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State of Jammu and Kashmir Vs. M.S. Farooqi and ors.

Court : Supreme Court of India

Reported in : AIR1972SC1738; 1972LabIC900; (1972)1SCC872; [1972]3SCR881

..... by article 14 of the constitution as 'there is a clear discrimination between the members of all india services posted else where and the members of the same service posted in the state inasmuch as inquiry against the former for acts of corruption is to be held under the central act and the rules made thereunder while against the latter for the same acts of corruption enquiry is to be held under the commission act, the provisions of which are for more drastic than the central ..... nature is not concerned with provincial matters, but the question is not, has it trespassed more or less, but is the trespass, whatever it be, such as to show that the pith and substance, of the impugned act is not money lending but promissory notes or banking?their lordships further observed:does the priority of the federal legislature prevent the provincial legislature from dealing with any matter which may incidentally affect any item in its list ..... , or in each case has one to consider what the substance of an act is and, whatever its ancillary effect, attribute it to the appropriate list according to its true character?in this case there was no conflict alleged with ..... bank of commerce [1947] s.c.r. 28. .....

Pepsu Road Transport Corporation, PatialA. Vs Mangal Singh and ors.

Court : Supreme Court of India

..... be associated with the board under section 10;(b) the time and place of meetings of the board and the procedure to be followed in regard to transaction of business at such meetings;(c) the conditions of appointment and service and the scales of pay of officers and other employees of the corporation other than the managing director, the chief accounts officer and the financial adviser or, as the case may be, the chief accounts officer ..... the oil and natural gas commission act in section 12 specifically enacts that the terms and conditions of the employees may be such as may ..... scc 59, that the respondents cannot take the plea that they were not given the opportunity to opt for the pension scheme in the absence of the service of notice by the corporation to its individual employees.9) learned counsel for respondents submits relying on dakshin hayana bijli vitran nigam v. ..... 309 of the constitution of india or a statute and would otherwise be governed by article 311(2) of the constitution of india; (2) where the conditions of service are governed by statute or statutory regulation and in the event mandatory provisions thereof have been breached; (3) when the service of the employee is otherwise protected by a statute; and (4) where a right is claimed under the industrial disputes act or sister laws, termination of service having been effected in breach of the provisions thereof.39. ..... 10 scc 297, all india reserve bank retired officers assn. v. ..... all india reserve bank retired officers' assn .....

State of W.B. and anr. Vs. Bandan Bayen and ors.

Court : Supreme Court of India

Reported in : 1996IAD(SC)388; JT1995(9)SC227; 1995(7)SCALE306; (1996)1SCC627; [1995]Supp6SCR304

..... it would thus be seen that the regulations for recruitment through public service commission are in respect of clerical establishment, stenographers and typists of the secretariat and the heads of ..... once they stand excluded from the recruitment by the public service commission, the necessary concomitant result would be that they are governed by the board's miscellaneous rules ..... words, except those mentioned in schedule 2 and 2-c, all other departments in other respects the district and sub-divisional offices stand excluded by operation of regulation 31 of the west bengal public service commission regulation 1937. ..... regulation 31 excludes other departments which envisages thus:it shall not be necessary to consult the commission with respect to the matters specified in clauses (a) and (b) of sub-section (3) of section 266 of the act for any service or post not included in schedule 'c' annexed hereto the appointing authority for which is an authority subordinate to the provincial ..... manifested when we see schedule 2 and schedule 2-c attached to the west bengal public service commission regulation, 1937. ..... question in this appeal is whether the respondents are governed by the rules for the regulation of the recruitment to the clerical service of the secretariat and certain other offices of the government of west bengal issued in notification no. ..... the question thus emerges whether the west bengal services (secretariat common cadre) rules, 1984 (for short 'the rules') issued under proviso .....

Dr. N.C.K. Reddy Vs. Government of Andhra Pradesh, Medical, Health and ...

