Court : Supreme Court of India
Reported in : 2007(1)AWC8(SC); 2007(2)CTC830; [2007(2)JCR284(SC)]; 2006(11)SCALE71; (2006)10SCC696; 2006(3)ShimLC382; 2006(2)LC1432(SC)
..... jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of this act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or ..... by the board for which it had no jurisdiction whatsoever, its order would be 'coram non judice'. [see kiran singh v. chaman paswan : [1955]1scr117 and md, army welfare housing organisation v. sumangal services (p) ltd. : air2004sc1344 ] unfortunately, the attention of the tribunal or the high court was not drawn to this aspect of the matter ..... , to be temporary members of the board for exercising its powers under this clause; 17. the tribunal had been constituted for the purposes mentioned in section 83 of the 1995 act. it is an adjudicatory body. its decision is final and binding but then it could not usurp the jurisdiction of the board. our attention has .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(10)SCALE499; (2006)10SCC621; 2007(2)SLJ218(SC)
..... observed:.the courts should approach such matters with restraint and interfere only when they are satisfied that the decision of the government is patently irrational, unjust and prejudicial to a section of employees and the government while taking the decision has ignored factors which are material and relevant for a decision in the matter. even in a case where the court ..... which one of us, s. saghir ahmad, j., was a party. in that case the tribunal had granted parity of treatment to draftsmen working in ordnance factories as well as army base workshops in eme so far as rise in their pay scales on the same lines as the hike given to their counterparts in cpwd by the government memorandum dated .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2006(9)SC111; 2006(10)SCALE271; (2006)8SCC487; 2006(2)LC1375(SC)
..... new executive board and office- bearers is to be held in accordance with the rules framed or to be framed under clause (r) of sub-section (2) of section 39 of the act.(iii) the agenda papers for the annual general meetings shall be circulated by the general secretary with approval of the executive board at least 8 days ..... executive board. in view of the nature of the dispute raised the proper remedy for the petitioner was to file an election petition as provided in section 31 of the act where parties could have got opportunity to lead oral evidence. no exceptional or extraordinary circumstances were disclosed which could justify recourse to the extraordinary remedy under ..... .12.2005. the writ petition was not maintainable on the ground that the petitioner had an alternative remedy of filing an election petition as provided in section 31 of the act. it was further pleaded that the office bearers of the newly elected executive board, who have been functioning since 19.12.2005, having not been .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC641; JT2006(9)SC178; 2006(10)SCALE288; 2007(2)SLJ23(SC)
..... pay-scale of rs. 1200-1850/- and when that was done and the state accepted the said decision and paid mewa singh, the plaintiff issued a notice under section 80 of the code of civil procedure and that notice not having been responded to by the defendants, he was filing the suit. it is appropriate to refer to ..... governed by article 58 of the limitation act, 1963. { see for instance, mohd. quaramuddin (dead) by lrs. v. state of a.p. : (1994)5scc118 , vasant ramchandara deshpande v. state of maharashtra and ors. : (1997)11scc305 , ..... , a decision rendered by seven hon'ble judges, has clearly held in suits relating to service matters, that 'yet, suits out side the purview of the administrative tribunals act shall continue to be governed by article 58'. in a series of subsequent decisions, this court has held that a suit for declaration in matters relating to a service is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 133(2006)DLT605(SC); 2006(10)SCALE246; (2006)10SCC490
..... is, therefore, necessary that the development in the city should have environmental clearance. we, therefore, direct the central government to constitute an authority under section 3(3) of the act and confer on the said authority all the powers necessary to deal with the environmental protection issue arising out of the project in hand or any other ..... environment impact assessment of the area has to be done by the experts. we are of the view that the authority contemplated by section 3(3) of the environment (protection) act, 1986 ('the act') can be the only appropriate authority to look into the environment protection side of the present project or any other project which the ..... and environment protection to be appointed by the central government. the central government shall confer on the said authority the powers to issue directions under section 5 of the act and for taking measures with respect to the matters referred to in clauses (i), (iii), (iv), (vi), (viii), (ix), (x) and (xii) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2006(111)FLR841]; JT2006(12)SC205; 2006(9)SCALE459; (2006)7SCC680; 2007(2)SLJ210(SC)
