Court : Delhi
Reported in : 2001(60)DRJ549
..... , : 49(1993)dlt14 and national institute of technology v.m.c.d. ..... as already noted the dmc act does not contain any such bar to institution of a civil suit nor does it make the decision of the appellate authority in an appeal under section 169 of the act as final and/or not open to challenge in a civil court. ..... rather section 478 of the act which contains general provision regarding advance notice being served on the corporation before institution of suits against it, shows that the act envisages civil suits being normally filed against the corporation. ..... in view of the above statement of law the conclusion is inevitable that the remedy of appeal provided under section 169 of the act for which a pre-requisite condition is the deposit of amount in dispute in view of section 170(b) of the act is too onerous to be called an adequate or efficacious alternative remedy. ..... at best it may be argued that in view of the remedy of appeal provided under section 169 of the act a party should have recourse to the said remedy. ..... possibly it could be argued that in view of the provision of appeal contained in section 169 of the act a civil suit to challenge the levy and assessment of tax under the act should be impliedly taken as barred. ..... in spite of the bar prescribed under sub-sections (4) and (5) of section 343 and section 347-e of the corporation act over the power of the courts, under certain special circumstances, the court can examine, whether the dispute falls within the ambit of the act. .....
Tag this Judgment!Court : Chennai
Reported in : (2009)5MLJ1336
..... (2007)iillj23sc (national institute of technology ..... 13 of 2001 before the rent controller (district munsif court), periyakulam, under sections 10(2)(i) and 10(2)(ii)(a) of the tamil nadu buildings (lease and rent control) act, 1960, contending that the petitioner herein committed wilful default in payment of rent to ..... the learned counsel also submitted that as per the explanation to section 22 of the tamil nadu court fees and suit valuation act, 1955, the claim being realisation of money, the respondent has to file civil suit by paying court fee and shall obtain a decree and in this case, no money suit is filed before the ..... is defined under section 2(3) of the tamil nadu buildings (lease and rent control) act, 1960, as follows:section 2(3) 'controller' means any person appointed by the government, by notification, to exercise the powers of a controller under this act for such area as may be specified in the notification.it is evident that even though a civil judge is appointed by the government by notification as rent controller, he is only a designated authority under the tamil nadu buildings (lease and rent control) act, 1960, i.e ..... . thus on construction of relevant provisions of the act and in the light of the position in law it must be held that the provisions of section 13 of the act apply to the building leased out to the appellant by the landlord and the controller was the competent authority to pass a decree of ejectment against the appellant and the civil court lacked .....
Tag this Judgment!Court : Kerala
..... . once the panels were filed, national institute of technology, trichi was chosen by the appellant, from the names given by the appellant though the name of the expert was not disclosed at that ..... mechanism, strictly applicable to defence services, which cannot form the basis nor even scrutiny at the instance of any third party, is the submission of the central government standing counsel to contend that the arbitrator has acted illegally in relying upon the recommendation of the board discarding the objections raised thereto by the appellant. 4. challenges raised before the court below to impeach the award as unsustainable on grounds that the claimant had ..... the award passed by the arbitrator was challenged by the appellant under section 34 of the arbitration and conciliation act, 1996, for short, `the act', on various grounds, before the court below, the 1st additional district judge, ernakulam ..... that being so, we find, in the present appeal where both sides accept that the award is challengeble under section 34 of the act dehors defence regulations 569(k), no further dilation as to whether it has applicability or not is called for ..... are not capable of any precise definition ..... . in the communication bearing no.810230/arbitration/876/e8 dated 31.08.2007 addressed to the arbitrator taking exception to the order of the arbitrator for not furnishing copy of the report of the expert to the parties to the arbitration, the appellant has specifically made a request for such report .....
