Court : Supreme Court of India
..... similarly, the central government has also enacted various legislations relating to higher education under entry 25 of concurrent list pertaining to centrally funded universities such as babasaheb bhimrao ambedkar university act 1994, maulana azad national urdu university act, 1996, indira gandhi national tribal university act, 2007 etc. ..... with regard to the fees that it proposes to charge from the candidates seeking admission taking into account all the cost components, the reasonable surplus required for growth and development and other factors relevant to impart professional education as mentioned in section 9 (1) of the act, 2007 and the function of the committee is only to find out, after giving due opportunity of being heard to the institution as provided in section 9 (2) of the act, 2007 whether the fees proposed by the institution to be charged to the student are based on the factors mentioned in section 9 (1) of the act, 2007 and did ..... first, the objective, which the measures, responsible for a limit on a charter right or freedom are designed to serve, must be of sufficient importance to warrant overriding a constitutional protected right or freedom...second the party invoking section 1 must show that the means chosen are reasonable and demonstrably justified. .....
Tag this Judgment!Court : Patna
..... jagdam college, chapra (hereinafter called' the college') was an affiliated college of bihar university (now known as babasaheb bhimrao ambedkar university). ..... reported in 1994 (2) blj 196) disposed of on march 23, 1994 on the scope of section 35 of the universities act and certain other decisions of this court as well as the supreme court holding that appointments made contrary to the provisions of the statute are violative of articles 14 and 16 of the constitution and no relief can be granted to the persons concerned, declined to issue any favourable direction with respect to the appellants. ..... dtc mazdoor congress : (1991)illj395sc the doctrine of reading down or of recasting the statute can be applied for saving a statute from being struck down on account of any unconstitutionality or on the ground of vagueness or ambiguity where it is possible to gather the intention of the legislature from the object of the statute, the context in which the provision occurs and the purpose for which it is made.24. ..... the court observed, 'with a view, therefore, to effectuate the object of the religious institutions or endowment or specific endowment and to encourage establishment of such institutions in future, making the founder or in his absence a member of his family to be chairperson and to accord him a major say in the management and governance would be salutary and effective. .....
Tag this Judgment!Court : Supreme Court of India
..... similarly, the central government has also enacted various legislations relating to higher education under entry 25 of the concurrent list pertaining to centrally funded universities such as the babasaheb bhimrao ambedkar university act, 1994, the maulana azad national urdu university act, 1996, the indira gandhi national tribal university act, 2007, etc. ..... a comparative table and analysis of the provisions of the imc act, 1956 and the assam act is as under: parameters indian medical council assam rural health act, 1956 regulatory authority act, 2004 object of the act an act to provide for the an act to provide for reconstitution of the the establishment of a medical council of india, regulatory authority and the maintenance of a in the state of assam medical register for to regulate and india and for matters register the diploma connected therewith. ..... the context otherwise requires: (a) act means the assam rural health regulatory authority act, 2004; (b) authority means the assam rural health regulatory authority established under section 3; 81 (c) certificate means a certificate issued by the authority under section 17; (d) course means the prescribed course of education and training for the diploma in medicine and rural health care; (e) diploma in medicine and rural health care means the diploma awarded by the authority on successful completion of the course of diploma in medicine and rural health care under the provisions of the act .....
Tag this Judgment!Court : Supreme Court of India
..... the central government has also enacted various legislations relating to higher education under entry 25 of the concurrent list pertaining to centrally funded universities such as the babasaheb bhimrao ambedkar university act, 1994, the maulana azad national urdu university act, 1996, the indira gandhi national tribal university act ..... the council; (fa) the form of the scheme, the particulars to be given in such scheme, the manner in which the scheme is to be preferred and the fee payable with the scheme under clause (b) of sub section (2) of section 10 a; (fb) any other factors under clause (g) of sub section (7) of section 10 a; (fc) the criteria for identifying a student who has been granted a medical qualification referred to in the explanation to sub section (3) of section 10 b; (g) the particulars to be stated, and the proof of qualifications to be given in applications for registration under this act; (h) the fees to be paid on applications and appeals under this act; (i) the ..... be brought about in diverse ways with varied purposes and manifold objects, the peculiar principles of interpretation laid down by the courts for implementing reservations envisaged under the constitution in order to ensure adequate and effective representation to the backward classes as a whole cannot be readily applied out of context and unmindful of the purpose of 109 reservations as the one made in this case, more to safeguard the interest of candidates who were already in service to enable such .....
