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Jan 27 1998

S.S. Anand and Others Vs. the Management of Mahatma Gandhi Vidya Peeta ...

Court : Karnataka

Decided on : Jan-27-1998

Subject : Service

Acts : Karnataka Private Educational Institutions Rules, 1978 - Rules 3 and 5; Karnataka Education Act, 1983 - Sections 146(3); Karnataka Private Educational Institutions Act, 1975; Constitution of India - Articles 12, 32 and 226; Karnataka State Universities Act, 1976

Reported in : 1998(3)KarLJ293

not include a University College. The provisions of the act aforementioned although repealed by Section 146 of theKarnataka Education Act, 1983, sub-section (3) of Section 146 provides that all Rules, orders, notifications etc., made or issued before the commencement

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Dec 09 1999

Sri Ramanjaneyaswami Vidya Saunsthe, Kumbaloor, Honnali Taluk, Shimoga ...

Court : Karnataka

Decided on : Dec-09-1999

Subject : Constitution

Acts : Karnataka Education Act, 1983 - Sections 3(2), 4, 5, 49, 53 and 145 (3), 146(3) and (4); Karnataka Educational Institutions (Grants-in-Aid for Primary, Secondary and Pre-University Educational Institutions) Rules, 1998 - Rules 3, 4, 5, 6 and 7; Constitution of India - Articles 12, 14, 21, 37, 41, 45 and 45; Evidence Act, 1872 - Sections 115; Grant-in-Aid Code for Secondary Schools in Karnataka State, Rules 10, 11 and 16(xiii); Bombay Agricultural Produce Markets Act, 1939 - Sections 26(5); Classification and Registration Rules, 1997 - Rules 5, 5, 6 and 9; Education Act - Sections 53

Reported in : ILR2000KAR922; 2000(2)KarLJ508

Maharashtra. The Court declared that executive instructions compiled as a Code did not have any constitutional force.4. Karnataka Education Act, 1983 (in short, 'the Education Act'), came into force only on 1-6-1995 more than a decade after it was … till recently framed in terms of Section 49 of the Act. The result was that by reason of Section 146(3) the Grant-in-Aid Codes earlier in force continued to remain effective as if the same had been made under

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Sep 11 1998

Adivasi Shikshana Prasaraka Mandal, Aurad(B), District Bidar Vs. State ...

Court : Karnataka

Decided on : Sep-11-1998

Subject : Trusts and Societies

Acts : Karnataka Education Act, 1983 - Sections 49(1), 145 and 146(3); Karnataka Education Institutions (Grant-in-Aid for Primary, Secondary and Pre-University Educational Institutions) Rules, 1998 - Rule 3; Karnataka Societies Registration Act; Constitution of India - Articles 14 and 162

Reported in : 1999(5)KarLJ26

of the Constitution of India.5. Apart from the above aspect, now pursuant to the provisions of the Karnataka Education Act, 1983 (hereinafter, 'the Act') which has come into force with effect from 20-1-1995, Grant-in-Aid Code has acquired statutory status. … required to be given to the private institutions only in accordance with rules made in this behalf. Further, Section 146(3) of the Act provides that.-'146. Repeal and savings.- (1) XXX XXX XXX.(2) xxx xxx xxx. (3) Notwithstanding anything

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Sep 03 1998

Smt. Annapoorna Vs. State of Karnataka and Others

Court : Karnataka

Decided on : Sep-03-1998

Subject : Service

Acts : Constitution of India - Article 226; Karnataka Education Act, 1983 - Sections 131, 133 and 146; Karnataka Private Educational Institutions (Discipline and Control) Rules, 1978 - Rules 5 and 6

Reported in : 1998(6)KarLJ535

Educational Institutions (Discipline and Control) Rules, 1978 as saved by sub-section (3) of Section 146 of the Karnataka Education Act, 1983. It is not a statutory requirement that there should be an approval of any Government authority for appointing

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Aug 10 2005

Smt. N.S. Nagalakshmi Vs. Vidya Vardhaka Sangha and anr.

Court : Karnataka

Decided on : Aug-10-2005

Subject : Constitution

Acts : Karnataka Education Act, 1983 - Sections 2, 2(17), 2(19), 41, 41(4), 42, 42(2), 42(3), 42(4), 46, 46(1), 94 and 146; Karnataka Private Educational Institutions (Discipline and Control) Rules, 1978 - Rules 17 and 17(4); Karnataka Societies Registration Act, 1960; Constitution of India - Article 226

Reported in : 2005(6)KarLJ106

of the Karnataka Private Educational Institutions (Discipline and Control) Rules, 1978 (for short, 'the Rules'), is saved by Section 146 of the Karnataka Education Act, 1983, and in terms of Sub-rule (4) of Rule 17, the Disciplinary Authority … respondent is not competent to initiate disciplinary proceedings against her in terms of the provisions of the Karnataka Education Act, 1983 (for short, 'the Act'); and (ii) that, even assuming but not admitting that the Managing Committee of the

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Jan 04 2005

Bharatiya Samskrithi Vidya Peeta Vs. the Secretary to the Government o ...

