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United India Insurance Co. Ltd. Vs. Murugan Alias Krishnan and Another

Court : Karnataka

Reported in : I(1994)ACC430; AIR1994Kant192; [1994]80CompCas242(Kar); ILR1994KAR403; 1994(2)KarLJ250

..... mahesh, learned counsel for the appellant insurer relying upon the provisions of section 64vb of the insurance act, 1938, submitted that the insurer could not have assumed risk unless premium was received in advance ..... is on the basis of this the 3rd respondent amended the written statement and contends that the risk was not covered on the date of the accident as the premium was paid only on 29-9-1989, six months after the policy was issued.'8. ..... the facts of the case in brief are as follows: on 3-4-1989 on east end main road, 38th cross, jayangar, while the first respondent who is a minor was crossing the road, was hit by the matador van owned by the second ..... shows that it was issued for the period covering from 26-10-1989 to 25-10-1990, but the correction shows that the policy coverage has to be read from 26-10-1988 to 25-10-1989, which means the period of accident, 3-4-1989, is covered. ..... however, it paid the premium amount on 19-5-1989 as submitted by the learned counsel and the same was accepted by the insurer- ..... also shows another date, 29-9-1989, and so the amount of premium might have been received on 29-9-1989. ..... the learned counsel contended that in terms of the guarantee, in the instant case the premium was required to be paid on or before 30-11-1988 and the same was not paid but was paid on 19-5-1989. ..... per the particulars in this policy, it has been issued on bank guarantee on 27-3-1989. ..... insurance policy was issued on 10-8-1988 to commence from 26-10-1988 ending 25-10-1989. .....

Nimit R. Chowdhary and ors. Vs. University of Jodhpur

Court : Rajasthan

Reported in : 1991(1)WLN1

..... syndicate and the syndicate in its turn ratified the report of the vice-chancellor, it only shows that the academic bodies like syndicate which is the highest authority in the university felt satisfied that the conduct of the examination was not fair and the irregularities have been committed which would certainly tarnish the image of the prestigious examination and felt satisfied by the action ..... connection, learned counsel has invited my attention to bagleshwar prasad's case (supra) and made a great stress on the following observations of their lordships of the supreme court:in dealing with writ petitions against the orders of the universities or education boards, canceling the examination results of the candidates who were declared to have been passed, it is necessary to bear in mind that educational institutions like the ..... but a judicial officer of the rank of district and sessions judge conducted the enquiry, after recording the statements of some of the complaints like president of the university students union and various teachers and heads of the departments and other persons concerned with the conduct of the examination and after considering the matter in great detail submitted his report. ..... the vice-chancellor invoked his power under section 12(5) of the jodhpur university act, 1962 (referred to herein after as 'the act'). ..... seshrao balwant rao chavan : (1989)iillj161sc , where in a similar power also came up for consideration before their lordships of the supreme court. .....

Ramchandra Murarilal Bhattad and ors. Vs. State of Maharashtra and ors ...

Court : Supreme Court of India

Reported in : AIR2007SC401; 2007(1)CTLJ177(SC); 2006(13)SCALE300; (2007)2SCC588; 2006AIRSCW6304; 2007(1)KCCRSN22

..... have been made on 1.9.2003.the contentions of respondents before the high court were:a) the decision to reject all bids is in pursuance of the power was conferred by the terms of the contract.b) the authorities acted reasonably and fairly and have now reached a decision to set up the convention center on their own without any private participation.c) by virtue of sections 12(1)(b)(d) and (h) and the power to issue directions under section 14 ..... .the petitioner desires to demonstrate to this court (a) that the bid was cancelled by the mmrda, which had no jurisdiction to do so under the act; and (b) that there was mala fides in cancelling all the bids as it was intended to engineer the re-tendering process to favour the party who ..... in the absence of any plea that the policy decision adopted by the authority would be violative of the provisions of the act or any master plan, the same cannot be entertained the question, however, is left open.for the reasons aforementioned, there is no merit in these ..... subsequently, however, the principal, on whose behalf, though without whose authority, the agent has acted, accepts the agent's act, and adopts it, just as if there had been a prior authorisation by the principal to do exactly what ..... appearing for appellants in the connected appeal relied upon bhavnagar university v. ..... seshrao balwant rao chavan : (1989)iillj161sc to contend that as therein the power of the vice chancellor and the executive council was different, the former's power could not have .....