Tag this Judgment!Court : Supreme Court of India
..... it is noted that some of the central educational institutions particularly those situated in the north-eastern states including sikkim (but excluding the non-tribal areas of assam) inhabited significantly, and in some cases predominantly by tribal population and babasaheb bhimrao ambedkar university, lucknow, which has been reserving fifty per cent. ..... in the present case, the manipur university has to fix the percentages of reservation for the scs, sts and obcs on the basis of the central educational institutions (reservation in admission) act, 2006 as amended in 2012 and not on the basis of section 31(1)(a) or any other provision of the manipur university act, 2005 as the manipur university act is no more the source of authority for determining the percentages of reservation after the implementation of the central educational institutions (reservation in admission) act, 2006. ..... in our opinion, any such interpretation would strike at the root of the amendment act which was legislated with the sole object of overcoming the ambiguities that had come to the fore on working out the warp and woof of the reservation act, namely, the inability to meet the aspirations of a large number of st candidates looking for opportunities to gain entry in ceis located in the areas subsequently defined as the specified north eastern region in the amendment act.30. .....
Tag this Judgment!Court : Patna
..... 13, the university of bihar (now known as babasaheb bhimrao ambedkar bihar university) got a forged sale deed dated 23-8-1985 manufactured in their favour. ..... sub-rule (4) which was inserted in the code by amendment act 104 of 1976, around which the controversy revolves, may be quoted as hereunder:-- 'the court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, having filed it, has failed to appear and contest the suit at the hearing, and judgment may, in such case, be pronounced against the said defendant notwithstanding the death of such defendant and ..... the petitioner objected to the prayer by filing rejoinder. ..... proviso to section 115 of the code of civil procedure forbids the high court from interfering with any order which, if it had been made in favour of party applied for the revision, would not have finally disposed of the suit or other proceeding. ..... the application for exemption was filed on 1-9-1994 only after the petitioner filed an application to dismiss the suit on the ground of abatement on 31 -8-1994. 6. ..... on 1-9-1994 an application was filed on behalf of the plaintiffs to exempt them from the necessity of substituting the legal representative of defendant no. .....
Tag this Judgment!Court : Supreme Court of India
..... the learned judge then held that the objective of the notification was to afford special protection to the scheduled castes as a homogenous group, which cannot be regrouped in the manner in which it was done by the andhra pradesh act ..... issued, by introducing the economic criteria in the grant of reservation by giving preference to the poorer sections of the sebc s in the 27% quota and reserving another 10% of the vacancies in the civil services for other economically backward sections not covered by any of the existing schemes of reservation, which was explained to extend to the poorest amongst the higher caste and ..... anything contained in the 1994 act or the 2006 act or in any other law for the time being in force or in any judgment, decree or order of any court or other authority, having regard to the social and educational backwardness of arunthathiyars included in the scheduled castes, sixteen per cent of the appointments or posts reserved for the scheduled castes shall be offered to arunthathiyars, if available, in appointments or posts in the services under the state, on preferential basis amongst the scheduled castes, ..... the discussion that the expression should include criminal and wandering tribes, aboriginal tribes and untouchables.182 in 1917, sir henry sharp, the education commissioner, prepared a list of depressed classes which included the aboriginal or hill 181 marc galanter, competing equalities: law and the backward classes in india, [oxford university ..... babasaheb ambedkar .....