Tag this Judgment!Court : Karnataka
..... court in the case of 41 national institute of technology v. ..... is not warranted; (d) certain preconditions or qualifications for tenders have to be laid down to ensure that the contractor has the capacity and the resources to successfully execute the work; and (e) if the state or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by court is very restrictive since no person can claim a fundamental right to carry on business with the government.24. ..... by definition means the making valid of an act already ..... no doubt, the bodies which are state within the meaning of article 12 of the constitution are bound to act fairly and are amenable to the writ jurisdiction of superior courts but this discretionary power must be exercised with a great deal of restraint ..... by definition means the making valid of an act already ..... if the state acts within the bounds of reasonableness, it would be legitimate to take into consideration the national priorities; 2 (2012) 8 scc21629 (b) fixation of a value of the tender is entirely within the purview of the executive and the courts hardly have any role to play in this process except for striking down such ..... state of orissa, reported in (2007) 14 scc517 that while invoking power of judicial review in matters as to tenders or award of contracts, certain special features 35 should be borne in mind that evaluations of tenders and awarding of contracts are essentially commercial functions and principles .....
Tag this Judgment!Court : Karnataka
..... court in the case of 41 national institute of technology v. ..... is not warranted; (d) certain preconditions or qualifications for tenders have to be laid down to ensure that the contractor has the capacity and the resources to successfully execute the work; and (e) if the state or its instrumentalities act reasonably, fairly and in public interest in awarding contract, here again, interference by court is very restrictive since no person can claim a fundamental right to carry on business with the government.24. ..... by definition means the making valid of an act already ..... no doubt, the bodies which are state within the meaning of article 12 of the constitution are bound to act fairly and are amenable to the writ jurisdiction of superior courts but this discretionary power must be exercised with a great deal of restraint ..... by definition means the making valid of an act already ..... if the state acts within the bounds of reasonableness, it would be legitimate to take into consideration the national priorities; 2 (2012) 8 scc21629 (b) fixation of a value of the tender is entirely within the purview of the executive and the courts hardly have any role to play in this process except for striking down such ..... state of orissa, reported in (2007) 14 scc517 that while invoking power of judicial review in matters as to tenders or award of contracts, certain special features 35 should be borne in mind that evaluations of tenders and awarding of contracts are essentially commercial functions and principles .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(4)AWC3951(SC); 2008(56)BLJR2851; JT2008(9)SC445; (2008)8MLJ47(SC); 2008(12)SCALE252; (2008)9SCC54; 2008(2)LC1057(SC); 2008(5)LH(SC)3645; 2008AIRSCW6184
..... air2005sc3708 and national institute of technology and ors ..... case having been listed in the scheduled castes order as it now stands, it is not open to the state government or, indeed, to this court to embark upon an enquiry to determine whether a section of ezhavas/thiyyas which was called thandan in the malabar area of the state was excluded from the benefits of the scheduled castes order.in addl. ..... has no application to a case which does not relate to an admission to an educational institution, but relates to securing employment by wrongly claiming the benefit of reservation meant for schedule ..... and set aside the order of director, tribunal research and training institute, pune by referring the similar case of milind sharad katware v. ..... dixitulu : [1979]1scr26 wherein this court, while discussing the effect of section 11 of the cpc on a pure question of law or a decision given by a court without jurisdiction, opined:.moreover, this is a pure question of law depending ..... committee stated:the halba/ halbi tribe, as per the constitution (scheduled tribes) order, (1950) read with part - ix of the second schedule to the scheduled castes, scheduled tribes order (amendment) act (1976) has been declared a scheduled tribe in the state of maharashtra and has appeared at sr. no. ..... whereas leave has been granted and notice had been issued on 16.04.2007 in the order 26.06.2006, the same has been declined in respect ..... nimje : 2007(2)scale214 , it was held that a person cannot get a benefit to which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC1153; [2009(1)JCR171(SC)]; JT2008(12)SC642; (2009)IIILLJ54SC; RLW2009(2)SC1623; 2008(15)SCALE39; 2009(2)SLJ243(SC):2009AIRSCW390:2009(2)LHSC751