Court : Andhra Pradesh

Reported in : 2003(4)ALT234

..... learned senior counsel also argued that as per rule 6 of the ap public service commission rules, the section list prepared and published by the commission shall remain in force for a period of one year from the date on which the selection list is published in the notice board of the commission or till the publication of the new selection list whichever is earlier. ..... as per rule 6 of the ap public service commission rules of procedure, the ranking list prepared by the commission for selection in a direct recruitment shall remain in force for a period of one year from the date on which the selection list is published on the notice board of the commission or till the publication of the new selection list whichever is earlier ..... undisputed facts remain are that the petitioner herein was selected by the andhra pradesh public service commission in the examination conducted in 1978 and he was placed at rank no. ..... candidates shown in annexure ii to the above go shall be given regular appointment as civil assistant surgeon and inter se seniority of civil assistant surgeons shall be prepared as per the merit list issued by the andhra pradesh public service commission. ..... 597 medial and health (a1) department dated 1-8-1984, the petitioner was temporarily promoted to the post of professor of pediatric surgery in class-i, category 2, branch-i teaching cadre of the ..... 597 dated 1-8-1984 wherein the petitioner and third respondent were promoted as professor; or ..... 597 dated 1-8-1984, the petitioner, dr. .....

Srinivasa Enterprises, Represented by the Managing Partner, Peddi Venk ...

Court : Supreme Court of India

Reported in : AIR1981SC504; (1984)4SCC507; [1981]1SCR801; 1980(12)LC962(SC)

..... banking regulation act, 1949, or a banking institution notified by the central government under section 51 of that act or the state bank of india constituted under section 3 of the state bank of india act, 1955, or a subsidiary bank constituted under section 3 of the state bank of india (subsidiary banks) act, 1959, or a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, or a regional rural bank established under section 3 of the regional rural banks act, 1976 or a co-operative bank as defined in clause (bii) of section 2 of the reserve bank of india act ..... ()(a) the companies had advanced sizeable amounts to the directors or their relatives or firms in which they were interested as partners, directors or as commission agents and there were practically no repayments of the loans; (b) the books of account had not been maintained satisfactorily; (c) close relatives of the directors had been ..... to the subscribers against the security of the subscriptions paid or on an unsecured basis as also loans to other parties, service charges and membership fees collected from the subscribers at the time of admission to the membership of the schemes. ..... this is exclusive of the amounts which the company might be collecting by way of membership fees and service charges from the subscribers and also of the amounts which it might be appropriating in respect of the subscriptions on forfeited tickets on which there will be .....

M. Jyothi Raju Vs. Managing Director, National Co-operative Consumer F ...

Court : Andhra Pradesh

Reported in : 2004(1)ALT159

..... of the board of directors is conducted by the returning officer appointed by the central registrar, co-operative societies in accordance with the provisions of the multi state cooperative societies act, 1984 and the rules made thereunder in the year 1985.7. ..... at the outset, it is stated that the nccf dealt with the sale of consumer goods on commission terms to other co-operative societies and render technical guidance to them and as such, does not fall under the purview of 'state' as defined in article 12 of the ..... this writ petition is filed for issuance of a mandamus declaring the action of the 1st respondent in terminating the services of the petitioner as illegal and improper and consequently to direct the respondents to reinstate the petitioner into the post of upper division clerk in the national co-operative consumer federation of india limited (for short ..... chandra bhan dubey, : (1999)illj633sc and submitted that the said bank is held to be a statutory body and an authority falling under article 12 of the constitution of india and, therefore, it is amenable to ..... because the bye-laws have the force of law, but on the ground that having framed the bye-laws prescribing the service conditions of its employees, the society must follow them, in the interest of fairness. ..... an year ending day and as such, the banks were not functioning. ..... development bank ltd ..... the petitioner further relied upon a full bench decision of this court in sri konaseema co-operative central bank ltd. v. n. .....

K.H. Siraj Vs. High Court of Kerala and ors.

