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Judgment Search Results Home > Cases Phrase: punjab municipal act 1911 Year: 2007 Page 8 of about 409 results (0.131 seconds)

Apr 19 2007 (HC)

National Organic Chemical Industries Limited, a Company Incorporated U ...

Court : Mumbai

Decided on : Apr-19-2007

Reported in : 2007(4)BomCR653

..... any jurisdiction to decline a reference even of this kind within the purview and scope of the provisions of section 10 of the act. a division bench of punjab and haryana high court in ramphal v. state of haryana 1995 (4) slr 184 took this view which was subsequently followed ..... of some consequence particularly when the workman had taken no steps whatsoever to seek redress from the concerned authorities. another full bench judgment of the punjab & haryana high court in the case of ram chander morya v. the state of haryana and ors. 1999 cri lj 133 had also ..... office at nariman point were being maintained where the respondent workmen were employed. on february 18, 1996 as a result of fraudulent and illegal act, the contractor was brought into the picture and respondent workmen were directed to leave the premises. according to the workmen the reference is valid ..... respondent authority exceeded its jurisdiction in referring the dispute raised by respondent nos. 2 to 8 for adjudication under section 10(1) of the act without primarily determining whether there existed relationship of employer employee. the respondents were, if at all employees of the canteen contractor, consequences of their ..... in various judgments including the full bench of that court in the case of radhey shyam v. state of haryana 1997 (6) slr 1. 22. section 2(a) was inserted in this act by amendment act .....

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Nov 01 2007 (HC)

Jeroo Dastur and 12 ors. Vs. Union of India (Uoi) Acting Through Asstt ...

Court : Mumbai

Decided on : Nov-01-2007

Reported in : 2008(1)BomCR36; (2007)109BOMLR2285; (2008)IILLJ358Bom; 2008(1)MhLj654

..... any jurisdiction to decline a reference even of this kind within the purview and scope of the provisions of section 10 of the act. a division bench of punjab and haryana high court in ramphal v. state of haryana 1995 (4) slr 184 took this view which was subsequently followed in ..... be of some consequence particularly when the workman had taken no steps whatsoever to seek redress from the concerned authorities. another full bench judgment of the punjab & haryana high court in the case of ram chander morya v. the state of haryana and ors. 1999(1) clj ( rev ..... that there existed a substantial dispute between the parties which prima facie satisfying the requirements of section 10 read with section 2(k) of the act and the said dispute was incapable of being finally decided, without proper legal adjudication process. 41. section 2(k) defines an 'industrial dispute' ..... . in order to fight for the legal rights, the petitioners submitted an application before the regional labour commissioner (central), under the provisions of the act for conciliation. pursuant thereto, respondent no. 1 took cognizance and came to realise that there exists an industrial dispute between the parties. notice on ..... various judgments including the full bench of that court in the case of radhey shyam v. state of haryana 1997 (6) slr 1 22 section 2(a) was inserted in this act by amendment act .....

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Jun 11 2007 (HC)

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

Court : Allahabad

Decided on : Jun-11-2007

Reported in : 2007(4)AWC3181

..... ; state of bihar and ors. v. j.a.c. saldanna and ors. : 1980crilj98 , a.k. roy and anr. v. state of punjab and ors. : 1986crilj2037 ; state of mizoram v. biakchhawna : (1995)1scc156 ; j.n. ganatra v. morvi municipality mcrvi : air1996sc2520 ; babu verghese and ors. v. bar council of kerala and ors. : [1999]1scr1121 and chandra kishore jha v. mahavir prasad ..... kumar sharma v. yogesh kumar gupta : air1998sc1021 , the hon'ble supreme court interpreted the expression 'otherwise' contained in the provisions of the u.p. higher education services commission act, 1980 observing that the said expression takes colour from its preceding words and cannot have a wide and elaborate interpretation.68. the removal order was passed on 16.07.2005 ..... and anr. : [1975]2scr674 , the supreme court observed that where government activity involves public element, the 'citizen has a right to gain equal treatment', and when 'the state acts to the prejudice of a person, it has to be supported by legality.' functioning of 'democratic form of government demands vequallty and absence of arbitrariness and discrimination.'30. similarly, in ..... baseless. regarding appointments made on fixed salary basis, learned senior counsel submitted that all the appointments had been made in accordance with the provisions of section 31 of the act during his first tenure from 1999 to 2002 and ashish chandra possessed the requisite eligibility requirement for appointment. he, therefore, submitted that this could not have, been made .....

