Judgment Search Results Home > Cases Phrase: state of nagaland act 1962 Page 26 of about 251 results (0.059 seconds)

State of Manipur and ors. Vs. Khumanlambam Nilaroton Singh

Court : Guwahati

..... and in the case of state of nagaland v. ..... for protecting the interest of many more, the interest of an individual like the respondent-writ petitioner, has to be hampered till the substantial justice is done as the apex court said that state cannot be put on the same footing as an individual like the respondent writ petitioner. ..... makes out a case where public interest was shown to have suffered owing to acts of fraud or bad fate on the part of its officers or agents and where the officers were clearly at ..... (supra) are totally different from the reasons stated in this instant petition by the state, we are unable to agree with the ..... explanation for the delay was either reasonable or satisfactory, which is essential prerequisite to condonation of delay and the apex court was also not satisfied with the explanation given by state respondents after 12.5.1995 in their application for condonation of delay. ..... ayisumma reported in : air1996sc2750 , wherein the apex court stated that it is now settled law that when the delay was occasioned at the behest of the government, it would be very difficult to explain the day today delay as the transaction of the business ..... by this application under section 5 of the limitation act, 1963 read with rule 2(2) of chapter v-a of the rules of gauhati high court, the petitioner prays for condonation of delay of 554 days in preferring the appeal against the judgment and order dated ..... litigant, must take responsibility for the acts or omissions of its officers. .....

Rajesh Kumar Agarwal Vs. Yan Tikhok and ors.

Court : Guwahati

..... matter was also clarified by a constitution bench of the apex court in the state of nagaland v. ..... baruah further submitted that the provisions of the court fees act, 1870 are not applicable in the state of arunachal pradesh and, therefore, question of payment of any court fee against the counter claim does ..... , learned counsel submitted that the transfer of property act, 1882, the indian contract act, 1872, the power of attorney act, 1882, the court fees act, 1870 and the suit valuation act, 1887 are not applicable in the state of arunachal pradesh. ..... fees act, 1870 has not been brought into force in the state of arunachal pradesh by any resolution/notification by the state government. ..... far the mortgage is concerned, it may be mentioned here that the mortgage of the petrol pump including the land to a non-tribal is also not permissible in the state of arunachal pradesh. ..... appointed as dealer for the retail outlet by the indian oil corporation against the quota fixed to uplift the tribal community in the state of arunachal pradesh. ..... in the state of arunachal pradesh, disputes arc resolved as per provisions of the assam frontier (administration of justice) regulation ..... favour of plaintiff has created any legal right to plaintiff in arunachal pradesh where power of attorney act is not applicable ? ..... favoaur of plaintiff has created any legal right to plaintiff in arunachal pradesh where the transfer of property act is not applicable ? ..... this act on the part of the ..... of the specific relief act. .....

Chanchal Singh Vs. Union of India (Uoi) and ors.

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ381

..... the accused and until the expiry of a period of- (i) three weeks, in the case of a notice given to a commandant in command of a unit or detachment located in any of the following areas, that is to say- (a) state of nagaland; (b) mizo hill, garo hill, khasi and jsintia hill and north cachar hill districts of assam, or (ii) ten days in the case of a notice given to any other commandant in command of a unit or detachment located elsewhere in india ..... gives notice to such magistrate that in the opinion of such authority the accused should be tried by a border security force court, such magistrate if he has not before receiving such notice, done any act or made any order referred to in rule 4, shall stay proceedings and, if the accused ins in his power or under the control, shall in the like manner deliver him, with the statement prescribed ..... similarly under rule 5 where the commandant of the accused or the competent authority gives notice to the magistrate before the magistrate has done any act or made any order, that in the opinion of such authority the accused should be tried by a border security force court the magistrate is bound to stay the proceedings ..... procedure on notice to the magistrate -- where within the period mentioned in rule 4 above, or at any time there-after before the magistrate has done any act or made any order referred to in that rule, the commandant of the accused or the competent authority, as the case may be, gives notice to the magistrate that in the opinion of .....

State Vs. Rajender and anr.

