Judgment Search Results Home > Cases Phrase: chandigarh delegation of powers act 1987 Page 11 of about 236 results (0.087 seconds)

Haryana Seeds Development Corporation Ltd. and ors. Vs. J.K. Aggarwal

Court : Punjab and Haryana

Reported in : [1989]65CompCas95(P& H)

..... the delegation of powers to the managing director is provided in article 89(c) which is to the following effect, ' the board may from time to time entrust to and confer on the managing director or a general manager or managers or fa & cao for the time being such of the powers as they may think fit and may confer such powers for such time and to be exercised for such objects and purposes and upon such terms and ..... officer' includes any director, managing agent, secretaries and treasurers, manager or secretary, or any person in accordance with whose directions or instructions the board of directors or any one or more of the directors is or are accustomed to act, and also includes-- (a) where the managing agent or the secretaries and treasurers is or are a firm, any partner in the firm ;(b) where the managing agent or the secretaries and treasurers is or are a body corporate, ..... learned counsel for the appellant contended that the appointmentwas made by the managing director of the corporation as underarticle 89(c) the board has conferred powers on the managing director,vide annexure r-7, such of the powers as they may think fit and confersuch powers for such time and to be exercised for such objects andpurposes and upon such terms and conditions and with such restrictionsas they may think ..... appointed as company secretary in the haryana seeds development corporation limited, chandigarh (hereinafter referred to as ' the corporation '), on september 4, ..... company secretary at chandigarh. .....

Simarjet Kaur Vs. Chandigarh Administration Through Its Administrator

Court : Punjab and Haryana

Reported in : (1999)122PLR609

..... argument of shri punchhi that the landlord cannot be penalised for the unlawful action of the tenants deserves to be rejected for the following reasons:-(i) the chandigarh administration had transferred the site to the purchaser subject to the condition that the same will be used only for residential purposes. ..... neither the finding recorded by the assistant estate officer that there had been a breach of condition of sale nor the order of resumption passed by him, in exercise of the power vested in him under section 8-a of the act as a delegate of the competent authority, can be termed as erroneous. ..... 17 of 1973 (hereinafter referred to as the act') for resumption of the site were initiated by the assistant estate officer, exercising the powers of the estate officer, union territory, chandigarh on the ground of breach of the conditions of ..... resumption of the site on the ground of mis-use or breach of the conditions of sale are not mandatory and, therefore, the petitioners should not be burdened with the liability of seeking re-transfer under rule 11-d of the chandigarh (sale of sites and building) rules, 1960 (hereinafter referred to as 'the rule'). ..... assistant estate officer ordered the resumption of the site on 7.12.1987 on the ground of will-full default. ..... in the notice dated 9.11.1987 issued by the assistant estate officer, it was mentioned that the premises were not being used for residential purpose in accordance with the terms of conveyance deed/allotment letter but was being used .....

Sadhu Singh (Deceased) and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1979SC1609; 1980Supp(1)SCC787; [1979]3SCR1279

..... rule 14 of the central rules of 1950 as under:(6) notwithstanding anything contained in this rule, the custodian of evacuee property in each of the states of punjab and patiala and east punjab states union shall not exercise the power of cancelling any allotment of rural evacuee property on a quasi-permanent basis, or varying the terms of any such allotment, except in the following circumstances:(i) where the allotment was made although the allottee owned no agricultural land ..... scheme of allotment of land prevailing at the time of allotment; (iii) where the allotment is to be cancelled or varied-(a) in accordance with an order made by a competent authority under section 8 of the east punjab refugees (registration of land claims) act, 1948; (b) on account of the failure of the allottee to take possession of the allotted evacuee property within six months of the date of allotment; (c) in consequence of a voluntary surrender of the allotted evacuee property, or a voluntary exchange with other ..... later in exercise of the delegated rule making power vested in the provincial government under section 55 of the central act, the punjab government framed rules dated august 29, 1951 entitled 'instructions for review and revision of land allotment' which affected the rules of july 8, 1949 only to the extent that they were ..... narula, deputy district attorney, rehabilitation department, haryana, chandigarh who has also filed an affidavit relating to the points on which information was required .....

