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Gramvasi Gram Khari Gram Panchayat Dhamni and Others Vs. The Collector ...

Court : Chhattisgarh

..... in the return filed by the respondents the grounds of challenge has been resisted on the submission that the notifications have been affixed in the notice board of the gram panchayats and the same was also made known to the villagers by beating of drums, therefore, the villagers having been noticed about the proposed changes; there is substantial compliance of the provisions of section 125 of the adhiniyam and rule 3 of the ..... in some cases, challenge to the change of headquarter has been raised on the ground of convenience/inconvenience; constitution of new panchayat has been assailed on the ground that the same is having population of less than 1000; fixing of headquarter has been assailed on the ground that the dependent village has more population than the village where headquarter is established, which is not permissible. ..... in view of the above, while holding that the concerned collectors have made substantial compliance with respect to publication of proposal by affixing the same in the notice board of the panchayat and for the fact that the exercise is legislative in character and the limited scope of judicial review as held by the supreme court in rakesh kumar keshari (supra), rajdhar singh ( ..... by affixture in the notice board of the concerned gram panchayat has been followed by the respondents, the same would amount to substantial compliance with the requirement relating to publication of proposal. 19. .....

Gramvasi Gram Khari Gram Panchayat Dhamni and Others Vs. The Collector ...

Court : Chhattisgarh

..... in the return filed by the respondents the grounds of challenge has been resisted on the submission that the notifications have been affixed in the notice board of the gram panchayats and the same was also made known to the villagers by beating of drums, therefore, the villagers having been noticed about the proposed changes; there is substantial compliance of the provisions of section 125 of the adhiniyam and rule 3 of the ..... in some cases, challenge to the change of headquarter has been raised on the ground of convenience/inconvenience; constitution of new panchayat has been assailed on the ground that the same is having population of less than 1000; fixing of headquarter has been assailed on the ground that the dependent village has more population than the village where headquarter is established, which is not permissible. ..... in view of the above, while holding that the concerned collectors have made substantial compliance with respect to publication of proposal by affixing the same in the notice board of the panchayat and for the fact that the exercise is legislative in character and the limited scope of judicial review as held by the supreme court in rakesh kumar keshari (supra), rajdhar singh ( ..... by affixture in the notice board of the concerned gram panchayat has been followed by the respondents, the same would amount to substantial compliance with the requirement relating to publication of proposal. 19. .....

Mohd. Akbar Etc. Etc. Vs. State of Chhattisgarh and anr.

Court : Chhattisgarh

Reported in : AIR2007Chh39; 2007(2)MPHT1

..... is apparent that if a state legislature enacted a law and that was annulled by high court of the same state, the same legislature had power to legislate validating statute by removing or curing the vitiating factor noticed by the court. ..... this manner, the legislature of the state of chhattisgarh could not introduce verbatim the same amendment to section 49 of the act in the manner in which it did.65. ..... conversely, if the amendment has the effect of unreasonably denying the opportunity to elected members of managing the affairs of the society, the same would also be subversive of democratic process. ..... 14 of 1990 was in force nor the same law which was, after annulment of relevant amendment by the court, applicable up to enforcement of amendment act ..... should, therefore, be clear that if the impugned amendment has the effect of avoiding management monopoly of any individual or group of persons, the same would not be unreasonable or unjust. ..... having perused the same with due consideration, i regret my inability to agree with the opinion of deshmukh, ..... cannot, by any stretch of imagination, be said to be a validating legislation inasmuch as it does not remove any defect which the court had found in the previous law in anurudh prasad shastri (supra) and reproduces verbatim the same amendment. ..... the same was the question involved in that judgment whereas in the instant case, that is not the question for ..... it debars former elected members to continue next term without being elected afresh for the same. .....

V.K. Walnekar and ors. Vs. Bilaspur Raipur Kshetriya GramIn Bank and a ...

Court : Chhattisgarh

Reported in : AIR2006Chh92

..... it is also argued that this high court has assumed jurisdiction by adapting the 'law of letters patent' as the same was law in force, therefore, this high court has nothing to do with the provisions of act of 1981 which took away the jurisdiction of letters patent appeals and was ultimately held to be valid by the ..... into the provisions of the act and we are of the opinion that the provisions of the act are the suggestive of the fact the high court of chhattisgarh is a new creation and the same cannot be said to be or deemed to be the successor high court of the high court of madhya pradesh. ..... not being proper for public inspection, are closed up and sealed on the outside, and are thereupon called writs close, literae clausae, and are recorded in the close rolls, in the same manner as the others are in the patent rolls. ..... as intra-vires and valid, the letters patent appeals would not be maintainable even otherwise also.in our opinion, it is a settled principle that the decision of the high court remains effective till the same is reversed by the supreme court. ..... the above discussion, the arguments advanced that by way of 'practice and procedure' the letters patent of madhya pradesh high court would be applicable to the high court of chhattisgarh cannot be accepted and same is being turned down. ..... with the saving clause, the same is also quoted as under:33 ..... letters patent confers a right of appeal on a litigant against any judgment passed under any act unless the same is expressly excluded. .....

