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Judgment Search Results Home > Cases Phrase: the pondicherry home guards act 1965 Sorted by: recent Page 1 of about 22,698 results (0.562 seconds)

Feb 13 1975 (HC)

Major of the Commune D' Ariancoupon Vs. R. Krishenin, Ex. Commissiopta ...

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. .....

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Sep 24 2024 (HC)

Shri Siddaramaiah Vs. The State Of Karnataka

Court : Karnataka

..... aforementioned petitions seeking grant of sanction for prosecution and the materials in support of the same, the ..... note of the fact that the entire allegations made by the applicant do not reveal any offence punishable under the provisions of the prevention of corruption act, 1988 or the bnss2023 30.5 a reading of the show cause notice, more so the finding by the governor that on perusal of the request, it is seen that the allegations against you are of serious nature and prima 129 facie seem plausible leads to an undeniable conclusion that there is pre-judging of the issue, disregarding the report of the chief secretary dated 26-07-2023.31. in view of the averments made in the ..... he would also place reliance upon the standard operating procedure notified by the ministry of home affairs for conduct of preliminary enquiry, to buttress his submission that the 46 investigating officer should conduct a preliminary enquiry and then seek approval from the hands of the competent authority. .....

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Sep 09 2024 (SC)

Chalasani Udaya Shankar Vs. M/s Lexus Technologies Pvt. Ltd

Court : Supreme Court of India

..... thus, if the application for rectification, in effect, includes projected claims which do not come within the purview of rectification and the company court feels that the civil court/regulatory body would be the more appropriate forum, jurisdiction under section 155 of the act of 1965 would not be exercised ..... , if the company court finds that the dispute relates to the field of rectification or its peripheral aspects, it will have exclusive jurisdiction to address the claim under section 155 of the act of 1965. ..... when and where the act of 1956/act of 2013 does not confer such exclusive jurisdiction on the court/forum constituted thereunder or the dispute falls outside the realm of that 29 particular provision of the act of 1956/act of 2013, the jurisdiction of the civil court would not be completely barred (see dhulabhai ..... point no.2, the acting president rejected the case of the appellants, by way of brief para 9.3, completely ignoring the points set out by the member (judicial) in the interim order and the material placed on record, such as the share transfer forms, share certificates and emails/ correspondence, which supported the case of the appellants. ..... that there was nothing in the companies act, 1956, expressly barring the jurisdiction of the civil court, it was observed that where the court as defined under the act is exercising its powers under various sections, where it has been vested with exclusive jurisdiction, the jurisdiction of the civil court is impliedly barred. .....

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Aug 23 2024 (SC)

Delhi Race Club (1940) Ltd Vs. The State Of Uttar Pradesh

Court : Supreme Court of India

..... khazir mohammad tunda reported in (2015) 12 scc420 this court held thus: 22 the satisfaction on the ground for proceeding would mean that the facts alleged in the complaint would constitute an offence, and when considered along with the statements recorded, would, prima facie, make the accused answerable before the court in other words, the magistrate is not to act as a post office in taking cognizance of each and every complaint filed before him and issue process as a matter of course. ..... the scope of the inquiry under section 202 of the crpc is extremely limited only to the ascertainment of the truth or falsehood of the allegations made in the complaint (i) on the materials placed by the complainant before the court (ii) for the limited purpose of finding out whether a prima facie case for issue of process has been made out, and (iii) for deciding the question purely from the point of view of the complainant without at all criminal appeal no.3114 of 2024 page 10 of 31 adverting to any defence that the accused may have. ..... we direct the registry to send one copy each of this judgment to the principal secretary, ministry of law & justice, union of india and also to the principal secretary, home department, union of india. .......................................................... j.(j.b. ..... state of maharashtra [(1965) 2 scr429. .....

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Aug 09 2024 (HC)

Mr. Attar Mohammad Shafiullah @ A Shafiullah Vs. Central Bureau Of Inv ...

Court : Karnataka

..... the short question that arises for our consideration in this appeal is whether the respondent is justified in pursuing the prosecution against the appellant under section 5(2) read with section 5(l)(e) of the prevention of corruption act, 1947 notwithstanding the fact that on an identical charge the appellant was exonerated in the departmental proceedings in the light of a report submitted by the central vigilance commission and concurred by the union public service commission.9. ..... accordingly, in terms of cvc circular no.09/12/2014 dated 11-12-2014, a reference was made to the additional director general, dgov, hzu, seeking cvo s second stage advice on the issue as the tentative decision of the disciplinary authority was not in line with the first stage advice no.07/18 dated 12-12-2018 issued by the additional director general, dgov, hzu, wherein major penalty proceedings under ruel14 of the ccs (cca) rules, 1965, were proposed against shri a.m.shafiulla, superintendent.16. ..... exoneration of the petitioner, in the departmental enquiry, is not on technicalities, but on merits, as there was no evidence against the petitioner to drive home the charge. ..... if in a departmental inquiry, the competent authorities have failed to drive home the charge, it would be improper to permit criminal trial any further. .....

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Aug 05 2024 (SC)

Mool Chandra Vs. Union Of India

Court : Supreme Court of India

..... [(1995) 1 mah lj503 stated that the question is one of discretion to be followed in the facts and circumstances of each case and further stated: the real test for sound exercise of discretion by the high court in this regard is not the physical running of time as such but the test is whether by reason of delay, there is such negligence on the part of the petitioner so as to infer that he has given up his claim or where the petitioner has moved the writ court, the rights of the third parties have come into ..... further, the high court has proceeded to confirm the order of the tribunal on the footing that penalty imposed on appellant is only a minor penalty namely withholding of one increment without cumulative effect, by completely ignoring the fact that in the earlier round of litigation it had been clearly 14 held that punishment of dismissal imposed on the appellant was totally disproportionate to the alleged act.24. ..... appellant came to be placed under suspension on 13.10.1997 followed by issuance of charge memorandum under rule 14 of ccs2(cca) rules, 1965. .....

