Judgment Search Results Home > Cases Phrase: electricity amendment act 2007 Court: chhattisgarh Page 7 of about 138 results (0.075 seconds)

Ram Prasad Agrawal Vs. Rammanohar Soni

Court : Chhattisgarh

Reported in : 2008(1)MPHT1(CG)

..... the lower appellate court, while affirming the judgment and decree under section 12(1)(b) of the act, 1961 passed by the trial court, stated in para 11 of the judgment as under:lozizfke vf/kfu;e] 1961 dh /kkjk 121ch ds vk/kkj ij ikfjr fu'dklu dh fmdzh ij fopkj djrs gs a vkyksp; fu.kz; dh dafm+dk 26 yxk;r 31 esa fd, x, lk{; fo'ys'k.k ,oa fu'd'kz ls ;g vnkyr lger gs a vr% lk{; dk iqu% fo'ys'k.k dj fu'd'kz dk dkj.k iqu ..... intention of the tenant in raising the pleadings in para 2 of the written statement have to be culled out as raising purely a question of necessary parties and not as an act, which is likely to effect adversely or substantially the interest of the landlord or as a disclaimer of tenancy. ..... it was also submitted that for constituting a ground under section 12(1)(b) of the act, 1961, it is not necessary that sub-letting should continue on the date of the ..... , this appeal raises the following two substantial questions of law:(a) whether the first appellate court erred in not appreciating the evidence on record relating to the ground of eviction of the tenant under section 12(1)(b) of the act and thereby fell into error while affirming the finding recorded by the trial court under section 12(1)(b) of the act without application of mind to the evidence led by the parties? ..... it was also pleaded by an amendment incorporated subsequently in the year 1995 that the appellant/defendant had sub-let the suit accommodation for purposes of business and was not in occupation of the suit .....

Urmila Bai and ors. Vs. Oriental Insurance Co. Ltd.

Court : Chhattisgarh

Reported in : 2008ACJ1705

..... course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923) in respect of the death of, or bodily injury to, any such employee:(a) engaged in driving the vehicle, or(b) if it is a public service vehicle engaged as a conductor of the vehicle or in examining tickets on the vehicle, or(c) if it is a goods carriage, being ..... learned counsel for the appellants contented that in accordance with section 163-a of the act, legal representatives of the owner of the vehicle who died in accident are entitled to claim compensation against the ..... heading 'own damage', the words 'premium on vehicle and non-electrical accessories' appear. ..... government may, keeping in view the cost of living by notification in the official gazette, from time to time amend the second schedule.163-b. ..... claim for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person. ..... tribunal after due consideration of all the material on record held that the application under section 163-a of the act, 1988 is not maintainable and accordingly vide impugned award dismissed the claim.4. .....

Taramati and Others Vs. Managing Director, Kamal Solvent Extraction Pv ...

Court : Chhattisgarh

..... the contents of the said amendment was refuted and eventually, the commissioner, workmen compensation finally by the impugned award dated 13.02.2007, dismissed the claim petition filed by the appellants ..... after the case was remanded to the commissioner, workmen compensation, further amendment was made in the claim petition, wherein it was stated that the deceased was provided with a scooter bearing ..... such order liberty was given to the parties further to make amendment and adduce evidence and decide the case afresh. ..... to the commissioner, workmen compensation with an observation to decide the question whether the accident had taken place in the course of and out of employment within the means of sub-section (1) of section 3 of the workmen's compensation act in order to fasten the liability on the employer or the insurer of the employer to pay compensation. 7. ..... devi and another and placing the analogy would submit that expression 'employment' in section 3 of the workmen's compensation act is wider than the actual work or duty which the workman had to do. ..... after the remand, certain amendments were incorporated in the body of the claim petition, wherein, it was urged that the deceased while coming back on a vehicle, which was given by the employer met with an accident therefore, it would be deemed that ..... the interpretation of section 3 (1) of the workmen compensation act, would mean that employer would be liable to pay the compensation, if the accident arises out of and in course of .....

