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Start Free TrialThe Assam Elementary Education (Provincialisation) Rules, 1977 Complete Act
State: Assam
Year: 1977
.....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 sectionThe Societies Registration (Maharashtra) Rules, 1971 Complete Act
State: Maharashtra
Year: 1971
.....under section I B; (c) "Registrar" means the Registrar of Societies appointed under section IB; (d) "Schedule" means a Schedule appended to these rules; (e) "Section" means a section of the Act. 3. AREAS AND THEIR LIMITS- (1) The areas for the purpose of the Act shall be as follows, namely: (a) Greater Bombay Area (b) Poona Area (c) Kolhapur area (d) Nasik Area (e) Aurangabad Area (f) Nagpur Area (g) Akola Area (2) The limits of each area shall be as follows, namely: (a) Greater Bombay area comprising the areas, for the time being Specified in Schedule 'A' to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII, of 1945), and the district of Kolaba, (b) Poona area comprising the districts of Poona, Ahmednagar, and Sholapur. (c) Kolhapur area comprising the districts of Kolhapur, Sangli, Satara and Ramagiri. (d) Nasik Area comprising the districts Nasik, Jalgaon, Dhulia and Thana. (e) Aurangabad area comprising the districts of Aurangabad, Bhir, Nanded, Parbhani and Osmanabad. (f) Nagpur comprising the districts of Nagpur, Wardha, Bhandara, Chanda and (g) Akola area comprising the Akola, Yeotmal and Buldhana. 4. MEMORANDUM OF.....
List Judgments citing this sectionBoard for Industrial and Financial Reconstruction (Salaries and Allowances and Conditions of Service of Chairman and Other Members) Rules, 1987 Complete Act
State: Central
Year: 1987
.....means the Chairman of the Board appointed under section 4-of the Act; (d) "Member" means a Member of the Board appointed under section 4-of the Act. RULE 03: Pay (1) The Chairman shall receive pay as admissible to a Judge of a High Court. (2) A Member shall receive pay as admissible to the Secretary to the Government of India: Provided that in the case of an appointment of a person as a Chairman, or as a Member, who has retired as a Judge of a High Court or who has retired from service under the Central Government or a State Government and who is in receipt of or has received or has become entitled to receive any retirement benefits by way of pension, gratuity, employer's contribution to the Contributory Provident Fund or other forms of retirement benefits, the pay of such Chairman or Member shall be reduced by the gross amount of pension and pension equivalent of gratuity or employer's contribution to the Contributory Provident Fund or any other form of retirement benefit, if any, drawn or to be drawn by him. RULE 04: DEARNESS ALLOWANCE AND CITY COMPENSATORY ALLOWANCE (1) The Chairman shall receive dearness allowance and city compensatory allow- ance at the rate.....
List Judgments citing this sectionOfficers of Parliament (Pension, Housing and Medical Facilities to the Spouse of the Speaker of the House of the People, Dying While Holding Such Office) Rules, 2002 Complete Act
State: Central
Year: 2002
.....March, 2002. RULE 02: DEFINITION In these rules unless the context otherwise requires." (a) "medical attendant" means any registered medical practitioner practising any system of medicine; (b) "medical attendance and treatment" means medical consultation, hospitalisation, cost of medicines, clinical and pathological tests, other methods of medical examination and surgical operations, which the spouse of the Speaker dying while holding such office and minor children of such Speaker may require; (c) "residence" means a residential accommodation of" (i) the Type VII bungalow at a place where Central Government owned accommodation is available or the next highest type of accommodation if Type VII bungalow is not available; or (ii) the nature having a living area of not exceeding two thousand square feet at a place where Central Government owned accommodation is not available; (d) "Speaker dying while holding such office" means a person who dies while holding the post of the Speaker of the House of the People; (e) "spouse" means a person, who is legally married to the Speaker dying in office; (f) "travelling expenses" means." (i) in the case of Government medical.....