V.G. Tamaskar Vs. High Court of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : AIR2006Chh153

..... but to ensure that henceforth the designation or non-designation of an advocate as senior advocate by the high court of chhattisgarh is transparent, it be appropriate if the high court frames guidelines for designation of an advocate as senior advocate and notifies the same to all concerned including the advocates practising in the high court and district courts as has been done in other high courts. ..... we are thus not in a position to interfere with the same.10. mr. ..... unless, the said opinion is shown to be vitiated by mala fide or extraneous considerations, this court in exercise its powers under article 226 of the constitution will not interfere with the same. .....

Kamta Prasad Choubey Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : AIR2004Chh37; 2004(2)MPHT26(CG)

..... not suffer from the vice of arbitrariness and malafide and orders are not passed on the irrelevant and non-existence grounds, therefore, all the above writ petitions are liable to be dismissed and the same are dismissed.

Sardar Jaswant Singh Ajmani Vs. Public Service Commission and ors.

Court : Chhattisgarh

Reported in : 2001(5)MPHT30(CG)

..... they have answered their questions rather well in accordance with their merit already displayed in no objective, foolproof or unimpeachable parameter available to the said respondents for convincingly assessing the actual merit of the candidates if the same is not in approximation of the marks obtained in the preliminary and main examinations. .....

M/s. Jayaswal Neco Industries Ltd. Vs. State of Chhattisgarh and Anoth ...

Court : Chhattisgarh

..... since the requirement, in the instant case, of obtaining prior permission is mandatory, therefore, noncompliance with the same must result in cancelling the concession made in favour of the grantee, the respondent herein. ..... the respondent/state government thereafter issued an exemption certificate on the same day in which condition has been incorporated that in violation of any conditions of the industrial policy, the eligibility of exemption granted would come to an end automatically. ..... in the present case, muul did not fulfill the requisite conditions as laid down in the exemption certificate as it has neither consumed electrical energy for its own purpose nor sold the same to a third party i.e. .....

S.K. Sharma Vs. State of Chhattisgarh Through: Principal Secretary and ...

Court : Chhattisgarh

..... are of the opinion that so long the order dated 8.8.2005 is not set-aside or quashed or declared illegal or void, the same would carry its full force, and even after the said interim order granted in the writ petition the implementation of the order dated ..... be hypothetically a nullity and even if its invalidity is challenged before the court in a given circumstance, the court may refuse to quash the same on various grounds including the standing of the petitioner or on the ground of delay or on the doctrine of waiver or any other legal ..... which the appellant was finally allocated to the state of chhattisgarh by the state government of madhya pradesh in the above manner, is set-aside or quashed or declared null and void or non-est, the same would have binding effect on all parties concerned, including the state of chhattisgarh, and one cannot ignore the ..... shrivastava has contended that even if the said order dated 8.8.2005 was incorrect or it was wrong on merits, the same could not have been ignored by any authority or government or the law department of state of chhattisgarh while taking any decision in which the ..... emerges that even if the order/notification is void/voidable, the party aggrieved by the same cannot decide that the said order/notification is not binding upon it. ..... position by saying that one of the chief reasons behind the doctrine of precedent is that once a matter is fully argued and decided the same should not be reopened and mere casual expressions carry no weight. 45. .....

Ram Pravesh Shrivastava Vs. South Eastern Coalfields Ltd. and ors.

Court : Chhattisgarh

Reported in : AIR2007Chh67; 2008(3)MPHT108

..... from a judgment or order passed by one judge of the high court in exercise of original jurisdiction under article 226 of the constitution of india, to a division bench comprising of two judges of the same high court.provided that no such appeal shall lie against an interlocutory order or against an order passed in exercise of supervisory jurisdiction under article 227 of the constitution of india. ..... is intrinsic evidence to show that the legislature in enacting the court fees act used the term 'decree in the same sense as it was used in section 2(2) of the code of civil procedure, 1908 or in the code obtaining ..... of court-fee in memo of appeal from the judgment/order passed by a single judge of this high court in exercise of the original jurisdiction to a division bench of the same high court.learned single judge of this high court passed a final order dated 5-7-2006 in writ petition no. ..... (appeal to division bench) act, 2006an act to provide for an appeal from a judgment or order passed by one judge of the high court in exercise of the original jurisdiction to a division bench of the same high court.be it enacted by the chhattisgarh legislature in the fifty-seventh year of the republic of india as follows:1. ..... has been instituted in the high court for invoking power and jurisdiction under article 226 of the constitution of india are, so far as payment of court fees is concerned, one and the same and they cannot be distinguished for payment of the court fees on different yardsticks.19. .....