Judgment Search Results Home > Cases Phrase: the punjab right to service act 2011 Court: chhattisgarh Page 1 of about 28 results (0.107 seconds)

Prakash Kumar Vs. Kanahiya Lal Agrawal and Others

Court : Chhattisgarh

..... on reading the relevant sections of the act of 2011, it would show that the act of 2011 received the assent of the president on the 5th october, 2012 and governor on the 23rd may, 2011, thereby the act of 2011 came into force on 06.11.2012. ..... taking into such proposition and reading of section 14 of the act of 2011 it lays down the application of the act of 2011 other than the district head quarter will depend on the notification, thereafter the old act of 1961 would be applicable unless and until is repealed by the notification. ..... in the latter case it is necessary to see if the statute creates a special right or liability and provides for the determination of the right or liability and further lays down that all questions about the said right and liability shall be determined by the tribunals so constituted, and whether remedies normally associated with actions in civil courts are prescribed by the said statute or not. ..... (4) the rent controlling authority may in its discretion direct that compensation not exceeding fifty rupees (a) be paid to the landlord by the tenant, if the application under sub-section (2) was made frivolously or vexatiously; (b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without just and sufficient cause. ..... in case of state of punjab vs. .....

Jaya Bai Verma Vs. State of Chhattisgarh Through The Secretary, New Ra ...

Court : Chhattisgarh

..... (panchayat) cadre (recruitment and conditions of service) rules, 2012 (hereinafter referred to as the rules of 2012 ) has been enacted, which prescribes the minimum educational qualifications for the post of assistant teacher (panchayat) as under:- (1)(2)(3)(4)(5)(6)(c)assistant teacher(panchayat) (p.t.teacher)18 year s35 earshigher secondary certificate exam with minimum of 50% marks and a certificate of physical education rom any recognized institute-do- note (6) educational qualification of the applicant for direct recruitment on merit basis of teacher (panchayat) cadre employees i.e. ..... section 23 of the act of 2009 provides for qualifications for appointment and terms and conditions of service of teachers and sub-section (1) of section 23 provides that any person possessing such minimum qualifications, as laid down by an academic authority, authorised by the central government, by notification, shall be eligible for appointment as a teacher. ..... . such a person cannot approach the court for any relief for the reason that he does not have a right which can be enforced through court ..... . state of punjab (2000) 8 scc 633 ..... . mamta mohanty, (2011) 3 scc 436, this court has held that any appointment made in contravention of the statutory requirement i.e ..... . state of punjab and ors .....

Dauji Farms Limited and ors. Vs. Dena Bank and anr.

Court : Chhattisgarh

Reported in : AIR2009Chh22

..... possession of the secured assets of the borrower including the right to transfer by way of lease, assignment or sale for realising the secured asset;[(b) take over the management of the business of the borrower including the right to transfer by way of lease, assignment or sale for realising the secured asset:provided that the right to transfer by way of lease, assignment or sale shall be exercised only where the substantial part of the business of the borrower is held as security for the debt:provided further that where the management of whole of the business or part of the business is severable, the secured creditor ..... the respondents bank have not acquiesced or waived their rights to invoke the provisions of the sarfaesi act on the ground that the decision taken on the representation has not been communicated to the petitioners within a period of one week as contemplated under section 13 (3a) of the sarfaesi act. ..... thereafter, the petitioners made one more representation dated 16-10-2006 (annexure-p/7) that no steps be taken in view of the decision of the high court of punjab & haryana in the matter of kalyani sales co. v. .....