List Judgments citing this sectionMulki Rules Act, 1972 Section 3
Title: Limitation, During a Specified Period, of Application of Mulki Rules to Appointments to Certain Posts and Validation of Other Appointments
State: Central
Year: 1972
.....area, which carries a scale of pay the minimum of which does not exceed three hundred rupees per mensem or a fixed pay not exceeding that amount; (d) appointment for the filing of the second vacancy (hereafter in this section and in section 4 referred to as reversed vacancy) in every unit of three vacancies which are to be filled by direct recruitment in non-gazetted posts in the Secretariat Departments and the offices of the Heads of Departments of the State Government situated in the Capital area. (3) Notwithstanding any judgment, decree or order of any court, tribunal or other authority, no appointment of any person made during the period referred to in sub-section (1) to a post other than a post referred to in clause (a) or clause (b) or clause (c) of sub-section (2) or to a vacancy other than a reserved vacancy in a post referred to in clause (d) of that sub-section and no action taken or thing done by or before such person shall be deemed to be illegal or void or ever to have become illegal or void merely on the ground that such appointment was not made in accordance with the Mulki Rules.
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 20
Title: Judgement and Decree
State: Central
Year: 1908
.....the decree without filing a copy of the decree and in such a case the copy made available to the party by the Court shall for the purposes of rule 1 of Order XLI be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose. 6B. Copies of judgments when to be made available Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment of such charges as may be specified in the rule made by the High Court.] 7. Date of decree The decree shall bear date the day on which the judgment was pronounced, and, when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree. 8. Procedure where Judge has vacated officer before signing decree Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 2
Title: Payment Under Decree
State: Central
Year: 1908
.....any money payable under a decree of any kind is paid out of Court, 1 [or a decree of any kind is otherwise adjusted] in whole or in part to the satisfaction of the decree-holder, the decree-holder shall certify such payment of adjustment to the Court whose duty it is to execute the decree, and the Court shall record the same accordingly. (2) The judgment-debtor 2 [or any person who has become surety for the judgment-debtor] also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified ; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly, 3 [(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless-- (a) the payment is made in the manner provided in rule 1; or (b) the payment or adjustment is proved by documentary evidence; or (c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 97 to 106
Title: Resistance of Delivery of Possession to Decree-holder or Purchaser
State: Central
Year: 1908
.....(including questions relating to right, title or interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by the Court dealing with the application, and not by a separate suit and for this purpose, the Court shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be deemed to have jurisdiction to decide such questions.] 2[102. Rules not applicable to transferee pendente lite Nothing in rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgment-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person. Explanation.--In this rule, "transfer" includes a transfer by operation of law.] 2[103. Orders to be treated as decrees Where any application has been adjudicated upon under rule 98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 35 to 37
Title: Decree in Appeal
State: Central
Year: 1908
.....to the Appellate Court and at their expense. 37. Certified copy of decree to be sent to Court whose decree appealed from A copy of the judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits. _______________________ 1. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act, 1925 (U.P. Act 4 of 1925), section 16(3).
View Complete Act List Judgments citing this sectionMulki Rules Act, 1972 Amending Act 1
Title: Mulki Rules (Repeal) Act, 1973
State: Central
Year: 1972
THE MULKI RULES (REPEAL) ACT, 1973 [Act, No. 68 of 1973] [28th December, 1973] PREAMBLE An Act to provide for the repeal of Mulki Rules. BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:-- 1. Short title and commencement.-- (1) This Act may be called the Mulki Rules (Repeal) Act, 1973. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. Definition.-- In this Act, "Mulki Rules" shall have the same meaning as in the Mulki Rules Act, 1972 (79 of 1972). 3. Repeal of Mulki Rules.-- Upon the commencement of this Act, the Mulki Rules as in force immediately before such commencement shall, notwithstanding anything contained in the Mulki Rules Act, 1972, (79 of 1972) cease to have effect and are hereby repealed: Provided that such repeal shall not affect the validity of any appointment previously made in accordance with those rules.
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