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Chairman

This tag is associated with 6 posts

Bar Council Elections for the post of Chairmen – Single judge declared the appellant as winning candidate – D.B. reversed – Apex court order for fresh elections by setting aside the orders of DB bench as the rules not framed properly = Yogendra Singh Tomar … Appellant Versus Bar Council for Uttarakhand and others …Respondents= Published in /Cited in / Reported in judis.nic.in/supremecourt/filename=41099

Bar Council Elections for the post of Chairmen – Single judge declared the appellant as winning candidate – D.B. reversed – Apex court order for fresh elections by setting aside the orders of DB bench as the rules not framed properly  =  Thereafter, the  learned  single  Judge  allowed  the  writ  petition  by    holding that … Continue reading

Public interest litigation questioning the appointment of Mr. U.K.Sinha as chairman of SEBI -In our opinion,the petition does not satisfy the test of utmost good faith which is required to maintain public interest litigation. Apex court dismissed the writ filed under Art.32 of Indian constitution =Arun Kumar Agrawal …Petitioner Versus Union of India & Ors. …Respondents – Reported in http://judis.nic.in/supremecourt/filename=40945

Public interest litigation questioning the appointment of Mr. U.K.Sinha as chairman of SEBI -In our  opinion,the petition does not satisfy the test of utmost good faith  which  is required to maintain public interest litigation. Apex court dismissed the writ filed under Art.32 of Indian constitution =   This writ petition has been filed by one … Continue reading

power of state govt. in varying salary of constitutional appointee ; Binding nature of judgment = G.L. BATRA Vs. STATE OF HARYANA & ORS. judis.nic.in/supremecourt/filename=40864

State Govt. is not competent to vary the remuneration fixed to the constitutional appointee ;     Earlier judgment of same bench is binding on the later bench of same quorum;       The earlier  judgment         may seem to be not correct yet it will have the binding effect on … Continue reading

PERSONAL STAFF ON CO-TERMINUS BASIS- whether the employees who are appointed on a co-terminus basis have any right to continue in service after the cessation of the engagement of the person with whose engagement their services were made co-terminus.= In another judgment of this Court in State of Gujarat and Anr. Vs. P.J. Kampavat and Ors. reported in 1992 (3) SCC 226, this Court had occasion to look into a similar situation. That was a case where persons concerned were appointed directly in the office of the Chief Minister on purely temporary basis for a limited period up to the tenure of the Chief Minister. This Court held that such an appointment was purely a contractual one, and it was coterminus with that of the Chief Minister’s tenure, and such service came to an end simultaneously with the end of tenure of the Chief Minister. No separate order of termination or even a notice was necessary for putting an end to such a service. 20. We have to note that in the present case the M.L.A. concerned was to function as the Chairman during the course of his tenure as an M.L.A., and had resigned with the announcement of the election for the state assembly. A proposal for regularization of the co-terminus employees appointed by him was directly sent to the Governor without the same being routed through the State Government. Similar such proposals have come to be rejected. As observed by this Court in Union of India Vs. Dharam Pal reported in 2009 (4) SCC 170, the requirement of being employed through proper channel could not be relaxed in an arbitrary and cavalier manner for the benefit of a few persons. This would be clearly violative of Articles 14 and 16 of the Constitution of India. 21. This being the scenario, the learned Single Judge as well as the Division Bench, and the subsequent learned Single Judge have erred in passing the orders that they have. The High Court has erred in deciding Writ Petition No.3181 of 2008 by directing the board to implement the 2Page 21 resolution/note issued by the Chairman and approved by the Governor. The Division Bench has also erred in leaving the order passed by the learned Single Judge in that petition undisturbed. So has the learned Single Judge erred who heard the second Writ Petition. For the reasons stated above both these appeals are allowed, and the impugned judgments and orders in Writ Appeal No. 1131 of 2011 as well as one in Writ Petition No. 3181 of 2008 and Writ Petition No. 13428 of 2010 are setaside. Writ Petition No. 3181 of 2008 and 13428 of 2010 shall stand dismissed. Consequently the Interim Applications in both these appeals, and the Contempt Petition No.1841 of 2011 filed by the respondent in the Madras High Court will also stand disposed of. In the facts of the present case we do not pass any order as to the costs.

Page 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2323 OF 2013 (@ out of SPECIAL LEAVE PETITION (CIVIL) NO. 4669/2012 ) The Chief Executive Officer, Pondicherry Khadi and Village Industries Board and Anr. …Appellants Versus K. Aroquia Radja & Ors. …Respondents With CIVIL APPEAL NO. 2324 OF 2013 (@ … Continue reading

whether the impugned trade mark can continue to remain on the register when already a mark was on the registerThe respondent herein filed a Civil Suit against the applicant for infringement of the trade mark “CLAVMOX”. The applicant is the prior registered proprietor of the trade mark. Person who is in any way interested in having removed the mark and is in any way affected or damaged if the mark continued to remain on the register then that person is said to be a person aggrieved. In case on hand the applicant is the registered proprietor of the trade mark as of 1998. An identical trade mark if allowed to be registered subsequently would definitely cause damage and therefore the applicant is a “person aggrieved”.

INTELLECTUAL PROPERTY APPELLATE BOARD Guna Complex Annexe-I, 2nd Floor, 443, Anna Salai, Teynampet, Chennai-600018   (CIRCUIT SITTING AT AHMEDABAD)   M.P. No.105/2010  in ORA/95/2010/TM/AMD AND ORA/95/2010/TM/AMD    MONDAY, THIS THE 25th DAY OF JUNE, 2012   Hon’ble Ms.S. Usha                                                       …  Vice Chairman Hon’ble Shri V. Ravi                                                      …  Technical Member                                                                                                     M/s. Cipla Ltd., … Continue reading

(1) Whether the provisions of Rules 121 and 122-A of the State Bar Council of Madhya Pradesh Rules (for short, the `M.P. Rules’) are ultra vires Section 15 of the Advocates Act, 1961 (for short, `the Advocates Act’), inter alia for the reason that there is no nexus between the rule making power of the State Bar Councils and the powers provided under Section 15(1) or 15(2)(c) of the Advocates Act? Was the delegation of legislative power under Section 15 of the Advocates Act excessive, inasmuch as it does not provide any guidelines for removal of office-bearers of the State Bar Councils? (2) Whether despite the absence of the enabling provisions in the principal statute, namely, the Advocates Act, empowering subordinate State Bar Councils to enact provisions for removal of the office bearers of the State Bar Councils by `no confidence motions’, such power could be read into the general clause of Section 15(1) of the Advocates Act? (3) Whether Rules 121 and 122-A of the M.P. Rules are invalid for want of prior approval from the Bar Council of India?

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6482 OF 2011 (Arising out of SLP (CIVIL) No. 15722 of 2011) Pratap Chandra Mehta … Appellant Versus State Bar Council of M.P. & Ors. … Respondents With CIVIL APPEAL NO.6483 OF 2011 (Arising out of SLP (CIVIL) No. 16088 of 2011) Rameshwar … Continue reading

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