Court : Chennai
Reported in : (1975)IILLJ536Mad
..... after the de jure merger, the pondicherry civil courts act was enacted, which abolished the jurisdiction of the administrative court at pondicherry and directed that all cases pending before the said court shall be heard and disposed of by the district judge or the additional district judge in accordance with the procedure followed immediately before the commencement of the pondicherry civil courts act, 1966. ..... previously the orders of the administrative court, pondicherry went up in appeal to the conseil d' etat of france, but after the de jure merger, the appellate jurisdiction exercised by the conseil d' etat has been vested in this high court under section 10 of the pondicherry administration act, 1968. ..... i share, the wonder of the learned district judge how a person who entered the service of the municipality in the year 1938 could be presumed to continue as a temporary employee till the year 1965, that is to say, for 27 years, further, the very order of the mayor, by which the respondent was dismissed, expressly refers to the fact that the mayor's order was passed under article 14 of the arrete, which prohibits the mayor from inflicting the penalty of dismissal without getting the opinion of the disciplinary council. ..... by an order dated 30-3-1965 (vide exhibit al) the respondent was dismissed by the mayor for the following reasons:(1) that he was absent from his office during office hours. ..... he was dismissed on 30-3-1965. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1970Mad419
..... the competency of the pondicherry legislative assembly to enact the civil courts act and particularly section 6 of the act which indicates in the new set up the successor courts under the act to the existing courts is questioned. ..... it follows that the argument that section 18 of the act xx of 1963 is beyond the powers of parliament under article 239a is devoid of merits, and the pondicherry civil courts act, act xii of 1966, is a valid enactment within the legislative competency of the legislative cassembly of pondicherry.5. w.p. no. ..... indubitably, if the pondicherry legislative assembly has power to enact laws with respect to matters in the state list, it has the requisite legislative power to pass the civil courts act now impugned. ..... in these related petitions under article 226 of the constitution, the validity of the pondicherry civil courts act, xii of 1966 is challenged. w.p. no. ..... "the second limb of the explanation to section 21 answers the contention that the impugned pondicherry act xii of 1966 in general and section 6 of the act in particular are violations of related existing law of the centre with reference to pondicherry.4 ..... on the premises it is argued that there has been an unconstitutional delegation by parliament of legislative powers when under the government of union territories act xx of 1963, it invested the legislative assembly for the union territory of pondicherry legislative powers with respect to entries in the state list of the vii schedule to the constitution. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC3085; JT2009(9)SC134; 2009(7)SCALE255
..... : (2006)iillj722sc , it was held that in the absence of specific rules, the court did not have power to direct regularization of the services of the home guards under the manipur home guards act, 1966.15. mr. ..... it was in keeping with such a policy decision that in the scheme it was provided that of the vacancies occurring in any year, including the existing vacancies in all group d posts under the a&n; administration and in the post of constable in group c under the a&n; police department, 20% thereof would be earmarked for the home guards, who were enrolled and had completed at least five years of continuous services and fulfilled the eligibility conditions, including educational qualifications prescribed in the recruitment rules/andaman & nicobar police manual, 1963. mr. ..... in terms of regulation 16 of the said regulation, the then chief commissioner (now lieutenant governor), a&n; islands, framed the 'andaman & nicobar home guard rules, 1965' (hereinafter referred to as 'the 1965 rules') for providing a voluntary organization named as 'a&n; islands home guard organization' for use in emergency and for other purposes in the union territory of the andaman & nicobar islands.3. ..... dubey pointed out that the claim of the respondents herein for pay parity on the principle of `equal pay for equal work' had been negated having regard to the provisions of the 1964 regulation and the rules framed thereunder in 1965. .....
Tag this Judgment!Court : Chennai
Reported in : (2002)2MLJ150
..... section 9(2) of the pondicherry civil courts act, as amended by act 9/1986 from 1.9.1986 provides that appeals the value of which exceeds rs.30,000/- can alone be filed before the high court. ..... it was submitted that the amendment to the pondicherry court fees and suits valuation act came into force on 1.9.1986. ..... . as per the survey plan drawn in the year 1965, no.679 of old survey corresponds to the portion of the north boulevard comprised between the road with idayanchavadi and madras road and one portion of the madras road comprised between the centre and to the extreme southwest of the plot no.159 bis ..... . according to the respondent, the appellant openly denied the title of the real owner only in 1965, and so possession prior to that is not hostile to the real owner and since date of commencement of possession is not specifically mentioned and since assertion of possession to the knowledge of real owner has not been proved, there is no adverse possession ..... . on 8.11.1965, there was a third referee proceeding between the heirs of ponnuranga and the father of the appellant .....