Mahendra Budek Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : 2009(4)MPHT10(CG)

..... it can, therefore, be said that a rule which operates in futuro so as to govern future rights of those already in service cannot be assailed on the ground of retroactivity as being violative of articles 14 and 16 of the constitution, but a rule which seeks to reverse from an anterior date of benefit which has been granted or ..... see whether the rights and liabilities under the repealed law have been put an end to by the new enactment, the proper approach is not to enquire if the new enactment has by its new provisions kept alive the rights and liabilities under the repealed law but whether it has taken away those rights and liabilities. ..... such employees for promotional purposes, undoubtedly operates on those who entered service before the framing of the rule but it operates in future, the sense that it governs the future right of promotion of those who are already in service. ..... heard learned counsel appearing for the respective parties, perused the pleadings and the documents appended thereto, it is evident that the petitioner was disqualified on the day when he was elected sarpanch, as section 36(1)(m) of the act, 1993 clearly provides that 'no person shall be eligible to be an office-bearer of panchayat who has more than two living children one of whom is born on or after the 26th day of january, ..... the absence of a saving clause in a new enactment preserving the rights and liabilities under the repealed law is neither material nor decisive of the question-- see : state of punjab .....

Rajaram Maize Products Vs. State Industrial Court and ors.

Court : Chhattisgarh

Reported in : [2002(95)FLR653]; (2003)ILLJ414CG; 2002(2)MPHT43(CG)

..... the present respondent employer challenged the said order of the labour court in the high court by filing a writ petition and the learned single judge stayed the direction of reinstatement, but directed the employer to comply with the direction of reinstatement, but directed the employer to comply with the provisions of section 17b of the industrial disputes act, which obliges the employer to pay the workman at the same rate which he was drawing when his services were terminated. ..... having examined the provisions of the section 17b of the industrial disputes act, we are of the considered view that the court has no jurisdiction to direct non-compliance with the same when the condition precedent for passing an order in terms of section 17b of the act is satisfied, and this being the legislative mandate, the division bench of the high court committed serious error in interfering with the direction of the learned single judge. ..... having thus considered the facts and circumstance of the case, material available on,record and after hearing the learned counsel for the parties, it is held that, the petitions preferred before the labour court the barred by limitation as has been held by the hon'ble supreme court, the common order passed by the industrial court in the instant case on 24-l1-97cannot be sustained and is set aside. 22. ..... state of punjab and anr.. .....

JagatnaraIn Tripathi Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Reported in : 2009(3)MPHT81(CG)

..... : air 1973 supreme court 834, the hon'ble supreme court, while considering rule 6.4 of the punjab pension rules, which empowers the sanctioning authority to make reduction in the pension amount in case service has not been thoroughly satisfactory, has held that the state government must give reasonable opportunity to the officer concerned to show cause against the proposed reduction in the amount of pension and gratuity legally payable on his superannuation.12. ..... 19 of 1923);(b) the expression 'grave misconduct' includes the communication or disclosure of any secret official code or password or any sketch, plan, model, article, note, document or information such as is mentioned in section 5 of the official secrets act, while holding office under the government so as to prejudicially affect the interests of the general public or the security of the country.7. ..... it is also settled law that the pension and gratuity are no longer matters of any bounty to be distributed by the government but are valuable rights acquired and property in their hands and any delay in settlement and disbursement whereof is to be viewed seriously and dealt with severely by imposing penalty in the form of payment of interest. .....

Hirdan Singh Vs. State of Chhattisgarh and Others

Court : Chhattisgarh

..... it is the case of the petitioner that thereafter, the petitioner made an application on 7.5.2008 (annexure - p/9) for obtaining certain information under the provisions of the right to information act, 2005 (for short "the rti act, 2005") including the resolution by which the petitioner has been removed from the post of panchayat karmi and the respondent no.6 was appointed on the said post. 5. ..... prabhakar and others3, observed that "the court can refuses relief on the ground of laches or delay when the rights accrued to others by the delay in filing the petition should not be disturbed, unless there is a reasonable explanation for the delay, because court should not harm innocent parties if their rights had emerged by the delay on the part of the petitioners." 15. ..... shri shrivastava, learned counsel appearing for the petitioner, would submit that the mandatory statutory provisions of rule 7 of the chhattisgarh panchayat service (discipline and appeal) rules, 1999 (for short `the rules, 1999') were not followed before removing the petitioner from the post of panchayat karmi, thus, the impugned orders passed by the gram panchayat, is unsustainable in the eyes of law. 4. ..... on laches and delay in agitating the grievances before the court, the supreme court in state of punjab and another v. .....