Court : Delhi

..... scc 107 and state of nagaland v. ..... of the prosecutrix with ranjeet was in the nature of a permanent stay and that is why she changed her name and used to address mamta as mummy, which was also admitted and stated by her in her cross- examination.the plea of the prosecution that the prosecutrix was a minor was also disbelieved. ..... the trial court has also relied on the fact that as per the case of prosecution, ranjeet had stated in his complaint that mamta had taken away his wife but no investigation was made regarding the allegations made ..... this court has heard the learned counsel for the state in detail and has perused the trial court record, specially the testimonies of the ..... this is an application seeking condonation of delay under section 5 of the limitation act in filing the petition for leave to appeal against the judgment dated 19th april, 2010.the applicant has contended that he has a prima facie case and the petition seeking leave ..... pw-9 also reveals that accused ranjeet was not coming to their house in a drunken state nor did he have an evil eye on his sister. ..... had placed a cloth on her mouth to make her unconscious, instead she stated that she was put under a spell by ashok. ..... the applicant has contended that the state government is the impersonal machinery working through its officers or servants hence it cannot be put on the same footing as an individual.considering the facts and circumstances and law cited by the applicant, there ..... rajender did not commit any wrong act with her. .....

M/S. Shell India Markets Pvt. Ltd. and Another Vs. the Central Provide ...

Court : Karnataka

..... for the 4th respondent would contend that ground of constitutional validity challenged by the petitioner is unsustainable since no ground has been made out to question the correctness of subordinate legislation and pursuant to amendment brought to epf act by section 5(1), the scheme has been brought about and same being subordinate legislation the constitutional validity is to be presumed unless rebutted with cogent reasons and he would elaborate his submission contending that no such rebuttal ..... purview of the act in exercise of the power conferred under paragraph 79 of the scheme and later on same has been withdrawn on the ground that condition no.25 of appendix a has been violated by the petitioner which according to him is erroneous, illegal and ..... murthy, learned senior counsel that petitioner no.1 has created its own trust which is beneficial comparatively more beneficial to its employees than provided under the scheme and as such exemption of the applicability of the act was sought for and said application has been forwarded to the fourth respondent by second respondent and as an interim measure relaxation order came to be issued by provident fund commissioner exempting the petitioner establishment from the ..... kunjabmu and state of nagaland vs. .....

Utpal Roy Barman Vs. Kiriti Roy Barman and Another

Court : Guwahati

..... sc 2750 and state of nagaland v. ..... in the instant petition for condoning the delay that the appellant-petitioner having no other way met the counsel on 14.01.2012 for preferring appeal against the judgment and preliminary decree, who stated that it would take some time to prepare the memo of appeal and thereafter the appellant-petitioner got the case file returned and approached mr. d. r. ..... it is further observed in the said law report that it becomes plain that the expression "sufficient cause" within the meaning of section 5 of the act or order 22 rule 9 of the code or any other similar provision should receive a liberal construction so as to advance substantial justice when no negligence or inaction or want of bona fide is imputable ..... bhowmik, learned senior counsel stoutly contended that the petition as filed under section 5 of the limitation act cannot be maintained, inasmuch as there is no explanation for the delay for the period from 09.09.2011 ..... ramachandran (supra) was dealing with a situation where the explanation was offered by the state that at the relevant time, the advocate general's office was fed-up with many arbitration ..... has held that the words "sufficient cause" under section 5 of the limitation act should receive a liberal construction so as to advance substantial justice vide shakuntala devi jain ..... 24 of 2010, this petition under section 5 of the limitation act has been filed by the appellant-petitioner seeking condonation of the delay of 67 days for preferring the .....

Fincap Portfolio Ltd. Vs. State and ors

Court : Delhi

..... state of nagaland ..... , 486/2011, 487/2011, 488/2011, 489/2011 & 490/2011) arise out of a similar order passed in seven complaint cases under section 138 of the negotiable instruments act, 1881 (the act) whereby the seven complaints were dismissed on account of the non-appearance on behalf of the complainant and the accused, that is, respondents no.2 to 4 were acquitted.2. ..... the principle of condonation of delay is based on the general rule of the criminal justice system which states that a crime never dies, as has been explained by way of the legal maxim, nullum tempus aut locus occurrit regi (lapse of time is no bar to the crown for the purpose of it ..... it is true as held in udai shankar awasthi (supra) that a criminal offence is a wrong against the state but at the same time the supreme court observed that the court while condoning the delay has to record the ..... with the leave petitions, an application under section 5 of the limitation act, 1963 has been moved for condonation of delay of 404 days in filing ..... although, the conviction under section 138 of the act entails substantive imprisonment which may extent to one year or with fine or with both, yet the nature of the offence is such that it can be mentioned ..... 217, in the absence of sufficient cause declined to condone a delay of 28 days in filing leave to appeal against dismissal of a complaint under section 138 of the act.14. ..... to dishonour of the cheque which was made a criminal offence by incorporation of section 138 in the act w.e.f. .....

