications filed under the right to information act, 2005. .....

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Mar 28 2008 (HC)

Pritam Rooj Vs. University of Calcutta and ors.

Court : Kolkata

Reported in : AIR2008Cal118

..... petitioner made a request to obtain his university answerscript in appropriate format to the state public information officer under the right to information act, 2005 (hereinafter referred to as the said act). ..... upon to answer is the right of an individual, to keep certain matters confidential on the one hand and the right of the public to be informed on the other, considering the provisions of the right to information act, 2005.in the instant case on facts we are dealing with the issue of to (sic, a) person convicted for contempt of court. ..... even been made aware of the appellate authority; he has received an unexceptional order of rejection singularly lacking in content, that does not comply with the requirements under section 7(8) of the act and, if he is left to work out his alternative remedy, he will, more likely than not, be doomed to fail by reason of the central information commission order holding the field. ..... act, 2005.dear sir,in response to your above application i am to inform you that it has been decided that henceforth no inspection of any answer script of any examination conducted by the university shall be allowed to any applicant under the right to information act, 2005.thus we cannot entertain your application and the same is rejected.thanking you,yours faithfully ..... some importance, that is raised in the present petition under article 226 of the constitution is whether an examinee has access to his evaluated answerscript under the right to information act, 2005.2. .....

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Sep 28 2011 (SC)

Bedanga Talukdar. Vs. Saifudaullah Khan, and ors.

Court : Supreme Court of India

..... respondent no.1 made an application under the provisions of right to information act, 2005 before the appropriate authority seeking the details of the marks scored by him as well as the details of the marks obtained by other physically handicapped candidates ..... after receiving the identity card the matter was placed before the full commission to decide whether the commission can act on an essential document not submitted earlier as per terms of advertisement but submitted after completion of entire process ..... for the purpose of clarification, we deem it appropriate to add that while considering the case of the petitioner the acceptability, veracity or otherwise of the contents of the identity card and the effect of the said contents, if found to be acceptable, would be ..... the category of persons with locomotor disability upto 50% were required to send a certificate of locomotor disability from the appropriate authority. ..... result, the employer must be conferred a wide discretion to act in relaxation of the rigour of the terms of an ..... submission of the identity card having been already answered by the court and directions having been issued to take into account the same, the public service commission could not have acted in the manner it has done. ..... categories such as obc/mobc, sc, st(p) and st(h), but there was no reservation in favour of the disabled candidates as required under the persons with disabilities [equal opportunities, protection of rights and full participation], act,1995. 5. .....

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