Judgment Search Results Home > Cases Phrase: coast guard act 1978 section 119 petitions to central government or director general against findings and sentences Page 1 of about 708 results (0.332 seconds)

National Fertilizers Ltd. Vs. Shri Ashok Kumar Ahluwalia

Court : Delhi

..... judicial proceeding , by itself, bereft of setting, would clearly include even a criminal proceeding but, when read in the context of the fact that it is preceded by the expression disciplinary proceeding and, followed by, the words, guilty of offences/misconduct as mentioned in sub-section (6) of section 4 of the payment of gratuity act, 1972 or to have caused pecuniary loss to the company misconduct or negligence , it would bring within its ambit a proceeding other than criminal proceedings. ..... , for ordering the recovery from gratuity of the whole or part of any pecuniary loss caused to the company if the employee is found in a disciplinary proceeding or judicial proceeding to have been guilty of offences/misconduct as mentioned in sub-section (6) of section 4 of the payment of gratuity act, 1972 or to have caused pecuniary loss to the company by misconduct or negligence, during his service including service rendered on deputation or on re-employment after retirement. ..... that the reason was that the respondent was facing a criminal prosecution concerning the same acts of omission and commission alleged against him in respect of which departmental proceedings were initiated.3. ..... the power to withhold gratuity, to recover wholly or partly pecuniary loss caused to nfl, is confined to a finding returned either in the disciplinary proceeding or in a judicial proceeding in relation to offences/misconduct referred to in section 4(6) of the payment of gratuity act, 1972 (in short pga). .....

In Re: Indo Burma Wood Products (P) Ltd.

Court : Kolkata

Reported in : AIR1968Cal198

..... section 448 of the act by the central government and ..... provisions of section 45s of the act and in doing so he finds it necessary to send such letter ..... section 237(1) of the act the court can direct the liquidator to prosecute a director, manager officer or member of a company cannot mean that the liquidator cannot prosecute them under section 179(a) of the companies act independently of section 137(11) thereof'on the basis of the supreme court's decision quoted above and ..... and in implementation thereof the official liquidator in support of his argument also marshalls in support of his arguments, rule ha of chapter 17 of the original side rules which says:--'a decree-holder, praying for police help in execution of a decree, shall apply before a judge in chambers by petition, supported by an affidavit, stating therein whether such help is required-- (i) because of apprehension of violence or obstruction from the judgment-debtor himself; or (ii) because of conditions of general ..... sections there is the section 480 of the companies act providing 'any powers conferred on the court by this act shall be in addition to, and not in derogation of any existing powers of instituting proceedings against any contributory or debtor of the company, or the estate of any contributory or debtor, for the recovery of any call or other sums,' this saving of existing powers does not expressly or impliedly refer to any power in this court to override the express provision of section 456 (1-a) and .....

Md. Abbas Mohideen Vs. Government of India Rep. by Secretary to Govern ...

Court : Chennai

Reported in : (2008)IILLJ587Mad

..... the petitioner could have filed a representation to the central government under section 119 of the coast guard act, in view of the facts and circumstances of the case, the petitioner, without availing other remedies, moved this court with the present writ petition.18. ..... on the limitation will have to be viewed seriously because in a court of enquiry held by the respondents in terms of the coast guards act, 1978, they can even impose punishment of death and grant life imprisonment in terms of section 53(1) of the act. ..... irresponsible and careless attitude in fault diagnosis and repair of defects affecting the ship's operational efficiency and delay in repair process thereby committed an offence under section 16 of coast guard act, 1978.8. ..... sixth respondent was the commanding officer, who forwarded the roe to the coast guard headquarters and it is the stand of the petitioner that he had held that there was no case against the petitioner and recommended dropping of the charges.9. ..... in this petition challenges the order dated 29.10.2003 passed by the second respondent wherein and by which he was given the sentence of dismissal from the coast guard.3. ..... account of the illness of the law officer or of the accused before the finding, it is impossible to continue the trial, a coast guard court shall be dissolved. ..... assistant solicitor general of india representing the respondents 1 to 4 and mr. k ..... the learned assistant solicitor general of india contended by referring to rules 63 and 65 of the c.g .....

