Judgment Search Results Home > Cases Phrase: state of mizoram act 1986 Page 6 of about 787 results (0.115 seconds)

Swastik Agency and 2 ors. Vs. State Bank of India, MaIn Branch and 3 o ...

Court : Orissa

Reported in : AIR2009Ori147; 107(2009)CLT250; 2009(II)OLR201

..... air 1980 sc 327; state of mizoram v. ..... : [1994]1scr857 , the apex court held as under:a court of equity, when exercising its equitable jurisdiction under article 226 of the constitution must so act as to prevent perpetration of a legal fraud and the courts are obliged to do justice by promotion of good faith, as far as it lies within their ..... : air2007sc712 , the apex court explained the scope of various provision of the act, 2002 and the rules observing that the act provides for recovery of possession by non-adjudicatory process; therefore, to say that the rights of the borrower would be defeated without adjudication would be ..... unless the court is satisfied about the adequacy of the price the act of confirmation of the sale would not be a proper exercise of judicial discretion....therefore, valuer is to apply its mind to this aspect and the conduct of sale should not amount to material ..... is settled law that when the action of the state or its instrumentalities is not as per the rules or regulations and supported by the statute, the court must exercise its jurisdiction to declare such an act to be illegal and invalid.47. ..... air2000sc3243 , the apex court observed that once the basis of a proceeding is gone, all consequential acts, actions, orders would fall to the ground automatically and this principle of consequential order which is applicable to judicial and quasi-judicial proceedings is equally applicable to administrative orders.similar view has been reiterated in state of kerala v. .....

Chander Prakash Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1999Raj349; 1999(3)WLC563; 1999(1)WLN564

..... state of punjab, (1986) 4 scc 326 : (air 1986 sc 2160), state of mizoram ..... for passing the impugned orders as law provides that upon consideration of the report prepared under sub-rule (1) of rule 22 or 'otherwise' the government can form the opinion that the action under section 38 (1) of the act, 1994 was required to be taken, thus, it is the word 'otherwise' on the basis of which the government was also competent to take into consideration any material before it submitted by any person and to form an opinion ..... suspension order, thus he could not file an effective written statement/reply; provisions of section 38 (1) of the rajasthan panchayati raj act, 1994 (hereinafter referred to as 'the act, 1994') contemplate a condition precedent that an enquiry under rule 22 (2) can be held only after completing all legal requirements, which include holding a preliminary enquiry by the state gov-ernment; considering the report; preparing the charges and serving the same on delinquent for filing his written ..... of rule 22 the rules, 1996 make it crystal clear that even if the state government is in possession of some material or has received/secured/procured by it 'otherwise' than report of the preliminary enquiry as contemplated under rule 22( 1), it can consider the same and form the opinion whether action under section 38(1) of the act was warranted and if it forms the opinion to proceed with it, the state government is to take recourse to the procedure provided therein and can also pass .....

S.D. Bandi Vs. Divisional Traffic Officer, Ksrtc and ors.

Court : Supreme Court of India

..... to, or taken on lease or requisitioned by, or on behalf of, the central government, and includes any such premises which have been placed by that government, whether before or after the commencement of the public premises (eviction of unauthorised occupants) amendments act, 1980, under the control of the secretariat of either house of parliament for providing residential accommodation to any member of the staff of that secretariat; (2) any premises belonging to, or taken on lease by, or on behalf of,- (i) any company as defined in section 3 of the ..... j) the state of sikkim said not k) the state of mizoram said that it will bring about the amendment if the supreme court directs. ..... 28) the following suggestions would precisely address the grievances of the centre and the state governments in regard to the unauthorized occupants: suggestions: (i) as a precautionary measure, a notice should be sent to the allottee/officer/employee concerned under section 4 of the pp act three months prior to the date of his/her retirement giving advance intimation to vacate the premises. ..... in this regard, apart from the provisions under the act, there are provisions under the public demand recovery act and revenue recovery act which can be applied for the recovery of the arrears as arrears of land revenue, because if the totality of the government houses in all the states of india are taken into account, the amount due works out to several crores. v. .....

