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...: 2000 (II) C.L.R 287, this Court has taken a view that for breach of an order of the School Tribunal, direct contempt petition in the High Court cannot be filed but School ...simply execute the order then as held in the case of Mohd. Salam Anamal Haque (supra) he can file the execution petition before the School Tribunal. Directing the person to pay a penalty is one of...of Rs. 5000/- made by the School Tribunal can be construed as an order in execution of its previous order.8. As it has been conceded by the...
...for execution of the order of the School Tribunal read with the order passed by this Court in Writ Petition No. 1673 of 2008. The Respondents agree not to deal with the assets ...contempt petition is dismissed. The Petitioner will be at liberty to adopt steps for execution of the order of the School Tribunal, read with the order passed by this Court in Writ Petiti....2. This writ petition was filed by the management against the teacher challenging an order of the School Tribunal at Kolhapur, by which the termination of the teacher was declared illegal a...
...writ petitions are pending adjudication in this Court.(F). Respondent No. 1 had also filed Writ Petition No. 1944 of 2005 seeking execution of the order passed by the School Tribunal...was also dismissed on 24-9-2004.3. Shri Choudhari, learned counsel appearing for the petitioners submits that the Civil Court cannot execute the order passed by the School Tribunal. According to him, the Civi..., before the School Tribunal, for transfer of the decree/order for execution to the Civil Court and the said application was allowed. Under...
...view that for breach of an order of the School Tribunal, direct contempt petition in the High Court cannot be filed but School Tribunal is empowered to execute the order. It was ...the Criminal Court, but if he wants to simply execute the order then as held in the case of Mohd. Salam Anamal Haque (supra) he can file the execution petition before the School Tribunal. Directing the per...of Rs. 5000/- made by the School Tribunal can be construed as an order in execution of its previous order...
...neither a party to the proceedings in appeal nor he was expected to comply with the order in absence of direction made against him by the School Tribunal. Furthermore, the complainant, although the order m...to insist upon execution of the order by the persons concerned from the School Management. It was obligatory on the part of the complainant, when the School Tribunal has...appeal, to insist upon execution of the order passed by the School Tribunal by appropriately exhausting the remedy of execution proceedings, as contemplated under the Civil Procedure Code...
...decrees shall, so far as they are applicable, be deemed to apply to the execution of orders. The term “order” has been defined by section 2(14) of Civil Procedure Code to mean the formal...relating to execution of decree are applicable to the execution of the order. Therefore, if the order made by the School Tribunal is an order within the meaning ...provisions in the Code relating to execution of a decree are available for enforcing or executing an order made by the School Tribunal. Therefore, when the School Tribunal makes an ...
...School Tribunal granting reinstatement with full back-wages and continuity of service to the petitioners attained finality.
5. Since there was non compliance of the order by ...petitioners. Petitioners therefore, filed execution proceeding before the School Tribunal. An application was filed for transfer of the said proceeding to the Civil Judge, Senior Division, Akola for ...the litigation arising out of the orders passed by the School Tribunal, the proceeding is of year 2022. Therefore, this cannot be construed as filing of the execution proceeding after period ...
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4. Since Management failed to reinstate the petitioner, she filed Regular Darkhast No.232 of 2005 for execution of the order passed by the ...agreed between parties that this compromise is only in respect of reinstatement of respondent no.1 and remaining execution of judgment and order of School Tribunal will...assailed the termination order before the School Tribunal at Aurangabad in Appeal 205 of 1996. The Tribunal allowed the appeal vide judgment and order dated 7.3.2003 and set aside the termination...
...proceedings before the Civil Court for execution of the judgment dated 31.08.2019 passed by the School Tribunal in Appeal No.15/2014. Respondent No.2 - Education Officer has, vide communications dated 18.09.2024 an.... S.A. Azmi) reported in 2001 (Supp. 2) Bom. C.R. 37 : 2000
(II) C.L.R. 287, this Court has taken a view that for breach of an order of the School Tribunal, direct ...(supra) he can file the execution petition before the School Tribunal. Directing the person to pay a penalty is one of the methods of execution. For example when in execution of ...
...that the earlier orders passed by the executing court, particularly order of issuance of attachment of warrant against the immovable property of respondent No.3/judgment debtor No.3 and the order ...noted that the respondents have filed separate writ petitions i.e. Writ Petition No.374 of 2017 and Writ Petition No.5837 of 2019, challenging the judgment and order passed by the School Tribunal...separate application at Exhibit 35, under Section 47, Order XXI Rule 58 read with Section 151 of Code of Civil Procedure, in the same execution proceeding, seeking a decision on question of liability or...