The Special Officer Vs. the Joint Commissioner of Labour

Court : Chennai

..... authority may withhold payment of gratuity, for ordering the recovery from gratuity of the whole or part of any pecuniary loss caused to the company, if have been guilty of offences/misconduct as mentioned in sub-section (6) of section 4 of the payment of gratuity act, 1972 or to have caused pecuniary loss to the company by misconduct or negligence, during his service including service rendered on deputation or on re-employment after retirement. ..... of the writ petition, the contentions raised by the management of the society was that the third respondent was only relieved from the service of the bank and not retired under the special by-laws governing the service conditions of the employes of the bank to the effect that an employe shall be responsible for and liable to make any financial loss, which the bank may sustain on account of his negligence and the employees have ..... the defence taken by the petitioner-society was that the criminal proceeding initiated against the third respondent was still pending and he was only relieved from the service of the bank on the direction issued by the ..... (2007) 1 scc 663 and in paragraphs 7,10,11,13 and 14, it had observed as follows: 7.the short question which arises for consideration in this appeal is as to whether the provisions of the said act shall prevail over the rules framed by the coal india limited, holding company of respondent 1, known as the coal india executives' conduct, discipline and appeal rules, 1978 (for short the rules) .....

Smt. Anjali Kapoor Vs. Rajiv Baijal

Court : Supreme Court of India

Reported in : 2009AIRSCW4302; AIR2009SC2821; 2009(5)ALT39(SC); 2009(3)AWC2679(SC); 2010(1)MhLJ2(SC); (2009)5MLJ987(SC); RLW2009(2)SC1156; 2009(6)SCALE597; (2009)7SCC322; 2009(5)LC2376(SC)

..... of muthuswami moopanar : air 1935 mad 195, wherein the court has observed, that, if a minor has for many years from a tender age lived with grand parents or near relatives and has been well cared for and during that time the minor's father has shown a lack of interest in the minor, these are circumstances of very great importance, having bearing upon the question of the interest ..... out by the petitioner by publishing the notice of special leave petition in 'sandhyand' and 'free press' which has wide circulation in pune (maharashtra). ..... the respondent had also contended that after the child was brought to the residence of the appellant he was repeatedly requesting the appellant and her family members to hand over the custody of the child to him, since the appellant is unable to take care of the welfare ..... 39, it is stated that an application by a parent, through the medium of a habeas corpus proceeding, for custody of a child is addressed to the discretion of the court, and custody may be withheld from the parent where it is made clearly to appear that by reason of unfitness for the trust or of other sufficient causes the permanent interests of the child would be sacrificed ..... herein filed an application under guardian and wards act before the family court, inter-alia asserting that being the father of the child anagh, he is her natural guardian and therefore, entitled to the custody of ..... this appeal is directed against the judgment and order passed by the high court of judicature at .....

Md. Abbas Mohidden Vs. the Director General, Coast Guard and anr.

Court : Orissa

Reported in : 95(2003)CLT593

..... as the coast guard court convened could not proceed with the trial, and in view of the fact that few of the officers constituting the court had been transferred out to different coast guard units, and the commanding officer of the petitioner having also changed, it was decided to dissolve the said coast guard court in exercise of the powers under section 66(3) of the coast guard act, 1978 (hereinafter referred to as 'the act'). ..... thereafter, charges were framed under annexure-6 dated 10.8.99 and a coast guard court was convened on 11.10.1999 under annexure-5 by the director general of coast guard. ..... this writ application was disposed of vide order dated 6.4.98 with the direction that the petitioner would make a representation to the director general, coast guard, within two weeks, which shall be disposed of by the concerned authority. ..... it is also stated that director general of coast guard has convened the present coast guard court for the trial of the petitioner since charges against him have not been dismissed.4. ..... it is also stated that the director general of coast guard did not find any material in the representation of the petitioner to absolve him from the earlier charges. ..... the petitioner had challenged the same in this court by filing a writ petition in ojc no. ..... in the event the decision of the said court is not favourable to the petitioner, then the petitioner shall be permitted to make an application as visualised under sections 117 and 119 of the act. .....

Ray Vs. Atlantic Richfield Co.

Court : US Supreme Court

..... pursuant to this title, the secretary, through his delegate, has promulgated the puget sound vessel traffic system, which contains general and communication rules, vessel movement reporting requirements, a traffic separation scheme, special ship movement rules applying to rosario strait (where, under a local coast guard rule, the passage of more than one 70,000 dwt vessel -- in bad weather, 40,000 dwt -- in either direction at a given time is prohibited), and other requirements. ..... [ footnote 2/6 ] the tanker law contains the following statement of intent and purpose: "because of the danger of spills, the legislature finds that the transportation of crude oil and refined petroleum products by tankers on puget sound and adjacent waters creates a great potential hazard to important natural resources of the state and to jobs and incomes dependent on these resources. ..... [ footnote 8 ]" section 215 adds that "[n]o state or municipal government shall impose upon pilots of steam vessels any obligation to procure a state or other license in addition to that issued by the united states . . . ..... indeed, there were other provisions in the federal act in question that "militate[d] even more strongly against federal displacement of [the] state regulations." id. ..... 597 ; new york central r. co. v. ..... 76-930 argued october 31, 1977 decided march 6, 1978 435 u.s. ..... 151 (1978) ray v. ..... 151 (1978) u.s. .....