..... that the principle recognized therein should be applied to teachers like the appellants as well. learned counsel conceded that there was no provision corresponding to section 10 of the delhi school education act, 1973 in the bengal act. but the submission was that the appellants were approved teachers and they were also doing the same work as teachers of government schools and aided ..... third pay commission with effect from 1.1.1988 retrospectively, that the teachers went to court. we asked learned senior counsel for the appellants as to whether there was any act, statutory rule or even government order directing private unaided educational institutions to implement the recommendations of the third pay commission especially in the context of the fact that the salaries .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3244; [2006(111)FLR420]; JT2006(12)SC85; 2006(9)SCALE395; (2006)10SCC220; 2007(3)SLJ341(SC); 2006(2)LC1225(SC)
..... the army act and his contention has been that the provisions of the national cadet corps act, 1948, the rules framed thereunder and the letter dated 23.05.80 in pursuance of which the respondents were granted permanent commission, settled the question. the corps has been established under section 3 of the n.c.c. act. section 9 of the act ..... conditions categorically laid down thereunder, without any demur. secondly, it was never the case of the respondent that he was appointed under the act, more particularly under section 9 of the act. thirdly, section 9 provides for appointment of officers in or any unit of the corps either from amongst the members of the staff of any university ..... that the respondent was not a member of the corps. it is also clear that his appointment was not made in terms of the provision of section 9 of the act. fourthly, the office memorandum and the scheme, under which the respondent was appointed was never challenged by him. fifthly, the respondent has accepted the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3248; 2006CriLJ4618; II(2006)DMC500SC; [2007(1)JCR313(SC)]; JT2006(12)SC55; 2006(II)OLR(SC)742; 2006(9)SCALE378
..... police station and on the basis case was registered and investigation was undertaken. the offences indicated were under sections 498a, 304b read with section 34 of the indian penal code, 1860 (in short the 'ipc') and section 4 of the dowry prohibition act, (in short 'the act') respondent no. 2-bimal was arrested on 3.10.2005. rest of the accused persons were found to ..... devi (mother-in-law), sunil (brother-in-law) the respondent no. 2 in the connected appeal under sections 498a, 304b, 302, 406 read with section 34 ipc and section 4 of the d.p. act. the prosecution made a further prayer to permit investigation in terms of section 173(8) cr.p.c. since some of the accused persons were still absconding and were not .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3403; [2007(1)JCR335(SC)]; JT2006(12)SC508; 2007(1)OLR(SC)95; 2006(9)SCALE384
..... maharashtra : 2005crilj2533 , he submitted that even if all allegations against the appellant were accepted, his case would fall only tinder section 24 and not section 3(2) of the mcoc act and the maximum sentence under section 24 is three years and the appellant has already been in prison for 2 years and 9 months and therefore deserved to be ..... as we are concerned with only grant of bail, it is not necessary at this stage to examine or decide upon the relative scope of sections 3(2) and 24 of the mcoc act as to in what circumstances, the action of a public servant will be considered as 'rendering any help or support in the commission of ..... police had received some information about his involvement while intercepting messages.11. the learned counsel for respondents submitted that the activities of appellant would fall under section 3(2) of mcoc act, which is punishable with imprisonment which may extend to life. he also drew our attention to the observation of the high court that prima facie .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2007)1CompLJ69(SC); 2006(2)CTLJ130(SC); (2006)4MLJ1224(SC); 2006(8)SCALE477; (2006)7SCC756
..... mandatory, such contract was to be warranted by the terms of the incorporation. the words 'ratified and adopted' have been dropped from the main section and in section 19 of the 1963 act, a proviso has been added that the company has accepted the contract and communicated such acceptance to the other party of the contract. an express ..... or intended to be occupied as a separate dwelling, and(b) any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it [housing act, 1996 (c. 52 1996), section 6b(1)]in 'word and phrases, permanent edition, volume 19a, it is stated:the word 'building' necessarily embraces the foundation on which it rests; and ..... . the said provision is subject to the proviso that the company should accept the said transaction. in the instant case, indisputably it was done. section 19(e) of the act provides for grant of a decree of specific performance of a contract against a company when the promoters of a company before incorporation entered into a .....
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