Judgment Search Results Home > Cases Phrase: lalit kala akadami taking over of management act 1997 section 5 no right to compensation for premature termination of a contract Page 1 of about 13 results (0.196 seconds)

Lalit Kala Accademy Vs. Svapan Const. Ae+

Court : Delhi

Reported in : 2005(2)ARBLR447(Delhi); 121(2005)DLT495; 2005(83)DRJ292

..... had sent a communication dated 7.8.1998 to the arbitrator objecting to the jurisdiction of the arbitrator to enter upon the reference and to hold the arbitral proceedings and to make an award more particularly in view of the provisions of section 3(3) of the lalit kala akademi (taking over of management) act, 1997 (act no. ..... the 1st respondent did not challenge the act or the termination and having acted thus it would not be open to it to seek to enforce only one clause ..... 2 was independent of the main contract and even if the contract had come to an end by virtue of the provisions of section 3(3) of the 'act', the arbitration agreement was remained ..... to mention that observations made herein are only for the purpose of deciding the present application and the arbitral tribunal shall be free to take its own view in the matter. ..... this is an application under section 34 of the arbitration and conciliation act, 1996 made on behalf of the applicant - lalit kala akademi, for setting aside the award of the sole arbitrator dated ..... on the outcome of the said dispenstion, it would have been open for the parties to have their statutory remedy.7. ..... learned counsel for the petitioner submits that the award is liable to be set aside and, at least, remitted back to the arbitrator for a consideration and adjudication of the above important ..... the main grounds set-up for setting aside the award are as ..... it is, thereforee, open for any party to challenge before the arbitral tribunal that it had been wrongly .....

Swati Vasant Patil and anr. Vs. Kandivli Education Society and ors.

Court : Mumbai

Reported in : 2002(1)ALLMR333; 2002(3)BomCR51

..... lalit kala academy, reported in : (1996)iillj661sc wherein the apex court held that the object of probation is to test the suitability and if the appointing authority finds that the candidate is not suitable, it certainly has power to terminate the services. ..... as the court laid down in frank anthony public school's case, the provision contained in sub-section (4) of section 8 of the act is designed to afford some measure of protection to the teachers of such institutions without interfering with the managements right to take disciplinary action. ..... although the court in that case had no occasion to deal with the different ramifications arising out of sub-section (4) of section 8 of the act, it struck a note of caution that in a case where the management charged the employee with gross misconduct, the director is bound to accord his approval to the suspension. ..... it cannot be doubted that although disciplinary control over the teachers of a minority educational institution is with the management, regulations can be made for ensuring proper conditions of service for the teachers and also for ensuring a fair procedure in the matter of disciplinary action. ..... the right of the management to take disciplinary action even during this contract period is not taken away. ..... university appellate tribunal & others, reported in : (1997)2scc240 , (iii) yunus ali sha v. ..... in lilly kurian, 1997 (2) s.c.c. .....

Satpal Singh Vs. Presiding Officer Labour Court, Patiala and Others

Court : Punjab and Haryana

..... for the first time, the petitioner invoked his industrial rights preserved by sections 25f and 25g of the act which he said were breached as neither notice, notice pay and retrenchment compensation was paid at the time of termination of service on july 15, 1985 and persons junior to him were retained. ..... october 23, 1998 till the date of the award will remain restricted to one third of the total arrears calculated on the basis of full wages last drawn [without gradual rise over the period of time in the special facts of the case] to serve the ends of justice with a view to hold in a balance, as equitably as possible, the monetary interests of both the sides, since all said and done, the ..... he quotes the following passage in rajasthan lalit kala academy v. ..... joinder and misjoinder of parties was not an issue pressed by the management at the time of hearing and will be deemed to be given up in further proceedings. 11. ..... polc, gurdaspur, 2015 (1) rsj 765 which would take compensation packages to much higher levels than a measly l 35, 000 granted in this case. 16. ..... it can replace contracts of service and delete or insert covenants as no other court can. .....

Municipal Corporation of Delhi Vs Sh. Ranbir and anr.

