Court : Gujarat
Reported in : AIR1962Guj88; (1962)0GLR204
..... as the university was expected to be a teaching university also, it was given powers under section 4 of the act, inter alia to provide for instruction andteaching in such branches of learning and courses of study as it may think fit and to make provision for research and dissemination of knowledge, to establish, maintain and manage departments and institutions of research or specialized studies,to institute professorships, readerships, ships and any other posts of teachers required by the university, to appoint or recognise persons as professors, readers, or lecturers or otherwise as teachers of the university and to establish, maintain and manage hostels, etc. ..... 1935, the entire subject of education including universities with the exception of the banaras hindu university and the aligarh muslim university was alloted to the provincial legislate and the provincial legislatures could legislatein regard to the subject of education includinguniversities barring the benaras hindu university and the aligarh muslim university. ..... high school, bombay, and m. s. n. ..... high school, ahmedabad, and passed his s. s. c. .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)1GLR849
..... section 18(1)(vii) of the bhavnagar university act reads as under:18(1) the executive council shall be the executive authority of the university and shall consist of the following, namely:xxx xxx xxx(vii) one teacher of a university department, other than the head of university department to be nominated by the vice-chancellor by rotation from amongst the members of the court in the manner specified by the statutes.11.1 the relevant statute framed under the act on the subject reads as under:statute 81(1)(iii): nomination of a teacher of university department, ..... case, it can be waived while in the case of the latter, it cannot be waived.10.4 in the case of aligarh muslim university v ..... as per section 18(1)(vii) of the bhavnagar university act, one of the two teachers is to be nominated to the executive council by the respondent vice-chancellor in exercise of his powers vested in statute 81(1)(iii).2.4 the vice-chancellor, in the process ..... and aligarh muslim ..... . 308 it is held as under:it is settled that where a statute provides for election to an office, or an authority or institution and if it further provides a machinery or forum for determination of dispute arising out of election, the aggrieved person should pursue his remedy before the forum ..... (1957)illj472sc , it has been laid down that while exercising the jurisdiction under article 226 of the constitution the high court has the power to refuse the writes if it was satisfied that there has no failure of justice .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)3GLR717; [2003]47SCL530(Guj)
..... aligarh muslim university (supra), the apex court has observed that the party complaining breach of principles of natural justice in addition to the breach of principles of natural justice, must also establish ..... ,namely - (i) the discovery of production of books of account and other documents at such place and such time as may be specified by the board, (ii) summoning and enforcing the attendance of persons and examining them on oath, (iii) inspection of any books, registers and other documents of any person referred to in section 12 at any place, 11b power to issue directions :-- save as otherwise provided in section 11 if after making or causing to be made an inquiry ..... and regulating the working of the depositors, participants, custodians of securities, foreign institutional investors, credit-rating agencies and such other intermediaries as the board may, by notification specify in this behalf, (c) registering and regulating the working of venture capital funds and collective investment schemes including mutual funds, (d) promoting and regulating self-regulatory organisations, (e) prohibiting fraudulent and ..... of surjeet singh chhabra (supra) to contend that under the customs act, the apex court has observed that failure to give opportunity to cross ..... maintaining principles of natural justice, but it does not lay down the scope and ambit of principles of natural justice including the right of cross-examination in every case, and ..... constitutional powers being conferred on the high courts .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR2065
..... aligarh muslim university ..... otherwise) to produce a given result for the establishment, other than a mere supply of goods or articles of manufacture to such establishment, by the employment of workmen or to supply workmen to the establishment, and include a sub-contractor, khatadar, sardar, agent or any other person, by whatever name called, who recruits or employs workmen.the term 'principal employer' has been defined under section 2(g) which reads thus:'principal employer' means,:(i) ..... provisions, therefore, make it clear that after 1963, cause of action is relevant and germane and a writ petition can be instituted in a high court within the territorial jurisdiction of which cause of action in whole or in ..... the said notice dated 13-9-2007, present petitioner has submitted its reply dated 17-10-2007 opposing the said payment of wages applications and it has been, inter alia, contended that the said applications are not maintainable on the ground of lack of territorial jurisdiction in light of the fact that the cause of action, as per ..... in the official gazette, appoint, no contractor to whom this act applies shall:(a) recruit any person in a state for the purpose of employing him in any establishment situated in another state, except under and in accordance with a licence issued in that behalf,:(i) if such establishment is an establishment referred to in sub-clause (i) of clause (a) of sub-section (1) of section 2, by the licensing officer appointed by the central government who .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)1GLR524
..... here, reference may have to the latest pronouncement of the hon'ble supreme court of india in the case of aligarh muslim university v. ..... a question does arise whether this court can suo motu take the matter under is power of superintendence under article 227 of the constitution over the subordinate court and set aside the judgment, learned counsel for the petitioner orally submitted that is not permissible to the court but he has failed to cite any decision in support of his contention ..... in this case, the petitioner failed to show and establish that in the year 1977 he was engaged in the services as daily-wager on a permanent sanctioned post of gardener in the gram ..... of the respondent-maliya-hatina gram panchayat, is praying for direction to the respondents to grant the petitioner pay-scale as prescribed by the pay commissions which is already made available to the panchayat employees of the various panchayats and state government employees on regular establishment with arrears for the class-iv post with increments.2. ..... even if it is taken that this appointment has been brought to an end by the gram panchayat later on without notice and opportunity of hearing to the petitioner, it will notmake any difference because in case second resolution of the gram panchayat is set aside on this ground as what it is done by the district judge, it will result in perpetuating ..... it is not open to the court to act contrary to the statutory rules, regulations, acts or constitutional provisions. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2008Guj51; 2008GLH(1)270
