.....to the Civil servant. In the same case the effect of non providing the machinery to implement the order or decision of the Tribunal is indicated. In fact the nature of relief that may be granted there cannot be a type of machinery which may be akin to the type provided in the Civil Procedure Code. For jurisdiction of Civil Court, see Jitendra Nath Goswami v. Dhirendra Nath Saikia, (1993) 1 GLJ 312 : (1993) 1 GHC 325 : 1993 (1) GLR 448. Further see Jatish Ch. Bhattacharjee v. State of Assam and Others, (1991) 1 GLJ 273, for Jurisdiction of the Tribunal to decide the vires of the statute. Tribunal does not have this power. Assam Administrative Tribunal Act, 1977 visa-vice Assam Service (Discipline and Appeal) Rules, 1964- In earlier discussion it is indicated that provisions in aforesaid Rules of 1964 are to be treated as Service Rules. In Dr. Rajyamalla v. Assam Administrative Tribunal, 1983 (1) GLR (NOC) 71 : (1983) GHC 52, held that in disposing of appeal by the Tribunal direction or requirement mentioned in Rule 23(2) of the aforesaid rules must be complied with. Sudhan Chandra Gogoi v. Smt Lakhahira Das and Other's, (1993) Suppt. (1) GLR 169: (1993) 2 GHC 230. Definition.....
List Judgments citing this section.....Constitution, illegality cannot be regularized. The decision in Director of Technical Education v. K Sitadevi, AIR 1991 SC 308 was distinguished on facts. Percentage of marks whether can be insisted for appointment of a teacher. As held in the case of Debeswar Bora v. State of Assam [(1990) 2 GLJ 489] R. 3 (iii) (a), (b) does not provide that a candidate should have the qualifying examination with certain percentage of marks and this cannot be insisted either for appointment or if a teacher is appointed he should be terminated. Appointment of teachers- Qualification- Minimum of 40 % marks in Pre-University whether a statutory requirement. The question that arose in the case of Debeswar Bora v. State of Assam [1991 (1) GLR 1] as to whether there is any legal or statutory requirement for a candidate for appointment to secure 40% of marks, be it for the post of Primary School or be it for the post of Middle School, R. 3 (iii) (a) and (b) does not indicate so. Hence it cannot be insisted that a candidate should have passed the qualifying examination with certain percentage of marks. Any such insistence would be inconsistent with 1977 Rules. The requirement of such minimum of.....
List Judgments citing this section.....referred to in sub-section (1) shall, as immediately as practicable on receipt thereof, record; in a register to be maintained in this behalf, the fact of the receipt of such declaration, variation or mortgage for registration. Section 10 - Nothing of charge or mortgage created in favour of a Bank in the Record of Rights Whenever a charge or a mortgage on loan or interest therein is created in favour of a bank by an agriculturist the Bank may give intimation to the Sub-Deputy Collector or such other revenue official as may be designated in this behalf by the State Government, of the particulars of the charge or mortgage in its favour. The Sub-Deputy Collector or the other revenue official shall make a note of the particulars of charge or mortgage in the Record of Rights relating to the land over which the charge or mortgage is created. Section 11 - Restrictions on creation of tenancy by an agriculturist borrower (1) Notwithstanding anything contained in any law for the time being in force, an agriculturist who has availed himself of financial assistance from a bank by creating a charge or mortgage on land or interest therein, shall not, so long as the financial.....
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