Court : Supreme Court of India
Reported in : AIR1981SC2166; 1981CriLJ1825; 1981(3)SCALE1629; (1981)4SCC521
..... the aligarh muslim university established under section 3 of the aligarh muslim university act, 1920 for imparting liberal education, is a part of our national heritage. ..... the court must therefore, be satisfied that the constitutional safeguards under article 22(5) read with section 8 of the act have not been transgressed otherwise, the impugned order of detention is liable to be struck down.12. ..... (supra), the court, in somewhat similar circumstances, held that the non-disclosure of the history-sheet had not the effect of invalidating the order of detention.23. ..... in a series of decisions, this court has, on a construction of article 22(5) of the constitution, read with sub-section (3) of section 3 of the cofeposa act, held that 'the right of making an effective representation' carries with it the right to copies of documents relied upon in the grounds of detention. ..... the court has the delicate task of balancing the interest of the community as against the rights of an individual. ..... the power of preventive detention by the government under the national security act is necessarily subject to the limitation enjoined on the exercise of such power by article 22(5) of the constitution as construed by this court.16. ..... the court has to see that the law is not used arbitrarily to suppress the citizen of his right to life and liberty. ..... the court, speaking through hidayatullah, c.j. ..... this court has forged certain procedural safeguards in the case of preventive detention of citizens. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3745; 2005(4)ESC2489
..... if the answer to the question is that the findings are based solely on the provisions (which have since been amended) of the aligarh muslim university act, 1920, as they then stood the counsel for the respondents would be justified in contending that the foundation of the judgment has since been amended/removed by the parliament, by means of the amending act of 1981, and, therefore, the law laid down by the hon'ble supreme court in the case of azeez basha (supra) no more holds good ..... the union of india as well as the aligarh muslim university have taken a stand that the provisions of the aligarh muslim university act, 1920 which were the basis for the judgment of the hon'ble supreme court in the case of azeez basha referred to above have since been altered vide the amending act no ..... from the aforesaid judgment of the hon'ble supreme court it is to be seen as to whether the conclusion about establishment of the aligarh muslim university is solely based upon the interpretation of provisions (which have since been amended) of the aligarh muslim university act, 1920, as were existing on the date of consideration or is based upon various factors and over all reading of the act itself ..... it is true that, the proviso to section 28(1) of the 1920 act said that 'no person other than a muslim shall be a member of the court' which was declared to be the supreme governing body of the aligarh university and was to exercise all the powers of the university, not otherwise provided for by that act. .....
Tag this Judgment!Court : Chennai
Reported in : (2003)3MLJ792
..... at paragraph 6 of the judgment while dealing with the contention that the aligar muslim university act did not have any provision for the post of readers and professors under the merit promotion scheme and, therefore, the holders of such posts should be referred as persons who are outside the cadre, the court observed that,' this contention does not appear to have any basis if one examines the aligarh muslim university act of 1920 and the relevant statutes. ..... section 4-a sub-section (4) of the act sets out the powers of the university and provides that the university may institute professorship, readerships, lecturerships and any other teaching post required by the university and to appoint persons to such professorships, readerships, lecturerships and other teaching posts. ..... under section 5(7) of the said act, the university has the power to institute professorships, readerships, lecturerships, and other teaching or academic posts required by the university and to appoint persons to such professorships, readerships, lecturerships and other posts and determine their conditions of service in accordance with the statutes. ..... under section 2(k) of the aligarh muslim university act 'teachers' are defined to mean professors, readers, lectures and such other persons as may be appointed for imparting instruction in the university or a hall and are designated as teachers by the ordinances. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1985All166
..... . in the end, the learned counsel in desperation relied on section 36-a of the aligarh muslim university act of 1920 as amended in 1981 and urged that petitioner had an alternative remedy to approach the executive council by way of appeal ..... .'according to the learned counsel for university the power conferred under clause 3-b is discretionary and it having been specifically provided that the admission committee could cancel the admission for any reason this court could not substitute its own reason or cancel the result on the ground that the discretion exercised by the admission committee was improper ..... facts giving rise to this petition directed against order dated 8-9-1983 passed by the vice-chancellor, aligarh muslim university, aligarh, are so glaring and shocking that it leaves one amazed that an institution like university entrusted with responsibility of imparting education could pass such arbitrary order which attempted to scuttle the career of a brilliant student and he had to rush to this court for seeking protection from torture to which he was being subjected.2. ..... legal question apart this court could have refused to interfere, as vehemently argued by learned counsel for university, if the finding on impersonation and using fraudulent means could be substantiated. .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC992
..... ray, learned senior advocate, submitted that parliament, having legislative competence to legislate on aligarh muslim university by virtue of entry 63 list-i of vii schedule of the constitution of india, had amended the aligarh muslim university act, 1920 by 1981 amendment act which entirely changed the basis of the apex court judgment in s. ..... (iii) sections 2 (1) and 5 (2) (c) introduced in the aligarh muslim university act of 1920 by the said 1981 amendment act are invalid and these insertions are struck out. ..... by section 2(1) the reasoning and the decision are directly ridden roughshod over by parliament; it does away with the reasoning by enforcing by way of declaration that the mao college became the aligarh muslim university by incorporation and that the one is the other excepting for incorporation and incorporation alone; at the same time it lays down in the definition a proposition; the necessary corollary of which is a statement that the aligarh muslim university partakes of the same minority status as its substantially indistinguishable predecessor had, that predecessor being the mao college. .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(4)AWC3000