Bright Resorts (P) Ltd. Vs. Debt Recovery Appellate Tribunal

Court : Kerala

Reported in : III(2003)BC535; 2003(3)KLT184

..... to hear the dealer before it takes a decision regarding the rate of tax leviable on the sales or purchase of goods, conferment of absolute power on the government to decide the question regarding the rate of tax, conferment of too wide and unbridled powers on the government ignoring the interest of one of the parties to the lis altogether were reasons which weighed with this court and the supreme ..... it is clear on a reading of section 129 that the judicial member of the appellate tribunal constituted under the customs act shall be as qualified and experienced in judicial work (if not more) as the chairperson of the appellate tribunal constituted under act 51 of 1993 section 129e of the customs act reads as follows:- 'where in any appeal under this chapter, the decision or order appealed against relates to any duty ..... is an essential legislative function, which cannot be delegated and the ultimate task of implementation of the legislative object could be delegated only after the legislature lays down adequate guidelines for the exercise of power. ..... arguing that any provision which does not insist on a decision based on reasons while exercising a particular power will have to be struck down on the ground of arbitrariness and as offending article 14, the learned counsel ..... chandigarh ((1999) 7 scc 89) in support of his submission that absence of rules or guidelines regarding the manner in which power is conferred by a statute upon an authority itself will invalidate the conferment of power .....

Present: Mr. R.S.Bains Advocate Vs. Gram Panchayat Village Bhedpura Di ...

Court : Punjab and Haryana

..... consolidation authorities, are tribunals of limited jurisdiction; (b) consolidation authorities exercise powers of revenue officers.under the 1887 act, a power to record and update fiscal entries and prepare record of rights; (c) but are not empowered to decide a question of title or vest/divest a party of its title; (d) the only ..... as to partition the same amongst the proprietors.a full bench of this court in a judgment rendered in cwp no.2318 of 2002 kumar vimal 2014.04.11 13:29 i attest to the accuracy and integrity of this document chandigarh c.w.p.no.5678 of 2012 & 7 c.w.p.no.12032 of 2012 titled parkash singh & others versus joint development commissioner, punjab & others decided on 08.11.2013 has held to the following effect: we, therefore, hold that:- (a) ..... possession and that the panchayat is leasing out the land to different cultivators from the year 1972-73 to 1992-93 (exs.p- 1 to p-75).in respect of proceedings under section 42 of the act, the collector held that the panchayat has not properly pursued its case before the courts, as panchayat was in connivance with khewatdars leading to the dismissal of civil appeal before the supreme ..... , but in the absence of any such restriction, the full bench judgment would be applicable in respect of all orders passed by the delegate of the state government in terms of section 42 of the 1948 act. .....

Chandigarh Administration Vs. Nemo

Court : Punjab and Haryana

Reported in : (2009)156PLR489

..... that the pregnancy needs to be medically terminated in the best interest of the victim, we in exercise of our parens-patriae jurisdiction, direct the petitioner administration to admit the victim in the government medical college and hospital, sector 32, chandigarh, constitute a team of medical experts comprising not less than two gynaecologists and the other related associates, who shall then terminate the pregnancy of the victim forthwith and without any delay as soon as the ..... court in its capacity as a parens-patriae, we are of the considered view that the following vital issues need to be answered by an expert body, who should be free from the administrative control and/or influence of the petitioner - the chandigarh administration:[i] the mental condition of the retardee;[ii] her mental and physical condition and ability for selfsustenance;[iii] her understanding about the distinction between the child born out of and outside the wedlock ..... though no delegation of its powers by the national trust for constitution of a local level committee has been brought on record, nevertheless, the petitioner - administration had issued a notification dated 9th june, 2006 reconstituting the local level committee to discharge the functions under the 1999 act.8. ..... a pointed reference has been made to section 2[1] of the mental health act, 1987 which too defines 'mentally ill person' to mean a person who is in need of treatment by reason of any mental disorder other than mental retardation. .....

Mohan MeakIn Breweries Ltd. Vs. Excise and Taxation Commr., Chandigarh ...