Chetan Bharti Vs. Premlal Dewangan

Court : Chhattisgarh

Reported in : 2008(1)MPHT72(CG)

..... be granted by the court unless it has been specifically claimed: provided that where the plaintiff has not claimed any such relief in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just for including a claim for such relief. ..... within the meaning of clause (b).explanation (2) :-- the question whether the performance of a contract would involve hardship on the defendant within the meaning of clause (b) shall, except in cases where the hardship has resulted from any act of the plaintiff subsequent to the contract, be determined with reference to the circumstances existing at the time of the contract. ..... (3) the court may properly exercise discretion to decree specific performance in any case where the plaintiff has done substantial acts of suffered losses in consequence of a contract capable of specific performance. ..... p-1, under sub-clause (2) of section 22 of the specific relief act and also for the cost of rs. ..... section 22 of the specific relief act reads asunder:22. ..... section 20 of the specific relief act reads as under:20. ..... 60,000/- towards advance by the defendant from the plaintiff was proved, the court had jurisdiction to order refund of the money paid by the plaintiff to the defendant under section 22(1)(b) of the specific relief act, 1963. .....

R. Gopalakrishnan Vs. the Manager, Karasaka Roadways Pvt. Ltd. and anr ...

Court : Chhattisgarh

Reported in : [2008(117)FLR702]; 2008(1)MPHT103

..... premi devi : air1997sc3854 , this court after examining the entire scheme of the act held that payment of interest and penalty are two distinct liabilities arising under the act, while liability to pay interest is part and parcel of legal liability to pay compensation upon default of payment of that amount within one month. ..... thus, the employer was in default in paying the compensation due under the act within one month from the date it fell due, therefore, the lower court ought to have awarded simple interest at the rate of 12% per annum. ..... (supra), the insurer is liable to pay interest under section 4a of the act upon default of payment by the employer within one month. ..... , prior to the amendment is attracted:4. ..... it is true that the applicant had claimed a lesser amount than his entitlement under section 4(1)(b) of the act, yet, as held in radhamony and ors. ..... --(1) subject to the provisions of this act, the amount of compensation shall be as follows, namely: (a) *** *** *** ***(b) where permanent total an amount equal to fifty perdisablement results from cent of the monthly wagesthe injury of the injured workmanmultiplied by the relevantfactor;oran amount of sixtythousand rupees whicheveris ..... once it is held that the appellant/workman had suffered permanent total disablement resulting from the injury in the accident, section 4(1)(b) of the act, as it stood on the date of accident, i.e. .....

Sadhna Bai Vs. State of Chhattisgarh, through the Secretary, Revenue a ...

Court : Chhattisgarh

..... these lands were acquired by the state government in exercise of the provisions contained in the land acquisition act, 1894 (for short 'the la act') for dumping ash products oozing out from the power unit owned by respondent no.2 chhattisgarh state electricity production company limited and ultimately, award was passed on 29-8- 2007 and thereafter, lands vested with the state government. 4. ..... the state government in exercise of power conferred under article 162 of the constitution of india has framed the chhattisgarh state model rehabilitation policy, 2007 (as amended) to restore the status and dignity of land oustee whose land has been subjected to acquisition for the projects of governmental and private institutions in addition to payment of compensation under the land acquisition act and to provide for their shelter and employment also. ..... 1762/2014 government is justified in impliedly excluding married daughter of the affected/displaced family from consideration for employment under the chhattisgarh state model rehabilitation policy, 2007, as amended, on the ground of her marriage. 2. ..... the 73rd and 74th amendments of the constitution which deal with the reservation of women has the avowed purpose, that is, the women should become parties in the decision-making process in a democracy that is governed by the rule of law ..... the purpose of the constitutional amendment is that the women in india are required to participate more in a democratic set-up especially at the grass root level .....

Employees’ Provident Fund Organisation Vs. M/s. Raipur Developmen ...

Court : Chhattisgarh

..... (3.5) the petitioner herein considered the plea raised by respondent herein and passed final order of assessment under section under section 7a of the epf act, 1952 on 02.11.2007 and under section 7a (1) read with section 7a(3a) of the act determining the dues payable by raipur development authority amounting to rs.8,46,80,024/- and held as under:- (i) that, respondent raipur development authority is an authority, which is established and controlled by the state government. ..... (22) the above quoted rule framed under the act of 1987 clearly provides that contributory provident fund rules, prescribed by the state government as amended from time to time shall be applicable to the authority-employees (rda employee). ..... contributory provident fund rules, 1952, rule 19 of rule 2013 provides that contributory provident fund rules, 1955 as prescribed by the government and as amended from time to time shall be applicable to the employees of the authorities. ..... - contributory provident fund rules, as prescribed by the government and as amended from time to time shall be applicable to authority employees but those employees of the authority who are at present governed by the pension rules shall continue to get pension benefits. .....