..... national institute of technology ..... indisputably, the settlement was arrived at by and between the management and the workmen on 8.08.1995 in terms of section 12(3) of the industrial disputes act, 1947, para 9.2(f) whereof reads as under:9.2 the employees covered by this settlement shall continue to be entitled to the benefits admissible under the workmen's compensation act, 1923 and the previous settlement as below:(f) in case of death or permanent total disablement due to accident arising out of and in course of employment, employment to one of his ..... difficult to hold that a subsequent event and that too by raising a presumption in terms of section 108 of the evidence act can give rise to fructification of claim, save and except in very exceptional cases.18. ..... settlement entered into by and between the management and the employees having regard to the provisions contained in section 12(3) of the industrial disputes act is binding both on the employer and the employee. ..... essential ingredients for such finding and the tests attracting the provisions of section 3 of the act. ..... hence the section imports a distinction which it ..... under section 3(1) it has to be established that there was some causal connection between the death of the workman ..... if the accident had occurred on account of a risk which is an incident of the employment, the claim for compensation must succeed, unless of course the workman has exposed himself to an added peril by his own imprudent act...it was furthermore held:6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC3121; [2009(121)FLR1000]; JT2009(13)SC573; (2010)5MLJ1213(SC); 2009(8)SCALE503; (2009)7SCC205; 2010(1)SLJ43(SC):2009AIRSCW5014
..... . in umarani case the supreme court observed that the compassionate appointment of a woman whose husband deserted her would be illegal in view of the absence of any scheme providing for such appointment of deserted women.in national institute of technology v ..... . the contention raised by the learned counsel for the respondents before us is that a daily wager working for a long time would also come within the purview of the definition of 'government servant' and in any event leeladhar pandy had been put on a regular scale of pay and was holding an appointment against a regular vacant post, although no such contention had been raised before the high ..... authorities ought to adopt a positive approach coupled with an empathy for the person.also, in the matter of regularisation, the main concern of the court is to see that the rule of law is respected and to ensure that the executive acts fairly and gives a fair deal to its employees consistent with the requirement of articles 14 and 16 of the constitution ..... they are, in our opinion, not covered in the definition of the `government employee'.28. ms ..... the question which should have been posed is as to whether daily wagers are included within the definition of 'government servant' ..... rule 2 provides for definitions ..... ., settlement (c) section, lucknow vide its office order memo. no ..... prahalad mani tripathi : (2007)6scc162 had held:7 ..... . niraj kumar singh : (2007)iillj23sc , this court had held:14 ..... jaspal kaur : (2007)2llj385sc }.23 ..... . workmen : (2007)1scc408 has held .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2588; JT2007(6)SC182; 2007(6)SCALE236; 2007AIRSCW4604
..... : (2007)2llj1052sc and national institute of technology and ors. v. ..... even a policy decision taken by the state in exercise of its jurisdiction under article 162 of the constitution of india would be subservient to the recruitment rules framed by the state either in terms of a legislative act or the proviso appended to article 309 of the constitution of india. ..... attitude taken by the authorities in not considering the retrenched employees like the applicants in preference to others in terms of the aforesaid resolution of the government is not proper and we may further say that they have committed acts of injustice to the applicants as well as other retrenched candidates. ..... niraj kumar singh : (2007)iillj23sc , punjab state warehousing corporation chandigarh v. ..... : [2007]289itr8(sc) and u.p. ..... : (2007)2llj519sc . ..... : 2007(4)scale1 18. .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(1)AWC1027; [2008(117)FLR34]
..... in national institute of technology and ors. v. ..... : air2007sc1421 it was held that the employer cannot be directed to act contrary to the terms of its policy governing compassionate appointment nor can the compassionate appointment be directed de hors the policy.19. ..... the petitioner, aggrieved by the judgment dated 21.8.2007 passed by the central administrative tribunal, allahabad bench, allahabad in original application no. ..... niraj kumar singh : (2007)iillj23sc the hon'ble apex court quoted with approval a full bench decision of andhra pradesh high court in the case of govt. of a.p. v. d. ..... somvir singh : (2007)iillj230sc reiterating the above exposition of law the hon'ble apex court in para 10 held as under:.in our considered opinion the claim for compassionate appointment and the right, if any, is traceable only to the scheme, ..... jaspal kaur : (2007)2llj385sc the hon'ble apex court in para 27 observed as under:hence a major criterion while appointing a person on compassionate grounds should be the financial condition of the family the deceased person left behind. .....
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