Brijesh Kumar and ors Vs. State of Haryana and ors

Court : Supreme Court of India

..... state of haryana, air1987sc45 state of nagaland v. ..... aggrieved, the petitioners and other persons interested filed references under section 18 of the act for enhancement of compensation and the reference court made the award on 7.9.2001 assessing the market value of the land @ rs.1,85,000/- per acre and they were also given other statutory benefits.4. ..... , air1997sc2366 observing as under: suffice it to state that appellants kept sleeping over their rights for long and elected to wake-up when they had the impetus from vir pal chauhan and ajit singh s ratios therefore desperate attempts of the appellants to re-do ..... petitioners versus state of haryana & ors. ..... applications in rfa no.5793 of 2012 for condonation of delay of more than10 years in filing the appeal under section 54 of the land acquisition act, 1894 (hereinafter referred to as the act ).2. ..... state of haryana & ors. ..... in state of karnataka & ors. v. s.m. ..... however the court while allowing such application has to draw a distinction between delay and inordinate delay for want of bona fides of an inaction or negligence would deprive a party of the protection of section 5 of the limitation act, 1963. ..... state of kerala & anr. ..... state of kerala & anr. ..... land of the petitioners alongwith the lands of others admeasuring 134 acres, 5 kanals and 10 marlas situate in revenue estate of village manakpur, hadbast no.386, tehsil jagadhri, district yamuna nagar stood notified under section 4 of the act on 8.9.1993. .....

Met Life India Insurance Company Ltd. Through: Chief Manager- Legal Br ...

Court : National Consumer Disputes Redressal Commission NCDRC

..... court has also observed in case titled state of nagaland v. ..... in filing the appeal is neither willful nor wanton but only due to the reasons stated above and the appellant has taken steps immediately upon getting knowledge or order against it ..... ii (2012) cpj 314 (nc), this commission while dealing with section 24-a of the consumer protection act, 1986, has held; the expression sufficient cause has not been defined in the act, rightly so, as it would vary from facts and circumstances of each case. ..... order of district forum, petitioner filed an appeal before the state commission, which dismissed the same vide impugned order. ..... short question which arises for consideration is as to whether state commission was justified in not condoning the delay of 278 days in filing of the appeal ..... has been filed under section 21(b) of the consumer protection act, 1986 (for short as act) challenging order dated 21.3.2011 passed by a.p. ..... the o.p.2 hospital in their counter categorically stated that the deceased was not treated in their hospital previously and for the 1st time she was admitted in their ..... therefore, the ground stated in the application cannot constitute sufficient cause so as to condone the delay in filing the appeal as prayed for in the application from the side ..... that there is no intentional delay on part of the appellant as the appellant had not received the order copy directly from the consumer forum which is required to be sent under the provision of the consumer protection act?. 12. .....

Anil Kumar, Delhi Vs. Union of India Through the General Manager, New ...

Court : Central Administrative Tribunal Principal Bench New Delhi

..... made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which the jurisdiction, powers and authority of the tribunal becomes exercisable under this act in respect of the matter to which such order relates ; and (b) no proceedings for the redressal of such grievance had been commenced before the said date before any high court, the application shall be entertained ..... (1996) 10 scc 635, state of nagaland v. ..... as no reply was given to him on his representation dated 13.04.2010, he sought information under right to information act, 2005 on 20.03.2012 and it was only on 03.05.2012 the respondents have informed him that 3 posts reserved for 80% promotional quota for sc and 3 sc employees were already ..... the case, we consider it necessary to note that for quite some time, the administrative tribunals established under the act have been entertaining and deciding the applications filed under section 19 of the act in complete disregard of the mandate of section 21, which reads as under: 21. ..... the expression "sufficient cause" employed in section 5 of the indian limitation act, 1963 and similar other statutes is elastic enough to enable the courts to apply the law in a meaningful manner which sub serves the ..... in our view, the tribunal cannot abdicates its duty to act in accordance with the statute under which it is established and the fact that an objection of limitation is not raised by the respondent/non-applicant is not at all .....