Court : Karnataka

Decided on : Jan-04-2005

Subject : Service

Acts : Karnataka Education Act, 1983 - Sections 133 and 146(3); Karnataka Private Educational Institutions (Discipline and Control) Rules, 1978 - Rule 5; Karnataka Private Educational Institutions (Discipline and Control) Act, 1975

Reported in : ILR2005KAR1234; 2005(2)KarLJ147

school teacher. She then approached the State Government by filing a petition under Section 133 of the Karnataka Education Act, 1983. That petition was allowed by an order dated 8th February, 2000 and a direction was issued to the … under the earlier Act have been saved by virtue of the provisions contained in Sub-section (3) of the Section 146 of the 1983 Act which reads as under:'146. Repeal and savings.-(1) xx xx xx(2) xx xx xx.(3) Notwithstanding

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Apr 19 1996

Karnataka Liberal Education Society, Belgaum Vs. State of Karnataka an ...

Court : Karnataka

Decided on : Apr-19-1996

Subject : Constitution

Acts : Karnataka Education Act, 1982 - Sections 49; Constitution of India - Articles 14, 16 and 19(1); Karnataka Private Education Institutions (Discipline and Control) Act, 1975 - Sections 49; Karnataka Private Education Institutions (Discipline and Control) Act, 1957 - Sections 15; Karnataka Private Education Institutions (Discipline and Control) Rules, 1978; Grant-in-Aid-Code - Rules 7, 8, 9, 10 and 12; Karnataka Education Act, 1983 - Sections 146; Karnataka Private Education Institutions (Discipline and Control) Act, 1976

Reported in : AIR1997Kant93; ILR1996KAR2144; 1996(5)KarLJ616

significant to note that the provisions of the Act now stand repealed by S 146 of the Karnataka Education Act 1983. The repealing provision however specifically provides that the provisions contained in the Act notwithstanding all Rules, Orders, Notifications, … as to the settlement of seniority or stoppage of the aid to the Institutions run by the petitioners. Section 3 of the Act, aforesaid empowers the State Government, to frame and notify model Rules in respect of

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Jul 05 2002

Poornaprajna Education Centre, Belur Vs. Pushpa

Court : Karnataka

Decided on : Jul-05-2002

Subject : Labour and Industrial

Acts : Karnataka Education Act, 1983 - Sections 98, 98(1), 145 and 146(3); Karnataka Private Educational Institutions (Discipline and Control) Rules, 1978 - Rule 7; Industrial Disputes Act, 1947 - Sections 2 and 25F; Code of Civil Procedure (CPC) , 1908 - Sections 115 and 151

Reported in : 2002(5)KarLJ161

dismissal of the appeal urging various grounds.2. The respondent-teacher filed an appeal under Section 94 of the Karnataka Education Act, 1983 (for short 'Act 1983'), questioning the correctness of the order of termination dated 10-4-1998 passed by the petitioner … Rule 7 of the Rules, 1978 has got application to this case in view of Sub-section (3) of Section 146 of the Act, 1983. The Act, 1983 came into force with effect from 20-1-1995. As on the date

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Aug 13 1998

Smt. Renuka and Others Vs. State of Karnataka and Others

Court : Karnataka

Decided on : Aug-13-1998

Subject : Constitution

Acts : Karnataka Education Act, 1983 - Sections 132, 133 and 146(3); Constitution of India - Articles 14, 162 and 226; Grant-in-Aid Code - Rules 26 and 28; Karnataka Private Educational Institutions (Discipline and Control) Rules, 1978 - Rule 5; Karnataka Private Educational Institutions (Discipline and Control) Act, 1975 - Sections 3 and 15

Reported in : 1999(2)KarLJ318

Constitution of India from time to time. But the said Code, after coming into force of the Karnataka Education Act, 1983 (in short, the 'Act') by statutory fiction contained under Section 146(3) of the Act, has acquired statutory status.

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Sep 02 1998

H.B. Kotresh Vs. State of Karnataka and Others

Court : Karnataka

Decided on : Sep-02-1998

Subject : Constitution

Acts : Karnataka Private Educational Institutions (Discipline and Control) Rules, 1978 - Rules 5 and 6; Karnataka Education Act, 1983 - Sections 89, 131, 133 and 146(1); Constitution of India - Article 226; Karnataka Private Educational Institutions (Discipline and Control) Rules, 1975 - Sections 3

Reported in : 1998(6)KarLJ306

Karnataka Education Act, 1983 with effect from 1-6-1995, though the Private Institutions Act stands repealed as per Section 146(1) of the Education Act, but the Rules framed thereunder have been saved as per sub-section (3) thereof as … non-compliance whereof amounts to an offence and is punishable in accordance with the provisions now contained in Karnataka Education Act, 1983.7. Section 3 of the Karnataka Private Educational Institutions (Disciplinary and Control) Act, 1975 (in short 'the Education Institution

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