..... whereas the provisions under aligarh muslim university act, 1920, do not prescribe direct recruitment to the regular cadre of teachers in aligarh muslim university, the method of recruitment was not prescribed in the act but was left to be formulated by the statutes of the university which gives to the executive council the power of appointment even otherwise than by direct ..... it was found that the promotees under merit promotion scheme of university grant commission formulated by university grant commission under section 12 of the university grant commission act stand outside the cadre and do not fill the posts, since no posts are created the promotion given to them are purely personal and the posts to which they are upgraded do not certify their service ..... university, (1975) 3 scc 653, in which the supreme court was called upon to decide the seniority between the direct recruits and promotees in the universities. ..... the high court held that all the officials working in the same scale of pay in the department, although hold the post with different designation, shall be deemed to be held the post in the same grade, because their rank in the same department will be the same and equal to one ..... the pleadings between the parties in this writ petition are complete, and thus all the parties agreed that the validity of the orders and the seniority matter may be decided by the court ..... the court directed the candidates from two streams to be fused into the relevant cadre of professor or reader. in .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)1UPLBEC988
..... for deciding the said issue it is necessary to refer to the ordinances armed by the aligarh muslim university, aligarh under section 29 of the aligarh muslim university act, 1920 (hereinafter referred to as the '1920 act'). ..... in the opinion of the court, the brochure published by the university cannot run contrary to the ordinances, which are statutory in nature. ..... however this court cannot permit the respondents to bye-pass the claim of the petitioner on the ground that no seats are now available for admission of the petitioner because they had granted admission to uzma khan contrary to the ordinances, in such circumstances, the right of the petitioner cannot be jeopardized because of any act of the university, which is not in confirmity with the ordinances. ..... so far as the case pleaded by the petitioner with regard to her being delayed, for reason beyond her control from appearing before the chairman's office, department of fine arts on the date and time specified is concerned, this court cannot look into the sufficiency of the reasons for the said delay,12. ..... this court, therefore, directs that the petitioner should be admitted for m.f.a. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1630; JT1991(4)SC548; 1991(2)SCALE1217; (1992)1SCC558; [1991]Supp3SCR121
..... the court observed that although the nucleus of aligarh muslim university was the mohammadan anglo-oriental college which was till 1920 a teaching institution, the conversion of that college into the university was not by the muslim minority but it took place by virtue of the act of 1920 which was passed by the then central legislature. ..... section 2(a) of the delhi university act defines 'college' to mean 'an institution maintained or admitted to its privilege by the university and includes an affiliated college and a constituent college'. ..... under section 4, the university has powers to hold examinations and to grant to, and confer degrees and other academic distinctions on, persons who have perused a course of study in the university or in any college. ..... for the court observed as under :-it will be observed that article 29(1) is wider than article 30(1), in that, while any section of the citizens including the minorities, can invoke the rights guaranteed under article 29(1) the rights guaranteed under article 30(1) are only available to the minorities based on religion or language. ..... by section 23, the academic council has been constituted as the academic body of the university, and it shall, subject to the provisions of the act, statutes and ordinance, have the control and general regulation, and be responsible for the maintenance of standards of instruction etc.50. .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)3CALLT39(HC)
..... ) case (cited supra) was notified by the supreme court and was distinguished in the light of the provisions of the aligarh muslim university act, 1920 and suman agarwal (dr.) v. ..... the purpose of the matter on land and are extracted herein for ready reference.sub-section 5 : the state government shall, by notification in the official gazette, appoint a date and on and from such date the court, the executive council, the faculty councils for post graduate and undergraduate studies and the boards of studies shall commence to exercise their respective functions and the statutes, the ordinance and the regulations of the former university as reviewed or amended under sub-section (2) shall come into force and shall be the statutes, the ..... ordinances and the regulations of the university. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC530; (1969)ILLJ719SC; [1969]1SCR366
..... this court went into the history of the establishment of the university to ascertain whether it was set up by the muslim minority and as such entitled to rights under article 80 and held that it was not set up by the minority but in fact establish by the government of india by passing the aligarh muslim university act, 1920 (cf. ..... their workmen, : [1960]1scr200 the court in construing section 10(1)(b) of the banking companies act, 10 of 1949 again looked at the legislative history to ascertain the object of passing the act and the mischief it sought to remedy, but declined to use the statement of objects and reasons to construe the section on the ground that the statement could not control the actual words used in the section. (cf. ..... merely from the literal meaning of the definition in section 2(d) but also from the history of the legislation the court looked into the bombay lotteries and prize competitions control and tax act, 1948, how it could be and was evaded by the promoters of lotteries by shifting the venue of their business to the neighbouring state of mysore, the concerted action taken by the adjoining states, the resolutions passed by each or them calling upon parliament to undertake legislation, the fact of parliament having passed the law and its preamble reciting the fact of the state .....
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