Tag this Judgment!Court : Supreme Court of India
..... been convicted twice for any non-bailable offences under chapters xii, xvi and xvii of the indian penal code including an order under section 118 of the criminal procedure code should be considered a habitual offender for the purposes of the new act .297 the committee was of the view that provisions similar to sections 23, 24, 26, and 27 of the criminal tribes act should not be included in the new act.298 217 after the repeal of the criminal tribes act, several states enacted new habitual offender laws in their jurisdictions. ..... 116 in his submissions before the southborough committee in 1919, dr ambedkar highlighted how the untouchables faced the worst form of social disabilities: the untouchables are usually regarded as objects of pity but they are ignored in any political scheme on the score that they have no interests to protect. ..... these included jotiba phule, babasaheb ambedkar, e.v. ..... babasaheb ambedkar: writings and speeches, vol. 1, p ..... babasaheb ambedkar: writings and speeches, vol. 1, p ..... babasaheb ambedkar: writings and speeches, vol. 1, p ..... babasaheb ambedkar: writings and speeches, vol. 3, pp. 25- 26 ..... babasaheb ambedkar: writings and speeches, vol. 1, p.54 ..... babasaheb ambedkar: writings and speeches, vol. 1, p. 16; b.r. ..... babasaheb ambedkar: writings and speeches, vol. 1, p ..... ), subaltern studies viii: essays in honour of ranajit guha, oxford university press (1994), pp. ..... ambedkar, evidence before the southborough committee , in dr babasaheb ambedkar: writings and speeches, vol. 1, p. .....
Tag this Judgment!Court : Supreme Court of India
..... as a result of these findings, the australian parliament, on 19.12.1994, passed the human rights (sexual conduct) act, 1994, section 4 of which reads as under:- 4. ..... ...petitioners union of india index to the judgment versus ...respondent judgment a b from denial to freedom to the wisdom of the court 3 c d e from the ashes of the gay arc of the moral universe c.i an equal love beyond physicality: sex, identity and stereotypes e.i facial neutrality: through the looking glass e.2 deconstructing the polarities of binary genders confronting the closet f f.i sexual privacy and autonomy- deconstructing the heteronormative framework f.2 a right to intimacy- celebration of sexual agency g section 377 and the right to health g.i section 377 and hiv prevention efforts g.2 mental health judicial ..... 34 when the constitutionality of a law is challenged on the ground that it violates the guarantees in part iii of the constitution, what is determinative is its effect on the infringement of fundamental rights.84 this affords the guaranteed freedoms their true potential against a claim by the state that the infringement of the right was not the object of the provision. ..... in his famous, yet undelivered speech titled annihilation of caste (which has been later published as a book), dr ambedkar described fraternity as primarily a mode of associated living, of conjoint communicated experience and essentially an attitude of respect and reverence towards fellow men. ..... 372 babasaheb.r. .....
Tag this Judgment!Court : Supreme Court of India
..... in fact, it follows as a necessary corollary to the discussion in the preceding segments of this judgment that looking to the purpose and the objective of the present affirmative action, that is, reservation for the benefit of economically weaker sections, the other classes, who are 129 already availing the benefit of affirmative action of reservation by virtue of articles 15(4), 15(5) and 16(4), are required to be kept out of the benefits of ews reservation in articles 15(6) and 16(6). ..... . as recognized by babasaheb ambedkar, at the moment that ur constitution just set sail, that while the first rule of the ship, in the form of formal equality, was guaranteed, inequality in terms of access to social and economic resources was rampant and on a massive scale, and that so long as they individually, and the social groups they were a part of, continue to not access to social and economic resources that affords them dignity, they would always be on the margins of the ship, with the ever present danger of ..... . it is pertinent to note that the breach of the 50% limit is the principal ground of attack, of the 76th constitutional amendment 1994 which inserted as entry 257a the tamil nadu backward classes, scheduled castes and scheduled tribes (reservation of seats in educational institutions and of appointments or posts in the services under the state) 93 act, 1993 in the ixth schedule .....
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