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Apr 20 2007 (HC)

Mewa Singh Vs. Dr. Om Parkash Aggarwal

Court : Punjab and Haryana

Decided on : Apr-20-2007

Reported in : (2008)149PLR279

..... 23, 2007, passed by the rent controller, whereby an application under section 13-a of the east punjab urban rent restriction (amendment) act, 1985, (for short, 'the act') for his (petitioner) eviction from the residential house (1st floor) bearing nos. 208 and 209 (old), new municipal no. b 1/3909, shown as abcd in the site plan attached with the petition and situated at ..... house is not bonafide or genuine.5. here, in the instant case, the court below has accepted the application of the respondent/landlord filed under section 13-a of the act holding herein that the respondent/landlord had a bonafide need of the demised premises for his personal necessity. moreover the petitioner/tenant has already been given two months' time by .....

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May 15 2007 (SC)

Southern Petrochemical Industries Co. Ltd. Vs. Electricity Inspector a ...

Court : Supreme Court of India

Decided on : May-15-2007

Reported in : AIR2007SC1984; 2007(2)CTC273; 2007LC(SC)1166; (2007)4MLJ723(SC); 2007(7)SCALE392; (2007)5SCC447; 2007AIRSCW3752; JT2007(7)SC613;

..... 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 v. mohar singh and t.s. baliah v. income tax officer, central circle vi, madras.91. in india tobacco co. ltd. ..... v. mohar singh : 1955crilj254 , this court has stated:. whenever there is a repeal of an enactment, the consequences laid down in section 6 of the general clauses act will follow unless, as the section itself says, ..... : (1967)illj438sc and state of punjab v ..... act repeals the 1962 act as well as the 1939 act. the effect of 'repeal' is well known wherewith there does not appear to be any general controversy. thus, before proceeding to advert to the rival contention of the parties, as noticed hereinbefore, we may notice certain precedents of this court operating in this behalf.89. in state of punjab ..... act, clauses (a) and (b) of sub-section (1) of section 20 of the 2003 act are clearly attracted. reliance in this behalf has been placed on universal imports agency and anr. v. the chief controller of imports and exports and ors. : [1961]1scr305 , shri ram prasad (deceased) by his legal representative v. the state of punjab .....

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Jan 19 2007 (HC)

K. Bhaskara Acharya S/O Ganapayya Acharya, Assistant Professor of Mech ...

Court : Karnataka

Decided on : Jan-19-2007

Reported in : ILR2007(1)Kar987; 2007(2)KarLJ582; 2007(3)KCCRSN156; 2007(2)AIRKarR334

..... post, was allowed to continue in that post after 1-10-1960 i.e., beyond the maximum period of probation fixed by the proviso to rule-6(3) of the punjab educational service (provincialised cadre) class ii rules (1961) without any express order of confirmation being passed but the appointing authority subsequently removed him from service by giving him one ..... learned counsel for parties dismissed the appeal by holding that order of termination dated 06.01.1984 is not violative of provisions of section 6 and 7 of the education act ('act' for short) and the management has established that conduct of petitioner was not satisfactory and management had justifiable cause to terminate the services of petitioner. therefore, petitioner is before ..... , petitioner was on probation for a period of one year from 11.09.1981. the service conditions of petitioner are governed by the karnataka private educational institutions (discipline & control) act 1975 and the karnataka private educational institutions (discipline and control) rules 1978 ('rules' for short).it is seen from the rule-7 that a person appointed under rule-6 (i ..... ) the termination order dated 06.01.1984 being stigmatic should have been preceded by on enquiry as required under section 6 of the karnataka private educational institutions (discipline and control) act 1975.7. per contra, sri. h.m. muralidhar, learned advocate appealing for respondents, relying on the decisions reported in (1) (2005) 7 supreme court cases-447, (2) (2005) 7 .....

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Jun 29 2007 (HC)

Superintending Engineer, Irrigation Circle Department and ors. Vs. B. ...

Court : Andhra Pradesh

Decided on : Jun-29-2007

Reported in : 2008(1)ALT53; (2008)IILLJ719AP

..... the history of legislation with respect to industrial disputes, referred to the judgments of the supreme court in bombay gas co. ltd. v. gopal bhiva : (1963)iillj608sc , town municipal council, athani v. presiding officer, labour court : (1969)iillj651sc , jai bhagwan v. ambala central co-op. bank ltd. : (1984)illj52sc , sakuru v. tanaji : ..... which would amount to legislation intentionally left over by the legislature. the judgment of the full bench of the punjab and haryana high court has completely ignored the object of the act and various pronouncements of this court as noted hereinabove and thus is not a good law on the point of ..... payment of part of the back wages instead of full back wages. reliance of the learned counsel for the respondent management on the full bench judgment of the punjab and haryana high court in ram chander mdrya v. state of haryana (1999) 1 sct 141 (p & h) : ilr (1999) 1 p & ..... no trade union or co-workman espouses such dispute.29. the legislature of the state of andhra pradesh went a step further. by andhra pradesh act no. 32 of 1987, sub-section (2) was inserted in section 2-a so as to facilitate raising of dispute by individual workman without ..... of his case. he was given favourable assurance, but nothing tangible happened. he then filed an application under section 2-a(2) of the act for his reinstatement as telephone operator by asserting that he was wrongfully denied from joining the place of posting and that despite assurance given for reconsideration .....