Namina Devi Pradhan Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : AIR2008Chh40

..... shukla university, raipur vide notification dated 10-4-2007 and guru ghasidas university, bilaspur vide notification dated 2-7-2007 have also affected the necessary amendment in their ordinance accordingly. ..... recognition of institutions offering course of training in teacher education:-(1) every institution offering or intending to offer a course or training in teacher education on or after the appointed day may, for grant of recognition under this act, make an application to the regional committee concerned in such form and in such manner as may be determined by regulations:provided that an institution offering a course or training in teacher education immediately before the appointed day, shall be entitled to ..... vested with the council for the reasons and with an intention to achieve the ultimate goal of the act and the regulations made by the council under such powers, in view of the provisions of sections 14 & 16 of the act, would be applicable to the recognized institutions which are affiliated for running the course of teachers training as per the act and in this manner, the regulations, made by the ncte regarding fixation of minimum qualification for admission ..... in graduation or post-graduation for the general candidates and 45% marks for the sc, st and obc candidates was binding over the institutions recognized and affiliated under the ncte act 1993 having overriding effect and the argument that the aforesaid regulation was not binding on the state, cannot be accepted.10. .....

NitIn Sinha Vs. Union of India Through: Its Secretary, Ministry of Per ...

Court : Chhattisgarh

..... (17) in university of mysore (supra), also quoted in central electricity (supra), it was held that broadly stated, the quo warranto proceeding affords a judicial enquiry in which any person holding an independent substantive public office, or franchise, or liberty, is called upon to show by what right he ..... the writ petition was again amended making challenge to the order dated 17.12.2013 and the appointment of the 6th respondent on contractual basis on the ..... in this connection, our scrutiny is limited to see that the provisions of concerned act(s) or statutory rules are not violated and a public post(s) or a public office is not held by an usurper or disqualified person in violation of any statutory rules ..... reference was made to various provisions of all india services act, 1951 (for short the act 1951); indian administrative service (cadre) rules, 1954 (for short the rules 1954) and indian administrative service (fixation of cadre strength) regulations, 1955 (for short the ..... , we answer the first question in the negative and hold that the administrative tribunal constituted under the act cannot entertain a public interest litigation at the instance of a total stranger.? 14. ..... ] (hereinafter referred to as the act or act 1951) was enacted on 29.10.1951. ..... section 3 of the act provides many provisions relating to regulation of recruitment and ..... this is an act to regulate the recruitment, and the conditions of service of persons appointed to the all-india services common to the union .....

M.L. Dewangan Vs. State of Chhattisgarh, Through its Secretary, Co-ope ...

Court : Chhattisgarh

..... the constitution of india, the present writ petition has been filed by the petitioner seeking writ of mandamus or suitable direction to respondent no.2/registrar, co-operative societies for appropriate amendment in the service rules in the light of the order passed by this court in writ petition (s) no.2133 of 2011. 2. ..... and another ((1987) 2 scc 720)pointed out distinction between legislative, administrative and quasi judicial power as under:- 7 a legislative act is the creation and promulgation of a general rule of conduct without reference to particular cases; an administrative act is the making and issue of a specific direction or the application of a general rule to a particular case in accordance with ..... of law rendered by the supreme court in the aforesaid judgments, this court is of the considered opinion that power of the registrar, cooperative societies to frame/amend the rule under section 55(1) of the act of 1960 is legislative in character and no writ of mandamus can be issued to the registrar, cooperative societies to amend the rules suggested by respondent no.3. 16. ..... the petitioner, would submit that inaction on the part of the respondent no.2 in not approving amendment in service rules suggested by respondent no.3 is clearly arbitrary and smacks non-application of mind. ..... 2007) 6 scc 586), this court held that issuing any such direction may amount to amendment of law which falls exclusively within the domain of the executive/legislature and the court cannot amend .....