Court : Delhi

..... workman; that retrenchment under the act is wide enough to cover cases of termination of services for any reason whatsoever; that striking off of the name from the muster roll would be covered by retrenchment; that the respondent workman having continuously worked form 26th march, 1990 to 26th july, 1991 for a period of more than one year, the provisions of section 25f were applicable to him even ..... established facts of the respondent workman having been employed as the daily wager for a period in excess of 240 days entitles him to reinstatement as a daily wager or to be compensated for the established illegality of the termination of his employment.12. ..... rajya krishi utpadan mandi parishad (2006) 7 scc 684; in this case also the workman had been appointed on a contract basis for a fixed term for carrying out the work of a specified project; they were engaged from time to time to work on different projects and when they were not appointed in a ..... me, all that the labour court has done in the present case is to direct the petitioner mcd to take back the respondent workman as a daily wager and to pay to him back wages at the rate of ..... lalit kala ..... ranbir singh have been terminated illegally and / or unjustifiably by the management and if so, to what relief is ..... for the petitioner mcd has contended that even though the petitioner mcd was ex parte before the labour court but the labour court erred in holding the respondent workman to be in continuous employment of the petitioner mcd for over .....

Dr. Sudhakar Sharma Vs. U.Oi. and Others

Court : Central Administrative Tribunal Principal Bench New Delhi

..... order issued by the government of india is reproduced below for easy reference: (to be published in the gazette of india part i section ii) f.no.3-17/2011-akademies government of india ministry of culture new delhi, the 11th february, 2013 resolution in accordance with rule 5(i) of the rules and regulations of the lalit kala akademi, the president of india hereby appoints shri kalyan kumar chakravarty as chairman of the lalit kala akademi, new delhi with immediate effect. ..... that normally when an appointed authority or the disciplinary authority seeks to suspend an employee, pending inquiry or contemplated inquiry or pending investigation into grave charges of misconduct or defalcation of funds or serious acts of omission and commission the order of suspension would be passed after taking into consideration the gravity of the misconduct sought to be inquired into or investigated and the nature of the evidence placed before the appointing authority and on application of the mind by disciplinary authority ..... no.5 had been appointed chairman of lka vide order dated 11.02.2013 and for the post of chairman, there was no formal handing over or taking over of the charge. ..... also been pleaded on behalf of the respondents that no handing over taking over was required for the assumption of charge by the new incumbent. ..... sd- (pramod jain) joint secretary to the government of india the manager government of india press near hardware chowk faridabad-121001 (haryana) the order mentions the word with .....

Birmati and ors. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : 1997ACJ1164; (1997)115PLR61

..... institutions are owned and managed by the state through its servants and the death of ranbir singh was caused due to sheer negligence and breach of duty of the jail authorities and, therefore, the respondents are liable to compensate the petitioners for wrongful death of ranbir ..... warders on taking over charge of such prisoners must satisfy themselves that their fetters are intact and the iron bars or the gratings of the barracks in which (hey are confined arc secure and all locks, ..... he had also been convicted under section 25 of the arms act by the additional sessions judge, sonepat, for a period of six months on 3.2.1923 in ..... it is obligatory on the state to ensure that there is no infringement of the indefeasible rights of a citizen to life except in accordance with law, while the citizen is in ..... it was further observed by their lordships as under :-'the precious right guaranteed by article 21 of the constitution of india cannot be denied to convicts, under-trials or other prisoners in custody, except according to procedure established ..... a prisoner does not cease to have his constitutional right except to the extent he has been deprived of it in accordance with law (see francis ..... denuded of their rights under article 21 and only reasonable restrictions as provided by law can be imposed on the enjoyment of fundamental rights by such persons. ..... great responsibilities on the police or prison authorities to ensure that the citizen in its custody is 'not deprived of his right to life. .....

Mahim Chandra Ghatak and ors. Vs. Dingamanik Union Board and ors.