Krishi Upaj Mandi Samiti, Chittorgarh Vs. Mahaveer Oil Mill, Chittorga ...

Court : Rajasthan

Reported in : AIR1998Raj5; 1997(3)WLC199; 1997(2)WLN185

..... the state, air 1966 raj 142, this court observed that the provisions of the act provide for a scheme of marketing in agricultural commodities for better regulation of the trade of buying and selling agricultural commodities by providing for the control of the various trading activities in specified areas by introduction of the system ..... state of assam, 1989 (3) scc 709 : (air 1990 sc 123), the constitution bench of the apex court observed as under (at page 152 of air):'the courts strongly lean against any construction which tends to reduce a statute ..... on the business of oil mill and admittedly his oil mill is situated within the market area notified under the provisions of rajasthan agricultural produce markets act, 1961, hereinafter called 'the act', was served a show cause notice on 24-5-90 contained in annex. ..... once a market area has been declared under the act then no sale and purchase can take place other than the market ..... statutory provisions section 4 of the act provides for declaration of the market ..... had been allotted a shop therein and if his explanation was not found satisfactory, why action should not be initiated against him and in the meanwhile, his licence granted under section 14 of the said act was suspended for a period of six months. ..... provision is interpreted that it is not mandatory for the trader to take the goods through the market yard, the provisions of the act would not be effectively enforced and the purpose of enacting the act itself would be frustrated. 15. .....

Hem Chandra Goswami Vs. State of Assam and ors.

Court : Guwahati

..... the governor of assam in exercise of powers conferred by the proviso to clause (g) of section 21 of the gauhati university act, 1947 (assam act no. ..... xvi of 1947) as amended upto date and proviso to clause (f) of section 32 of the dibrugarh university act, 1965 (assam act no. ..... both the appellant/writ petitioner and the respondents were not disputing that the assam aided college management rules, 1976 (for short 'management rules ,1976') is applicable to the chaiduar college, gohpur, sonitpur and also the kherajkhat college, lakhimpur follows the said management rules, 1976. ..... 3577 of 1997 stating in a clear and unequivocal terms that the assam aided college management rules, 1976 is applicable to the chaiduar college, gohpur, sonitpur and also the kherajkhat college also follows the said management rules, 1976. ..... vti of 1965), as amended from time to time, made the rules called 'assam aided college management rules, 1976'. ..... 5 as lecturer in political science in chaiduar college had also been approved by the director of higher education, assam vide order dated 8.8.2002. ..... the said appointment of the appellant/writ petitioner was approved by the director of public instruction, assam.4. .....

Dr. Brij Mohan Sharma Vs. the Chancellor, Lucknow University, Lucknow

Court : Allahabad

Reported in : AIR1961All331

..... the prayer made in the above representation to the chancellor was that an arbitration tribunal be appointed under section 44 of the lucknow university act to decide the issues raised under the representation.the chancellor's reply which refused to grant the request of the petitioner was in view of it a refusal to appoint ..... and as if that other enactment were an arbitration agreement, except in so far as the arbitration act might be inconsistent with such other enactment or any rules ..... law for the time being in forcethe provisions of the arbitration act shall be applicable to all arbitrations and to all proceedings thereunder.section 46 to which section 47 is subject says that the provisions of the arbitration act, except subsection (1) of section 6 and sections 7, 12 and 37 shall apply to every arbitration under any other enactment, which will include arbitration under section 44 of the lucknow university act also as if the arbitration were pursuant to an arbitration agreement ..... as raised by the learned advocate-general, i need only add that section 44 of the lucknow university act does not charge the chancellor with the duty of constituting the tribunal. .....

Naba Kishore Gadapalla Vs. the Utkal University

Court : Orissa

Reported in : AIR1978Ori65

..... of the results of the examination on our finding that petitioner had already passed in the chemistry subject is contrary to the regulations and the university acts contrary to the statute and the re-gulations by withholding the petitioner's results. ..... last preliminary objection is that under the university act, the chancellor has powers to look intothe grievance and petitioner should not have come to court.none of the objections raised by mr, mohapatra for the university appears to be tenable petitioner is entitled to publication of his results if he has passed in the chemistry subject and university is not entitled to withhold the same. ..... the petitioner secured 38 plus 18 in the two written papers and a space has been left to indi-cate that internal assessment marks have not been noted.there is no scope for dispute that the university authorities had represented to the petitioner as also to the principal of the college that petitioner had secured pass marks in the written papers of chemistry. ..... admittedly, the results of all candidates who had taken the 1976 annual examination have been long published and the university has not published the results of the petitioner on the footing that he was not competent to sit at the examination in one ..... since pro rata increase which has been given by the tabulator is not permissible, there can be no estoppel and the university is still entitled to contend that the petitioner had actually secured 44 marks against 56 as shown in the 'mark-sheet .....