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Apr 10 2007 (SC)

Dilip S. Dahanukar Vs. Kotak Mahindra Co. Ltd. and anr.

Court : Supreme Court of India

Decided on : Apr-10-2007

Reported in : [2007]137CompCas1(SC); 2007CriLJ2417; (2008)1GLR307; JT2007(6)SC204; 2008(1)MhLj22; 2007(11)OLR(SC)263; 2007(5)SCALE452; (2007)6SCC528

..... 109 : [2000] 1 wlr 586.{see also k.l. gupta v. bombay municipal corporation : [1968]1scr274 ; maruti udyog ltd. v. ram lal : (2005)illj853sc ; reserve bank of india v. peerless general finance & investment co. ltd. : [1987]2scr1 ; punjab land development and reclamation corporation ltd. v. presiding officer, labour court : (1990)iillj70sc ..... interpretation of section 357 of the code of criminal procedure, 1973 ('the code', for short) vis--vis the provisions of the negotiable instruments act ('the act', for short), as regards power to impose sentence of fine is involved in these appeals which arise out of a judgment and order dated ..... the matter has to be considered from another angle. an accused for commission of an offence under section 138 of the negotiable instruments act would ordinarily be granted bail; in view of the fact that the offence is a bailable one. the right to appeal from a ..... of deposit of 75% of the amount claimed before entertaining an appeal (petition) under section 17 of the act is an oppressive, onerous and arbitrary condition against all the canons of reasonableness. such a condition is invalid and it is liable to be ..... union of india and ors. : air2004sc2371 , where the constitutionality of provisions of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 were quested qua section 17(4) thereof, held: 'in view of the discussion already held in this behalf, we find that the requirement .....

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Apr 26 2007 (HC)

Varadharajan Rep. by His Power Agent N. Ganapathy Vs. the Lieutenant G ...

Court : Chennai

Decided on : Apr-26-2007

Reported in : (2008)1MLJ1117

..... to the government of tamil nadu., reported in : (1997)2scc627 .similar is the view in an earlier decision of this court in the case of municipal corporation of greater bombay v. industrial development investment co. p. ltd,. reported in : air1997sc482 . incidentally, the decision last noted was also on the land ..... after an award was passed and possession was taken by the government, the courts should not have exercised its power to quash the award. in municipal council, ahmednagar and anr. v. shah hyder beig and ors. : air2000sc671 , the supreme court has held as follows:in any event, after ..... has no locus standi to object the land acquisition proceedings which is quite proper under the relevant provisions of the act. the learned counsel for the appellant also relied upon the decisions in state of punjab and anr. v. gurdial singh and ors. : [1980]1scr1071 , union of india and ors. v. ..... acquisition and requisition under the maharashtra regional and town planning act, 1966 and in paragraph 29 of the report, this court observed:it is well settled law that when there is inordinate delay in filing the ..... our considered opinion, the normal principle that proceedings against a dead person are a nullity, cannot be imported to proceedings under the land acquisition act,1894, unless it is established that the factum of death was brought to the notice of the acquiring authorities at the appropriate .....

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Feb 23 2007 (HC)

Mehek Feed Industries, Rep. by JatIn Thakkar Vs. Amrutlal Kataria and ...

Court : Andhra Pradesh

Decided on : Feb-23-2007

Reported in : AIR2007AP230; 2007(6)ALD610

..... of injunction directing financial corporation to first proceed against company under section 29 may not be proper.20. in s.d. college society (lahore) new delhi v. municipal council, ambala cantt. 2002 (1) punjab law reporter 329 it was observed that no temporary injunction can be granted to restrain an officer from exercising jurisdiction vested in him under some ..... decision in uttar pradesh financial corporation v. garlon polyfeb industries : air2001all286 wherein the division bench of allahabad high court while dealing with section 29 of state financial corporations act in relation to recovery of loan amount, considering validity of the proceedings against guarantors of defaulting company observed that as the terms of guarantee stipulating that liability of ..... taken before confirmation of sale, the rights of the borrower to get the dispute adjudicated upon is defeated by the authorized officer taking possession. as stated above, the npa 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 erroneous. rule 8, ..... observed as hereunder:the word possession is a relative concept. it is not an absolute concept. the dichotomy between symbolic and physical possession does not find place in the act. as stated above, there is a conceptual distinction between securities by which the creditor obtains ownership of or interest in the property concerned (mortgages) and securities where .....

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