Court : Kolkata

Reported in : AIR1947Cal41

..... it is worthy of note that none of the ten grounds taken in the memorandum of appeal to this court con-tains the remotest suggestion that the board have no right of control and management over the khal, but on the other hand all proceed on the assumption that they have such right and only exceeded it in widening the khal beyond its proper limits and cutting down trees standing outside its site. ..... over which the public had a right of way; and each act contained a provision that the local authority might take over roads, channels etc. ..... it was contended before them on behalf of the appellants that since the khal lay on lands owned by private individuals, it was private property, although the public might have a right of way over it, and that being so, its control and management could not vest in the union board under the provisions of section 81, bengal village self-government act. ..... further, it granted a permanent injunction against the union board, restraining them from taking earth from the khal, 'except for the purpose of keeping the boat passage fit and in proper condition', but that also only if the plaintiffs, on being asked by the board by a written notice to excavate the khal according to their directions, should refuse to do so.6. ..... the learned judges were not prepared to accede to this contention, but it had the support of the decision in lalit mohan saha v. .....

B.N. Magon Vs. South Delhi Municipal Corporation

Court : Delhi

..... trade or profession or work in connection with, or incidental or ancillary thereto, journalistic and printing establishments, contractors and auditors establishments, quarries and mines not governed by the mines act, 1952 (35 of 1952), educational or other institutions run for private gain, and premises in which business of banking, insurance, stocks and shares, brokerage or produce exchange is carried on, but does not include a shop or a factory ..... in our opinion, the correct test of finding whether a professional activity falls within section 2(4) of the act is whether the activity is systematically and habitually undertaken for production or distribution of goods or for rendering material services to the community or any part of the community with the help of employees ..... , the intent the authorities could not have been to take back the concession given by the mpd2021in clause 15.8 ..... management professional shall be the one holding mba degree / diploma from aicte/ ugc / centrally recognized institutions or institutes of national importance and having membership of delhi management ..... in lalit bhasin (supra), a coordinate bench of this court held that the correct test of finding whether a professional activity falls within the definition of a commercial establishment is whether the activity is systematically and habitually undertaken for production or distribution of goods or for rendering material service to the community with the help of employees ..... stated that all over the country, .....

Dev Kala and ors. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 1998ACJ632

..... judge while dealing with the question of granting compensation for unconstitutional deprivation of fundamental right to life and liberty of the citizens observed as under:(44) the claim in public law for compensation for unconstitutional deprivation of fundamental right to life and liberty, the protection of which is guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortious acts of the public servants. ..... , annexure p-2, dated 21.6.1993 written by deputy commissioner, mandi to the chief engineer, bhakhra beas management board requesting the latter that he should give order/direction to get the water lessened from gate ..... committed suicide by jumping into the river beas from the raison bridge which had been proved during investigation of the case under section 224, indian penal code and the main reasons he further stated for committing suicide were receipt of notice from the hon'ble high court in case f.i.r. no. ..... bihar 1991 acj 1034 (sc), that it is the obligation of the police particularly after taking a person in custody to ensure appropriate protection of the person taken into custody including ..... body of bhinder singh was taken out from the dam and handed over to the petitioner jeet ram, brother of the deceased after conducting ..... 1,00,000/- (one lakh) would be appropriate compensation as an interim measure to be awarded to the petitioners dev kala, usha, dodi, kolti and uttami in the ..... 1997 .....

Laguna Holdings Pvt. Ltd. and ors Vs. Eden Park Hotels Pvt. Ltd. and o ...

Court : Delhi

..... act, 1913) had an occasion to discuss the scope of section 153-c (equivalent to section 397 of the companies act, 1956); relevant extract of which reads as under:the true scope of section 153-c is that whereas prior to its enactment the court had no option but to pass an order for winding up when the conditions mentioned in section 162 were satisfied it could now in exercise of the powers conferred by that section make an order for its management ..... the following persons, on the other, namely: (i) the managing director, (ii) any other director, 2 [***] (v) the manager, upon such terms and conditions as may, in the opinion of the 1[tribunal], be just and equitable in all the circumstances of the case; (e) the termination, setting aside or modification of any agreement between the company ..... take all steps to ensure its proper working and that, of course, includes the power to appoint directors to the board of directors and such delegation will be binding upon it but if there is no legally constituted board which could function or if there is a board but that is unable or unwilling to act then the authority delegated to the board lapses and the members can exercise the right ..... be taken as the terms of the contract between the members, showing their intention ..... the pre-independence period; over the years a relationship of ..... lalit parekh had construed the words any other orders that it thinks fit as orders other than those related to a winding up and would include orders such as, an order for .....