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Aug 01 2024 (SC)

The State Of Punjab Vs. Davinder Singh

Court : Supreme Court of India

..... been brought up in an atmosphere of penury, illiteracy and anti-culture, who is looked down upon by tradition and society, who has no books and magazines to read at home, no radio to listen, no tv to watch, 153 no one to help him with his home work, who goes to the nearest local board school and college, whose parents are either illiterate or so ignorant and ill-informed that he cannot even hope to seek their advice on any matter ..... dandasi moger thoti devandrakulathan muchi tiruvalluvar ghasi mundala valluvan godagali nalakeyava valmiki godari nayadi vettuvan godda paga dai (2) scheduled castes throughout the province except in any special constituency constituted under the government of india act, 1935, for the election of a representative of backward areas and backward tribes to the legislative assembly of the province :- aranadan kattunayakan kuruman dombo kudiya malasar kadan kudubi mavilan karimpalan kurichchan pano 25 part ii bombay scheduled castes : - ..... , central railways123, the issue before a constitution bench of this court was whether road-side station masters could be differentiated from guards for the purpose of promotion to the higher post of station ..... singh [air1965sc1557: (1965) 2 scr877 this court held that an enquiry whether the appellant there belonged to the dohar caste which was not recognised as a scheduled caste and his declaration that he belonged to the chamar caste which was a scheduled caste could not be premitted because of the provisions contained in .....

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Jul 30 2024 (SC)

Gaurav Kumar Vs. Union Of India

Court : Supreme Court of India

..... any rule made in exercise of such delegated power has to be in consonance with the provisions of the act, and if the rule goes beyond what the act contemplates, the rule becomes in excess of the power delegated under the act, and if it does any of the above, the rule becomes ultra vires the act.63. ..... 111 (1954) 2 scc32063 part g101 we can cull out the following principles from the above discussion: (i) the power of the authority to impose restrictions on the right under article 19(1)(g) is not absolute and must be exercised in a reasonable manner; (ii) any fees or licences levied by the authorities must be valid and levied on the basis of the authority of law; and (iii) delegated legislation which is contrary to or beyond the scope of the legislative policy laid down by the parent legislation places an unreasonable restriction in violation of article 19(1)(g).112102. ..... day of march, 1967, save as provided in sub-clause (iii-a), after undergoing a three-year course of study in law from any university in india which is recognised for the purposes of this act by the bar council of india; or (iii-a) after undergoing a course of study in law, the duration of which is not less than two academic years commencing from the academic year 1967-68, or any earlier academic 5 part a5 to qualify to be admitted as an advocate on a state roll, a person must: (a) be a citizen of india; (b) complete ..... state of uttar pradesh, 1965 scc online sc75[18].. .....

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Jul 26 2024 (HC)

M/s Lake View Tourism Corporation Vs. Chandrakala

Court : Karnataka

..... such provision, however, does not exclude those cases where the provisions of the particular act have not been complied with or the statutory tribunal has not acted in conformity with the fundamental principles of judicial procedure.2) where there is an express bar of the jurisdiction of the court, an examination of the scheme of the particular act to find the adequacy or the sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court. ..... the compensation in respect thereto is required to be determined in terms of section 29 of the act, and the procedure to be followed in regard thereto is prescribed under section 30 of the act, which prescribes that the land acquisition act, 1894, shall mutatis mutandis apply in respect of the inquiry and award by the deputy commissioner, the reference to the court, the apportionment of compensation, and the payment of compensation in respect of lands acquired. 11.5. ..... state of madhya pradesh2, more particularly para 54 thereof, which is reproduced hereunder for easy reference:"neither of the two cases of firm of illurisubayya manu/sc/0211/1963 [1963].501tr93(sc) or kamla mills manu/sc/0291/1965: [1965].571tr643(sc) cal be said to run counter to the series of cases earlier noticed. ..... the plaintiff had chosen to approach the civil court, the 4 air1966sc237| 1965 insc87- 12 - nc:2024. .....

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Jul 25 2024 (SC)

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

..... , not being inconsistent with the provisions of the act and these rules, as may be agreed upon between the parties; (iv) if the lessee makes any default in payment of royalty as required by section 9 or commits a breach of any of the conditions of the lease, the lessor shall give notice to the lessee requiring him to pay the royalty or remedy the breach, as the case may be, within sixty days from the date of the receipt of the notice and if the royalty is not paid or the breach is not remedied within such period, the lessor without prejudice to any ..... resolved to study and reform the existing arrangements between the union and the states in an evolving socio- economic scenario, the ministry of home affairs vide order dated 09.06.1983 constituted a commission under the chairmanship of justice r.s. ..... union territory of pondicherry, 1967 scc online sc29363 (1962) 1 scr517364 r r engineering co. v. ..... 52 granville austin, cornerstone of a nation (oup, 1966) 187 53 in re, special reference no.1 of 1964, (1965) 1 scr413 jindal stainless steel (supra) [612]. ..... 162 1965 scc online pat 30 73 part f period from 1958 to 1964 under the bihar minor mineral concession rules 1964. .....

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