Court : Supreme Court of India

Reported in : AIR1976SC2020; (1976)3SCC421; [1976]SuppSCR510

..... alone has, by virtue of section 31 of the act, the power to impose duties mentioned therein, as also the exclusive power under section 58(1) of the act to make rules for the purpose of carrying out the provisions of the act including those of section 31 or any other law for the time being in force relating to excise revenue and section 13(a) of the act prohibits the state government to delegate the powers conferred on it by sections 14, 21, 31, 56 and 58 of the act, rules 8 and 9 of the 1957 rules are ..... as a sequel to the detection of the aforesaid shortages, the excise and taxation commissioner exercising the powers of financial commissioner, chandigarh administration, who is the first respondent herein, issued notices calling upon the appellant to show cause why duty at the prescribed rate ..... 2 under section 22 of the punjab excise act (1 of 1914) (hereinafter referred to as 'the act') read with rule 2 of the punjab bonded warehouse rules, 1957 (hereinafter referred to as 'the 1957 rules') which were framed by the financial commissioner under section 59 read with section 22 of the act, permitting it to run on conditions specified therein a bonded warehouse at chandigarh for storage of bottled and bulk liquor and issue thereof under bond or on payment of duty to the licensees of punjab, haryana ..... advanced on behalf of appellant which seems to proceed on the assumption that the chandigarh administration can impose duty only if liquor is consumed in its territory is erroneous .....

Vijay Kumar and ors. Vs. Ishri Devi and ors.

Court : Punjab and Haryana

Reported in : (2009)3PLR604

..... the counsel for the revision petitioner sought to further explain the inadequacy of the pleadings regarding want of denial, by stating that there was definite statement in evidence that his son was living in another sector in chandigarh in a rented premises along with his wife and in view of such evidence, he shall be deemed to have refuted the landlord's contention regarding the change of user of the portion of the tenanted premises for the residential ..... on the decision of this court and the supreme court which have held that the basic idea of clause (b) of section 13(2x0 of the east punjab urban rent restriction act is that the tenant should not be allowed to use the property for the purpose for which the landlord may not have agreed. ..... commissioner appointed by the court could at best assist the court by his ministerial acts in gathering evidence relating to the physical features and the issue of who is in possession could never be delegated by a direction for a finding through an advocate commissioner. ..... 1, a division bench of this court held while considering the affect of section 13(2)(ii)(b) of the act that 'change of use of building made in small part of the building would not automatically render the tenant to be ejected under ..... the finding of possession is invariably a judicial act to be undertaken by a court or a rent controller and such a power cannot be abdicated to an advocate commissioner, i eschew the report in reference to the commissioner's report or his evidence .....

State Bank of India Vs. Kashmir Art Printing Press, Sirsa and ors.

Court : Punjab and Haryana

Reported in : AIR1981P& H188; [1983]54CompCas56(P& H)

..... this section deals with the delegation of powers of the central board to the executive committee or ..... under section 30 of the act, the central board has been authorised to constitute an executive committee or other committees and delegate to the executive committee or other committees such powers as the central board may ..... the central board has been authorised to delegate such powers and duties as it deems proper, to the officers, advisers and employees of the ..... but the use of the aforesaid words clearly goes to show that the authorised officer has been given power to sign all documents connected with the legal proceedings and one of the documents would be a wakalatnama which the concerned officer could sign in favour of ..... it deserves to be mentioned here that a local head office was constituted at chandigarh in accordance with section 16(2) vide notification dated 20th august, 1979, published on 1st september, 1979, in part ii of the gazette of government of india, ..... on the other hand, the stand of the counsel for the state bank of india is that the first authority to act on behalf of the state bank of india vests in the central board and in the case of local head offices, in the ..... in order to carry out the purposes of the act, section 50(1) provides for making of regulations under the act and under clauses (m) and (n) specific powers have been given for making regulations in regard to the conduct of the legal proceedings and about other details and conduct of the officers of the .....

Pritam Singh Vs. the Presiding Officer, Labour Court and anr.

Court : Punjab and Haryana

Reported in : (1994)106PLR359

..... . chandigarh has the delegated powers of the president of ..... reference of the dispute must necessarily be made by the state within the territory of which the head office of the employer company is situate especialy when the object of the act is to ensure fair terms to the workmen and to prevent disputes between employers and employees so that production might not be adversely affected and the larger interests of the public might not suffer ..... interest of the workmen governed by the act, the stray acts of the workmen electing to got the dispute referred under section 10 from union territory chandigarh where the head offices of the companies are located would be of no consequence to hold that the chandigarh administration was the appropriate government in ..... other hand, maintained that the situs of the employment of the worker would play a crucial role in determining the appropriate government to make the reference under section 10 of the act as in section 2(a)(ii) the appropriate government has been defined to be the state government in relation to any other industrial dispute that the one figuring in sub section 2(a)(i) ..... legal controversy in all these writ petitions is as to whether the appropriate government to refer an industrial dispute for adjudication under section 10 of the industrial disputes act is the state government, within whose territorial jurisdiction the workman was working and orders of dismissal have been received; or the state government within whose territorial jurisdiction .....