Nimmaka Jayaraju Vs. Chief Minister of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2006(5)ALT661

..... at paras-45, 46,113 and 114 observed as hereunder:the object of collective responsibility is to make the whole body of persons holding ministerial office collectively, or, if one may so put it, 'vicariously' responsible for such acts of the others as are referable to their collective volition so that, even if an individual may not be personally responsible for it, yet, he will be deemed to share the responsibility with those who may have ..... learned senior counsel also pointed out to sections 10, 11 and 12 of the andhra pradesh (scheduled castes, scheduled tribes and backward classes) regulation of issue of community certificates act, 1993 (hereinafter, for short, referred to as '1993 act' for the purpose of convenience) and would maintain that the district collector being competent authority to initiate action, if the 7th respondent continues as cabinet minister, the concerned ..... of powers under article 162, observed that the persons holding high public offices should scrupulously follow the code as their moral obligation and when ever their acts are questioned, they should not take shelter under criminal law like ordinary criminals, and when there is a conflict between the office they hold and the ..... state of mizoram ..... aspects of satisfaction of governor and the nature and scope of the executive powers and the same partaking the legislative or certain judicial acts also and the separation of powers and the limits thereof had been elaborated by the 5 judge bench of the apex court in .....

Smt. Kesari Devi W/O Shri Gulab Singh, Chairman, Zila Panchayat Vs. St ...

Court : Allahabad

Reported in : 2005(4)AWC3563; 2005(3)ESC2209

..... she had not been apprised of any government order or circular in this regard and the subordinate staff was responsible for this, there was no occasion either for the inquiry officer or for the state government to hold her guilty merely on the ground that even if she had not been apprised of any government order or circular, she should not have spent a huge amount on repairing of the car ..... director, higher education, uttar pradesh decided by the hon'ble supreme court on 6th april, 2003, wherein the apex court has held that as the state government had been party in the writ proceedings, before proceeding further, the state should have presented its view before the high court and waited for the orders, or it ought to have taken permission from the high court to proceed with the matter. ..... : 1986crilj2037 ; state of mizoram v. ..... abdul gani lone, : [1980]1scr1177 , the hon'ble supreme court, while considering the provisions of sub-section (3) of section 89 of the j&k; representation of people act, 1957, held that the difference between a mandatory and directory rule is that the former requires strict observance while in the case of latter, substantial compliance of the rule may be enough and where the statute ..... state of rajasthan, : (1986)iillj390sc , the apex court held that even in a domestic inquiry the charge must be clear, definite, and specific as it would be difficult for any delinquent to meet the vague ..... sahasranaman, : (1986)iillj316sc ; paluru ramkrishnaiah ..... : (1986)illj101sc ) .....

Prof. Ramesh Chandra, Vice Chancellor Bundelkhand University Vs. State ...

Court : Allahabad

Reported in : 2007(4)AWC3181

..... to the provision of sub-section (6) if the chancellor on consideration of any document or material referred to in sub-section (7) of this section include any report of an inquiry held before the commencement of this act, is of opinion that the executive council has failed to carry out its functions or has abused its powers, he may,: after giving it an opportunity of submitting a written explanation, order that in supersession of the ..... by adopting that mode which best serves the interest and even if the statute is silent as to how the discretion should be exercised, then too the authority cannot act whimsically or arbitrarily and its action should be guided by reasonableness and fairness because the legislature never intend that its authorities could abuse the laws or use it unfairly. ..... state of mizoram ..... jhansi could have at best persuaded the chancellor to form an opinion that the vice-chancellor had wilfully omitted or refused to carry out the provisions of the act or abused the power vested in him but after having formed such an opinion it was imperative for the chancellor to have caused a proper enquiry in the matter.16. ..... sri neeraj tripathi, learned counsel appearing for the chancellor of the university, however, submitted that there is no particular procedure provided under section 12(12) of the act for removal, of the vice-chancellor of the university and wide discretion has been given to the chancellor of the university to pass an order after making such enquiry as he deemed .....

Shaughnessy Vs. Pedreiro

Court : US Supreme Court

..... we should read this as expressing a congressional purpose to give the word "final" in the 1952 act precisely the same meaning heikkila gave "final" in the 1917 act, and thereby continue to deprive deportees of all right of judicial review except by habeas corpus. ..... heikkila contended that this narrow right of review of deportation orders under the 1917 act had been broadened by 10 of the 1946 administrative procedure act, which authorizes review of agency action by any appropriate method "except so far as (1) statutes preclude judicial ..... " it is more in harmony with the generous review provisions of the administrative procedure act to construe the ambiguous word "final" in the 1952 immigration act as referring to finality in administrative procedure, rather than as cutting off the right of judicial review in ..... this court had construed the word "final" in the 1917 act as precluding any review except by habeas corpus, it held that the administrative procedure act gave no additional remedy, since 10 excepted statutes that precluded ..... for the district court to pass on another ground urged for dismissal -- that the immigration and nationality act of 1952 precluded judicial review of deportation orders by any method except habeas corpus. ..... moreover, the report also states, at page 30, that "the bill ..... 48 certiorari to the united state court of appeals for the ..... a report by the senate committee on the judiciary entitled the immigration and naturalization systems of the united states, s.rep. no. .....