..... aligarh muslim university and ..... and in that judgment the court has explained the difference between sections 59(1) and 57 of the act and has observed that the proceedings under these two sections are independent proceedings, having different objects and all that is required for the competent authority to pass an order of suspension under section 59 of the act is whether a criminal case is instituted against the sarpanch for an offence involving moral turpitude and ..... section 408 read with section 114 ipc and that there is a chargesheet filed against the petitioner and that the petitioner was in judicial custody for more than 4 days, it cannot be said that the judgment and order passed by both the authorities below suspending the petitioner under section 59(1) of the act are in any way illegal and/or arbitrary and/or contrary to the provisions of section 59 of the gujarat panchayat act which calls for interference of this court exercising powers ..... causa sua and audi alteram partem, have now a definite meaning and connotation in law and their content and implications are well understood and firmly established, they ..... prayed to issue a writ of mandamus or any other appropriate writ or order to quash and set aside the order dated 17.5.2007, passed by ..... construction of verandah for the primary school, laying of a pipeline for drinking water and construction of a dhobi ghat, was misappropriated by the petitioner, in connivance with the talati-cum-mantri and member of the gram panchayat mr. ..... high .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR2844
..... respondents have referred to the judgment delivered in the case of aligarh muslim university and ors. v. ..... the above facts, in our opinion even violation of the principles of natural justice should not help the petitioners as they had already been heard once and showing any sympathy to persons like the petitioners would amount to doing injustice to those rightful claimants who might be standing in a queue for getting plots ..... made by the learned advocates appearing for the respondents to show that shri sitaji, a powerful politician, had made efforts to see that substantial number of plots are allotted to him and his family members under government schemes so that his family can get the plots without making ..... present petitioners whereas, out of the remaining 6 plots, 2 were allotted to shri sitaji jethaji vanjara, 2 other plots were allotted to shri dalaji, brother of shri sitaji jethaji vanjara and other two plots were allotted to shri gopaji, who is also brother of shri sitaji. ..... advocate shri sanjanwala is that under the provisions of urban land (ceiling and regulation) act, 1976, even if an allottee of the land has not put up construction, as per law laid down by this court, it is not open to ..... depend on the facts and circumstances of the case, the nature of the inquiry, the rules under which the tribunal is acting, the subject-matter to be dealt with and so forth. ..... provisions of urban land (ceiling and regulation) act. ..... a case covered under the provisions of the urban land ceiling act. ..... act .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2004Guj164
..... in aligarh muslim university v. ..... however, when an important statutory body like the council finds a member of the institute guilty of the misconduct and forwards the case to the high court with its recommendation under section 21(5) of the act, its findings based on the material on record would ordinarily not be disturbed unless found to be unjust, unwarranted or contrary to law'.55. ..... on the part of a chartered accountant may not attract any of the provisions in the schedule and may not therefore be regarded as falling within the first part of section 22; but as the definition given by section 22 itself purports to be an inclusive definition and as the section itself in its latter portion specifically preserves the larger powers and jurisdiction conferred upon the council to hold inquiries under the section 21, sub-section (1), it would not be right to hold that such disciplinary jurisdiction can be invoked only in respect ..... in other words, an admission, if clearly and unequivocally made, is the best evidence against the party making it and, though not conclusive, shifts the onus on to the maker as it must necessarily be presumed to be true and until the presumption is rebutted the fact admitted must be taken to be established. ..... bar council of india and state bar councils are representatives bodies of the advocates on their rolls and are charged with responsibility of maintaining discipline amongst members and punish those who go astray from the path of rectitude set out for them .....
Tag this Judgment!Court : Gujarat
Reported in : (2007)3GLR2143
..... respondent bank has relied upon the judgment of the hon'ble supreme court in case of aligarh muslim university and ors. v. ..... ' even dealing with the contention on behalf of the petitioners that the appellate authority before whom the order of compulsory retirement was challenged has also opined and/ or observed that the petitioners be paid full pension, it is submitted by the respondents in affidavit-in-reply that it is not incumbent upon the competent authority under the pension rules to accept ..... of the respective petitioners that no decision has been taken on their representation and 25% of the pension has been withheld exercising the powers under regulation 33 of the bank of india (employees') pension regulations, 1995, and therefore, they have preferred the present special civil applications for the aforesaid reliefs ..... even if a statute is silent and there are no positive words in the act or the rules made thereunder, there could be nothing wrong in spelling out the need to hear the parties whose rights and interest are likely to be affected by the orders that may be passed, and making it a requirement to follow a fair procedure before taking ..... by the hon'ble supreme court that even if a statute is silent and there are no positive words in the act or the rules made thereunder, where there is a discretion vested with the authority and by giving opportunity, if another view is possible, the principles of natural justice may be read into and the opportunity is required to be given. .....
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