Kernan Vs. American Dredging Co.

Court : US Supreme Court

..... the court neither casts doubt on the district court's finding that respondent was not negligent in carrying the tug's lantern at three feet above the water surface nor disputes that the sole purpose of the coast guard regulation was to guard against the risk of collision, but it nevertheless decides that violation of the regulation, in and of itself, rendered the respondent liable for all injuries flowing ..... this court's past interpretation of the fela to provide a cause of action based on absolute liability for injuries traceable to violations of these two particular safety statutes has rested entirely on its view of congressional intent, and that no general rule of absolute liability without regard to negligence for injuries resulting from violation of any statute can fairly be said to emerge from these decisions. ..... section 157 was originally enacted as part of the act of june 7, 1897, and the clear purpose of that act was simply to effect a codification of all rules governing navigation on inland waters so that they would conform in the highest possible degree to prevailing international rules for the prevention of ..... persistent protest against granting petitions for certiorari to review judgments in the state courts and the united states courts of appeals involving application of the federal employers' liability act, i deemed it necessary to register my conviction on the unjustifiability of granting such petitions by noting that the petitions were page ..... illinois central r. ..... , 119 .....

Shri Mashkoor Ahmad Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2009(93)DRJ310

..... , and rule 5(x) of national small industries corporation limited (control and appeal) rules, 1968 read with sub-section (6) of section 4 of the payment of gratuity act respectively.accordingly, the president in exercise of powers conferred under rule 39(3) of the central civil services (leave) rules, 1972, and rule 5(x) of national small industries corporation limited (control and appeal) rules, 1968 read with sub-section (6) of section 4 of the payment of gratuity act hereby orders imposition of above said penalty on shri mashkoor ahmad, chairman-cum-managing director(retd ..... it is not for this court to sit in appeal over the finding of the inquiry officer to examine whether the norms and procedures had been violated and whether the charges stood proved against the petitioner.8. ..... this writ petition is directed against the order dated 6.12.2004 of the president of india whereby the penalty of recovery of 50% of leave encashment and forfeiture of 50% of the gratuity paid to the petitioner on his retirement has been imposed.3. ..... in that case, it was clarified that the view is not justified that the appropriate authority must state its own grounds or reasons for proposing to take any specific action against the delinquent government servant.14. ..... it cannot also, in our opinion, be laid down as a general rule that an order is a non-speaking order simply because it is brief and not elaborate. ..... the petitioner defended himself with the assistance of shri subhash chandra, general manager(retd.). .....

Gopalakrishna Vs. Karnataka Soaps and Detergents Ltd.

Court : Karnataka

Reported in : ILR1995KAR2929

..... there is no such conflict between rule 19 and section 4 of the act, as the former only acts in aid of the power reserved to the employer by the later to forfeit the amount of gratuity to the extent of the loss proved against the employee. ..... that being so, there is no reason for this court to interfere with the view taken by the respondent in deferring the payment of the gratuity till such time the disciplinary proceedings against the petitioner are concluded and it be finally determined as to whether or not any part of the petitioner's gratuity would be liable to be forfeited in terms of section 4(6) of the act.9. ..... i have hard the learned counsel appearing for the petitioner, who strenuously argued that rule 19(ii) of the rules aforesaid was opposed to section 14 of the payment of gratuity act; and was therefore liable to be ignored if not declared ultravires. ..... aggrieved, the petitioner has come up to this court in the present writ petition for a mandamus declaring rule 19(ii) of the aforesaid rules as ineffective, inoperative and violative of article 14 of the constitution of india.3. ..... consequently, a charge sheet proposing disciplinary action against the petitioner for making such purchases, has been served upon him on 31st may 1995 as per annexure 'b' to the writ petition. ..... the petitioner, in the meantime, superannuated and was relieved in terms of annexure 'f' to the writ petition subject to the provisions of rule 19(ii) of ks & dl conduct and disciplinary action rules 1984. .....