...Code, provisions in the Code relating to execution of decree are applicable to the execution of the order. Therefore, if the order made by the School Tribunal is an ...Civil Procedure Code, then the provisions in the Code relating to execution of a decree are available for enforcing or executing an order made by the School Tribunal. Therefore, when the School ...to Tribunal to employees of a private school against the order of dismissal, removal, otherwise termination, reduction in rank or supersession in the matter of promotion. section 10 of th...
.... However, in the facts of the present case, the petitioner did approach the School Tribunal for implementation / execution of the directions / order of the School ..., which shall take effect w.e.f. 07.01.2012. It is submitted that the petitioner assailed the said order of termination before the School Tribunal and the School Tribunal allowed the appeal filed ...of the School Tribunal, immediately he was placed under suspension. It is submitted that the order of suspension without issuing charge sheet and without seeking prior permission of the Education...
...by the Tribunal. The learned Single Judge dismissed the said special civil application by observing that the High Court being not a Court of Execution of the order of the Tribunal, petiti...Tribunal. Therefore, respondent No. 1 preferred Special Civil Application No. 72 of 1997 for appropriate writ, direction and order directing the School Management to implement the judgment and order passed...civil application considering the earlier order passed by this Court in Special Civil Application No. 72 of 1997. That thereafter, respondent No. 1 approached the Tribunal by Execution Application No...
...person who refuses to comply with the order of the Court or disregards the orders continuously. Initiation of contempt proceedings is not a substitute for execution proceedings though at times that purpose may also...execution of the order of the School Tribunal and of this Court as may be permissible under the law.21. Petition dismissed. No order as to costs.Pe...the petitioner in Appeal No. 43/03 before Presiding Officer, School Tribunal, Amravati. The petitioner was terminated by Respondent Nos. 1 and 2 by the order dated 23-6-2003 from the post of...
...Judge held as follows:“Therefore, when the School Tribunal makes an order for reinstatement and for payment of back wages, the appellant in whose favour such an order is made can definitely...Tribunal in respect of each and every grievance of an employee of a private school, it is not necessary in order to establish an implied bar of the jurisdiction of the Civil Cour...date when the Act was enforced; (xi) No provision for an appeal against the order passed by the School Tribunal has been made by the Act as is available against a decree of the Civil Court; (xii) The...
...judgment and order dated 13.2.2004 of the Gujarat Secondary Education Tribunal in Application No. 118 of 2002 by which the Tribunal set aside the order of dismissal dated 20.3.2002 passed...judgment and order of the Tribunal.2. Since the petitioner - school management as well...not consider the said proposal on the ground of pendency of an application filed by the respondent - teacher before the Secondary Education Tribunal, but the school management treated the proposal...
...necessary for respondent No. 1 to obtain order transmitting the High Court order dated 8-3-1990 for execution to the School Tribunal.8. Rules 21 to 27 of Chapter XVII deal with proce...Court i.e 2004 (1) Mh. L.J (S.C) 633 : (2003) 6 SCC 675 (supra), it is in fact substituting the order of School Tribunal. The scheme ...School Tribunal was the Court which decided appeal earlier and that decision is substituted by High Court vide its decision dated 8-3-1990. Thus, for the purposes of execution, the order of High C...
...filed an Execution Petition before the School Tribunal for execution of order dated 29.02.2016 passed by the Delhi School Tribunal. Since the order of ...01.02.2005. The appellant instituted an appeal on 09.04.2007 before the Delhi School Education Tribunal challenging the order of suspension dated 01.02.2005. Vide order dated 16.05.2008 the appeal ...service. The order of removal was challenged before the Delhi School Education Tribunal. The Tribunal vide order dated 29.02.2016 while quashing the order of removal dated 18.08....
.... It appears that the petitioners preferred Writ Petition No. 8837 of 2015 on 14.08.2015 impugning the order of the School Tribunal. The writ petition was dismissed on 08.12.2015. In the meantime, the resp...reinstated on 31.12.2015. Even the execution proceedings preferred by her bearing Misc. Application No. 19 of 2015 was disposed of by the School Tribunal on 23.01.2018 pointing out that the order ...
COURT 604.
6. The learned advocate further submits that allowing such a criminal case to continue after due execution of the order passed by the ...
...disobedience of the order passed by School Tribunal, the petitioner filed Contempt Petition No.12/2001 before the School Tribunal for execution of the order dated 15.02....20.08.1996 instead of 07.02.2002 in view of order dated 15.02.1999 passed by learned School Tribunal in Appeal No.170/1998.
C) By issuing writ of mandamus or ...and the order passed by learned School Tribunal.
D) Pending hearing and final disposal of writ petition, the respondent No.3 Education Officer (Secondary) may...