Tag this Judgment!Court : Guwahati
..... 3877 government of tripurasri nirmal chandra dey has been appointed as member of the home guards for tripura state under the bombay home guards act, 1947 (bombay iii of 1947, as extended to tripura.dated december 19,1965 signature commandantdesignation home; guardssadar agartala' 12. ..... but in the present case, the appointment letter of the petitioner under annexure-a shows that he was simply appointed as a member of the home guards for tripura state under the bombay home guards act, 1947 (act iii of 1947) as extended in tripura. ..... but in the present case the appointment letter contained in annexure-a shows that the petitioner was simply appointed as a member of the home guards for tripura under bombay home guards act (act iii of 1947). ..... it is stated that the home guards are volunteers and they joined on the principal of no work no wage basis' and their duties are assigned as per the provisions laid down under the bombay home guards act, 1947. ..... it is stated that the appointment letter will clearly indicate that the petitioner was not appointed as member of the home guards for tripura state under the bombay home guards act, 1947.8. .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ348
..... french civil court, when civil procedure code, 1908 and the transfer of property act were extended to pondicherry even in 1968 and that the lower court also committed an error that the respondents acquired the right within the meaning of sub-section 2 of section 4 of the pondicherry extension of laws act, 1963.7. the further case of the civil revision petitioners/respondents is that the lower court has overlooked the fact that the right to execute a will arise only on the death of the last life estate holder-radhabai ammal viz ..... law, french legal system enabled a person to execute a document without going through the process of regular suit and that on 15.09.1992 there was partition gopal chettiar and two brothers and that on 21.12.1930 the present property was purchased by ramakrishna and that on 25.04.1934 ramakrishna chettiar executed a gift deed giving life estate to balasubbammal and his sister radhabai ammal and on 24.09.1965 ramakrishna expired and legal representatives namely, r.venugopal and r.ganesan @ ..... . r.3 is the death certificate of ramakichenachettiar and his date of death is 24.09.1965, as seen from the death certificate issued by the pondicherry municipality dated 21.07.2003. ex .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR479
..... the questions to ask are :(1) whether the present application is liable to be entertained as an application in for transfer of the suit under section 24 of the code of civil procedure ; and (2) as contended on behalf of the non-applicants whether regard being had to the provisions of the goa, daman and diu civil courts act, 1965, the civil manual issued by the high court and the provisions of the code of civil procedure, the junior judge has to return the plaint to the original plaintiffs for presentation to the court having jurisdiction in the matter.4. mr. ..... dessai now says that the scheme of the goa, daman and diu civil courts act, 1965 clearly envisages the two classes of civil judges, namely. ..... insofar as the constitution and organization of the district court and subordinate civil courts in the territory of goa is concerned, there is a statute in the field known as goa, daman and diu civil courts act, 1965. ..... dessai relies upon section 15 of the civil procedure code, a few sections of the goa, daman and diu civil courts act, 1965 and some authorities. ..... section 24 of the bombay civil courts act is otherwise identical with section 20 of the goa, daman and diu civil courts act, 1965.16. ..... any court brought into being can only be under sections 18 and 21 of the civil courts act 1965. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2007Bom149; 2007(3)ALLMR304; 2007(2)ARBLR362(Bom); 2007(3)BomCR393; 2008(1)CTC7
..... original civil jurisdiction, having jurisdiction to decide the questions forming the subject-matter of the arbitration if the same had been the subject-matter of a suit, but does not include any civil court to a grade inferior to such principal civil court, or any court of small causes.the definition of 'court' in the act of 1940 reads thus:2(c) 'court' means a civil court having jurisdiction to decide the questions forming the subject-matter of the reference if the same had been the subject-matter of a suit, but does not ..... and omni bus industrial development corporation as also various provisions in the act of 1996, the, bombay civil courts act, 1869, goa, daman and diu civil courts act, 1965, code of civil procedure as also the judgments of other high courts. ..... 18344 of 2004 decided on 24.1.2007, while dealing with the question whether it could entertain all objections to the award and holding that even if the appointment of the arbitrator is made by high court or the supreme court, the principal civil court of original jurisdiction remains the same as contemplated under section 2(e) of the act of 1996, has observed that the principal civil court of original jurisdiction remains the 'district court' even if the appointment of the arbitrator is made by the high court. ..... even the provisions of goa, daman and diu civil courts act, 1965 are similar and they do not make any material distinction so as to have any effect on the view taken by us in these matters. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT398; 2000(3)MPLJ632
..... exact period of service for home guard may be found in sub-sections (2) and (2a) of section 7 of the home guards act which provide thus :'(2) subject to any rules made in this behalf a home guard may be required to undergo training for such period and in such manner as may be prescribed after which he shall serve as a home guard for a period of six months which period may be extended by the state government to a total period of not more than twelve months if the state government considers such extension necessary and shall thereafter ..... serve in the reserve for a period of three ..... with a view to understand the matter closely and clearly, it is necessary to refer to the preamble and the statement of objects and reasons to the madhya pradesh home guards act, 1947 (hereafter for short, home guards act) which read thus :'preamble. ..... ); air 1965 sc 360 (state of u.p. v. a.n. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom97; 1999(4)ALLMR402
..... camilo inacio evaristo pereira, : air1984bom295 and referring to the section 22 of the goa, daman and diu civil courts act 1965 (hereinafter called as 'civil courts act') has held that the appeal against order dated 23-3-98 of the trial court in the instant case, irrespective of being valued at rs. ..... the point for consideration in the said case was whether the provisions contained in civil procedure code or those prescribed under the portuguese civil code were applicable to the inventory proceedings and therefore the impugned judgment passed in relation to the section 22 of civil courts act but based on the said decision is bad in law and without application of mind as regards the scope and meaning of the expression 'suit' under section 22 of the civil courts act. 4. ..... d'costa, learned advocate appearing for the petitioner that the inventory proceedings are 'suits' in broad sense and the decision of the learned single judge in the matter of zacarias pereira : air1984bom295 (supra) was not in relation to the provisions contained in section 22 of the civil courts act but it was only in relation to the procedure to be adopted for the purpose of the inventory proceedings. ..... it is to be noted that in 1965, when civil courts act came into force, it provided the upper limit under section 22 to be rs. .....
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