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Associated Managements of Primary and Secondary Schools and ors. Vs. S ...

Court : Karnataka

Subject : Constitution

Acts : Karnataka Education Act, 1983 - Sections 3(2), 29 to 31, 38 to 41, 41 to 44, 48 and 67 to 74; Constitution of India - 14, 19, 19(1) and 19(6)

Reported in : ILR1996KAR3669; 1996(7)KarLJ664

have privately owned, managed and run unaided schools have challenged the Constitutional validity of various provisions of Karnataka Education Act, 1983 (hereinafter called the 'Act'). The main grievance is projected against the provisions of Section 3(2) (a to h), … it unconstitutional. It is submitted that there is no guidance to control the framing of the rules under Section 41 of the Act.4. A perusal of the preamble of the Act shows that the same has been enacted

Patil Panduranga Venkanagouda Vs. Horatti Basavaraj Shivalingappa and ...

Court : Karnataka

Subject : Election

Acts : Constitution of India - Articles 41, 58(2), 66(4), 102(1) and 191(1); Representation of People Act, 1951 - Sections 81, 83, 84 and 100(1); Karnataka Education Act, 1983 - Sections 2, 29, 30, 40 and 131; Karnataka Municipal Corporations Act, 1976 - Sections 91 and 96; Grant-in-Aid Code for Secondary Schools Conduct Rules, 1966; Government of Union Territories Act, 1963; Uttar Pradesh Basic Education Act, 1972 - Sections 4(2) and 13

Reported in : AIR2000Kant78; 1999(5)KarLJ467

petitioner has further alleged that the salary was being paid by Government, service conditions governed by the Karnataka Education Act, 1983, Karnataka Municipal Corporations Act, 1976 and the Grant-in-Aid Code for Secondary Schools Conduct Rules, 1966. The election petitioner's … of the Supreme Court in Unnikrishnan v State of Andhra Pradesh, Article 41 of the Constitution, makes it to be the duty of the State … ORDER1. By this election petition under Sections 81 and 83 of the Representation of People Act, 1951, the petitioner has challenged the election and declaration

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

Court : Karnataka

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

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 … Section 2(17), the definition of the term 'Managing Committee' in Section 2(19), the provisions of Sub-section (4) of Section 41, Section 42, Section 46(l)(c) and would maintain that since the appellant is undeniably the head of the institution,

Sri. Veerabhadreshwara Education Trust Vs. The Government Of Karnataka

Court : Karnataka Dharwad

Subject : Education

2011-12. The said College was given necessary recognition by the 2nd respondent under Section 38 of the Karnataka Education Act, 1983 and the same was successfully renewed by the appellants every year. 2.1 On 09.08.2021, a complaint came to … the petitioner - College within the meaning of - 7 - NC:2023. KHC-D:10696-DB WA No.100141 of 2022 Section 41(5) of the Karnataka Education Act, 1983 (for short ‘the said Act of 1983’) and since the petitioners did

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

Court : Karnataka

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 … directive principles contained in Part IV of the Constitution. So interpreted, Articles 41, 45 and 46 declared the Court, were meant to achieve the constitutional … in accordance with the rules made in that behalf. No rules were 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

Rajeshwari Vidya Samsthe , Doddaballapur and Others Vs. The State of K ...

Court : Karnataka

Subject : Education

conditions for change of Governing Council and change of location. Placing reliance on Section 41[5] of the Karnataka Education Act, 1983 ['the Act', for short], the learned Counsel submitted that once there is change in the Governing Council of

Rajeshwari Vidya Samsthe Vs. The State of Karnataka

Court : Karnataka

Subject : Education

conditions for change of Governing Council and change of location. Placing reliance on Section 41[5]. of the Karnataka Education Act, 1983 [‘the Act’, for short]., the learned Counsel submitted that once there is change in the Governing Council of

Vidyavardhaka Sangha and anr. Vs. S.K. Joshi and ors. Overruled

Court : Karnataka

Subject : ConstitutionService

Acts : Societies Registration Act, 1860; Karnataka Education Act, 1983 - Sections 131; General Clauses Act, 1897 - Sections 2(42); Constitution of India - Articles 12, 14 30, 32, 41, 48, 226, 367 and 372

Reported in : 2005(5)KarLJ402

petitions are not maintainable and that the writ petitioners have alternative remedy under Section 131 of the Karnataka Education Act, 1983 (for short, 'the Act'). It was also contended that the impugned orders are termination simpliciter and such a … is an obligatory function of the State. Therefore, the State, in discharge of its constitutional obligation under Articles 41 and 48 read with Entry 25 of List III of Seventh Schedule of the Constitution provides for the

Nalanda Veedya Peetha vs State of Karnataka

Court : Karnataka

the school without obtaining necessary permission from the State as required under Section 41 (5) of the Karnataka Education Act,1983. Thus, there is clear violation of mandatory provisions of Karnataka Education Act, 1983. Hence, respondent No.3 has rightly

Sri Keshavamurthy R vs the State of Karnataka

Court : Karnataka

review petition No.4/2022 and directed the respondent No.4 to take a decision under Section 41(4) of the Karnataka Education Act, 1983. However, no order was passed by the respondent No.4.(iii) The petitioner contends that since the order ofsuspension is