NitIn Sinha Vs. Union of India Through: Its Secretary, Ministry of Per ...

Court : Chhattisgarh

..... reference was made to various provisions of all india services act, 1951 (for short the act 1951); indian administrative service (cadre) rules, 1954 (for short the rules 1954) and indian administrative service (fixation of cadre strength) regulations, 1955 (for short the regulations, 1955). ..... whether the petitioner is entitled for issuance of such writ or to get a declaration of such kind is a different matter which we would discuss in the later part of the judgment, but the objection raised by the advocate general regarding maintainability of the public interest litigation (pil) in the matter of appointment of the 6th respondent stands concluded by the above authoritative pronouncements of the supreme court holding that except for a writ of quo warranto, public interest litigation (pil) is not maintainable in service matters. ? ..... (17) in university of mysore (supra), also quoted in central electricity (supra), it was held that broadly stated, the quo warranto proceeding affords a judicial enquiry in which any person holding an independent substantive public office, or franchise, or liberty, is called upon to show by what right he holds the said office, franchise or liberty; if the inquiry leads to the finding that the holder of the office has no valid title to it, the issue of the writ of quo warranto ousts him from that office. ..... the all-india services act, 1951 [no. ..... state of punjab, (2005) 5 scc 136. 15. .....

Mani Ram Dhrub Vs. State of Chhattisgarh Through Secretary and ors.

Court : Chhattisgarh

Reported in : 2007(1)MPHT27(CG)

..... in this context it may be mentioned that even with respect to persons who have been substantively appointed on a post and have a right to hold that post, it has been held that the failure to communicate the adverse remarks in the service record would not vitiate the order of compulsory retirement. ..... but principles of natural justice have no application in the case of termination of the services of a probationer during the period of probation since he has not right to hold the post. ..... since a probationer has no right to hold the post on which he has been appointed on probation, he cannot claim a right to be heard before an order terminating his services is passed. ..... it is well settled principle of law that if the service of the petitioner is on temporary basis, the employee can be removed from service as no longer required. ..... state of punjab, a bench of this court consisting of seven judges, inter alia, held that the services of a probationer can be terminated when the authorities are satisfied regarding his inadequacy for the job, or unsuitability for temperamental or other reasons not involving moral turpitude, or when his conduct may result in dismissal or removal but without a formal enquiry. ..... an order terminating the services of an employee is an act done by the employer. ..... 'motive' is the moving power which impels action for a definite result, or to put it differently, 'motive' is that which incites or stimulates a person to do an act. .....

Prabhudayal Kesharwani Vs. the Commissioner, Chhattisgarh Housing Boar ...

Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur

..... even if they were of the view that after the amendment of the act in 1993 and in the light of inclusion of 'housing construction' within the meaning of 'service' in clause (o) of section 2(1), the commission had jurisdiction to deal with and decide dispute relating to deficiency in service under the act which included the issues raised, it was obligatory on them to consider whether the controversy raised in the proceedings with regard to fixation of price would be justiciable on the facts and in the circumstances of the case, particularly in the light of contentions raised by the board that there was increase in plinth area ..... housing commissioner, punjab housing development board, iii (1997) cpj 88 (nc), the national commission was of the view that the price is determined by the board in accordance with the procedure evolved by it and there is no statutory control over the fixation of the price and the same cannot therefore be interfered with. ..... ) has a right to increase the cost of the house and the dispute which is between the parties is in respect of the cost and the district forum is not having jurisdiction to decide the dispute that what cost has been fixed. ..... ) vide letter dated 23.09.2011 t deposit the amount. ..... ) is demanding 10% extra amount on rs.3,30,000/-, which actually would be 3%, as mentioned in the letter dated 23.09.2011 sent by the respondent (o.p. .....