Bakaram Jangaiah and Others Vs. Gunde Laxmamma (Died) by Lrs.

Court : Andhra Pradesh

Reported in : 1999(3)ALD381; 1999(3)ALT375

..... ex.b2 shows that the document in favour of gunde lakshmanuna namely ex.a2 has been recited (herein and it is stated that tahsildar has issued orders as in kx.bl stating that the landlord cannot sell the landwithout the consent of the tenant and that the tenant has got the very fist right to purchase but not others. ..... this court considered this very situation in the judgment cited supra (3) and held:'it is mandatory under section 38-d of the act for the landholder, to give notice in writing of his intention to sell the lands and offer to sell them to the respondents and admittedly no such offer was made. ..... thus, i hold that no valid title is conveyed to the respondent gunde lakshmamma through ex.a2, it is noteworthy that section 50(b) of the act provided for validation of all transactions which are otherwise invalid either for want of sanction under section 47 or for want of registration or stamp-duty. ..... both the parties have stated that no such validation under section 50(b) of the act was sought for in this case. ..... aggrieved by the above order, the revision petitioners filed an appeal under section 90 of the act to the joint collector, ranga reddy district raising as many as 14 grounds, the learned joint collector considered the contentions of both parties and affirmed the order of the mandal revenue officer dated 2.1.1987 anddismissed the ..... k.susheela bai and others - 1986 (1) alt 44, subham reddy v. .....

Arun Kumar Nigam Vs Dig. Genl. Central Industry Security Fores and ors ...

Court : Delhi

..... or unfit for the same; or(ii) award any one or more of the following punishments to any [enrolled member] of the force who discharges his duty in a careless or negligent manner, or who by any act of his own renders himself unfit for the discharge thereof, namely :-(a) fine to any amount not exceeding seven days pay or reduction in pay scale;(b) drill, extra guard, fatigue or other duty; (c) removal from ..... a member of the cisf, who was sent on deputation to delhi police, was subject to the same responsibilities, discipline and penalties as would have been applicable to him under the cisf act, 1968, even while on deputation and that his alleged misconduct could not have been enquired into by the delhi police, much less by invoking the provisions of the delhi police (punishment ..... charge of the managing director: provided that in the case of an undertaking owned, controlled or managed,--(i) by a government company of which the central government is not a member;(ii) by a corporation established by or under a provincial or state act, no such request shall be entertained unless it is made with the consent of the government of the ..... reliance on the pronouncement of the apex court reported at (1986) 3 scc 229 kashinath dikshita v ..... on the pronouncement of the supreme court reported at air 1986 sc 1173 ram chander v ..... ( ..... the kerala high court reported at 1986 lab.i.c. ..... armed police on 6th november, 1985 and was sent to the delhi armed police, 6th battalion with effect from 7th february, 1986. .....

Rajasthan State Road Transport Corporation Vs. Virendrakumar Singh

Court : Rajasthan

Reported in : AIR1985Raj170; 1985(2)WLN355

..... person, whose property has been damaged in an accident covered by section 110 of the act is entitled to full compensation for restoring the property damaged to its original condition. ..... counsel appearing for the corporation could not lay hands on a single authority that a claim in respect of damages to the property after the amendments introduced in section 110 of the act in 1969 was not within the jurisdictional competence of the claims tribunal. ..... learned judges of the madhya pradesh high court took the view that claims tribunal under the act has jurisdiction to award compensation for loss or damages to the property. ..... this appeal under section 110d, motor vehicles act, 1939 (hereinafter referred to as 'the act') is directed against an award of the claims tribunal, jodhpur ..... objection was repelled by a learned single judge of this court and it was held that the claims tribunal under the act has jurisdiction to adjudicate upon the claim relating to property. ..... controller, karnataka state road transport corporation hubli ..... /-virendrakumar singh presented an application under section 110-a of the act before the tribunal, claiming a sum of rs. ..... briefly stated, the relevant facts giving rise to this appeal are that virendrakumar singh is a registered owner of truck rjl ..... haryana state v. ..... he stated that the truck was found damaged as per details given in his report ..... he stated that the price of the articles mentioned therein is according in price list issued by the manufacturer of those parts. .....