Hislop Education Society Vs. Nagpur University

Court : Mumbai

Reported in : (1982)84BOMLR67

..... other material which was not before the enquiry committee are concerned, the learned counsel relying on the provisions of nagpur university act 1963 contended that as per the provisions of section 20(ecu), (xx), (xxviii) and (xxix) the executive council would exercise very wide powers and perform such duties which were not only conferred and imposed by the act, statutes, ordinance and regulation but also exercise all other powers of the ..... the old nagpur university act of 1963 conferred these powers on the 'court' as it was called and under section 18 of the said act subject to such conditions as were prescribed under the said act, the court had power to exercise the powers laying down scales of pay and conditions of the employment of the members of the teaching and non-teaching staff in affiliated colleges and recognised institutions and to ensure ..... admittedly, the new nagpur university act of 1974, has come into force from may 21, 1974 and under section 90 the nagpur university act 1963 stands repealed. ..... even according to the saving provisions contained in section 91(1)(xiii) of the new nagpur university act, 1974, alternate statute cannot be deemed to have been made or issued under the new act because the senate could not have been delegated with the power to make provision for appeal when the enabling act itself provided for it. ..... on august 14, 1974 the new nagpur university act, 1974 (hereinafter referred to as the 'new act') had already come into force on may 21, 1974. .....

Registrar of Delhi University Vs. Ashok Kumar Chopra and anr.

Court : Delhi

Reported in : ILR1968Delhi364

..... rameshwar dial appearing on behalf of the students did nto support the conclusion of the learned judge on this part of the case and if we may say so, rightly, we agree with the learned judge that when the university was cancelling or disapproving of the provisional admissions of the students, it had to act objectively and its action was likely to affect seriously the rights and career of the students, and thereforee, it was necessary for the ..... when the applications were taken from the students by the principals of the college for forwarding the same to the university, the principals were acting as agents of the universtity and the university all along knew that on the strength of the provisional admission granted to them by the principals, the students are continuing their studies in the college and if they are to be told that they were nto eligible ..... conduct in remaining silent, held out or represented to the concerned students that their admissions were approved by the university' and consequently, the doctrine of legal estoppel, as laid down in section 115 of the evidence act, applied to the cases with the result that it was nto open to the university to put forward the contention that the university did nto approve of the admission of the three students and they were nto eligible for such admission. ..... shri avadh behari did nto bring to our ntoice any provision in the university act or the statutes or ordinances to that effect. .....

Annamalai University Rep. by Registrar Vs. Secy. to Govt. Infn. and To ...

Court : Supreme Court of India

Reported in : 2009(57)BLJR1022; JT2009(4)SC43; 2009(3)SCALE293; (2009)4SCC590; 2009(2)LC1022(SC)

..... it has, however, been stated at the bar that the ignou has neither made any regulations nor any statutes.the first schedule appended to the open university act provides for the objects of ignou, the relevant provisions whereof read as under:1(e) contribute to the improvement of the educational system in india by providing a non- formal channel complementary to the formal system and encouraging transfer of credits ..... vahanwati, learned solicitor general who appeared at the request of the court would contend that from the statement of objects and reasons of open university act it is evident that the parliament made a distinction between formal and non-formal education and ugc act being concerned with formal education, ignou and particularly the dec had the requisite jurisdiction to lay down syllabus as also duration of such courses.13. mr. ..... the introduction and promotion of distance education in the educational system of the country is, therefore, of great significance.we may also notice some provisions of the open university act.2(e) 'distance education system' means the system of imparting education through any means of communication, such as broadcasting, telecasting, correspondence courses, seminars, contact programmes or the combination of any two or more of such means;xxx xxx xxx3. ..... from various correspondences, it would appear that the ugc regulations were amended only in the year 2003 and the master's degree awarded upto 30.6.1989 were treated to be valid.iii. .....