Court : Supreme Court of India

Reported in : AIR2006SC2339; 2006(2)KLT923(SC); 2006(6)SCALE167; (2006)6SCC395; 2007(1)SLJ164(SC)

..... with the j & k public service commission (conduct of business and procedure) rules, 1980 vis--vis j & k medical education (gazetted) services recruitment rules, 1979 held as follows:the public service commission is a body created under the constitution ..... the british civil service experiments with the interview.the purpose of viva voce test for the ics examination in 1935 could be best understood from the following extract of the civil service commission's pamphlet:viva voce - the examination will be in matters of general interest : it is intended to test the ..... 17 of ksssr, there should be a supplementary list as per kerala public service commission rules of procedure rules 4(iv) and 12. ..... singh (supra), public service commission's power to shortlist candidates ..... in that case, the public service commission invited applications for appointment to the post ..... than five years and has not completed 35 years of age on the first day of january of the year in which applications for appointment are invited.rules 14 to 17 of the kerala state and subordinate services rules, 1958 read as under:(14) scheduled castes and scheduled tribes mean the castes and tribes declared as such by the president of india under article 341(1) and 342(1) of the constitution of india and ..... service rules, 1991 (hereinafter referred to as 'the rules') were made in exercise of the powers conferred by articles 234 and 235 of the constitution of india and sub-section(1) of section 2 of the kerala public services act, ..... 1984 .....

N.R. Ajwani Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 95(2002)DLT770

..... order of dismissal on the premise that the order was passed in exercise of presidential pleasure under article 310(1) of the constitution of india and under section 18 of the air force act but with reference to right to pension the division bench took the view that the petitioner was entitled to pension on the ground that the order passed by the president forfeiting the ..... adviser shall not make copies of the proceedings or any part thereof and that the informations or documents contained in such proceedings shall not be used for any purpose of submitting a petition in accordance with the army act or instituting an action in a court of law in relation to the findings or sentence of the said court martial, and (b) he or his legal adviser should also furnish at the same time a certificate, that ..... an order and determine the true character of the order under challenge.under the circumstances, for the afore-mentioned reasons the answer to the reference is that an order under section 18 of the army act read with article 310 of the constitution of india invoking the doctrine of pleasure of president is subject to judicial review to ascertain whether the same is exercised lawfully and not vitiated for mala-fides ..... commissioned in the indian army on 27.9.1963, and whereas, his services were terminated by the president with effect from 13.3.1980 under section 18 of the army act, after rendering 16 years (completed) commissioned service ..... fiftieth amendment) act, 1984, article 33 ..... ) act, 1984, this .....

Ran Vijay Singh Chauhan Vs. Joint Director of Education, Jhansi and Ot ...

Court : Allahabad

Reported in : 2001(1)AWC744; (2001)1UPLBEC407

..... . secondary education services commission (removal of difficulties) (second) order, 1981, in ..... . secondary education services commission (removal of ..... education service commission ( ..... paragraph 15 as under :'in view of the judgment, 1992 (2) uplbec 1420, we are of the opinion that the incumbents working on ad hoc basis against short-term vacancies should not be automatically thrown out of service in view of the decision in case of pramila mishra (supra) when 'short-term' vacancy became 'substantive vacancy' ..... converted into a substantive one by reasons of resignation, retirement, death or otherwise till such time as a candidate selected for regular appointment turns up to join the post held by ad hoc appointee unless his services are terminated earlier on the grounds connected with misconduct, unsuitability or bona fide abolition of post.'16 ..... that a teacher appointed by the management of the institution on ad hoc basis in a short-term vacancy (leave vacancy/ suspension vacancy), which is subsequently converted into a substantive vacancy in accordance with the provisions of the act, rules and orders, (on death, resignation, dismissal or removal of the permanent incumbent), cannot claim a right to continue ..... . grade, as the case may be, having a minimum of five years continuous substantive service to their credit on the date of occurrence of the vacancy shall be considered for promotion by the committee of management without their having to apply for the same provided they possess ..... , 1984 .....

Rci Power Limited Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : AIR2004AP60; 2003(3)ALD762

..... the sheet anchor of the contention of the commission is that the word 'tariff defined under explanation (b) to section 26 of the act is wide enough to take all charges for which services are rendered and since wheeling is a service rendered by the licensee, the commission is well within its powers to fix the wheeling charges ..... to look into the policy measures, draw up programme, schemes to popularize the energy consumed through renewable resources and also directed the respective state governments and the electricity boards to provide facilities for wheeling, banking, third party sale and purchase of power by electricity boards on remunerative prices in their policy announcements for evacuation of power generated from the renewable energy projects. ..... clauses act in the event of an act being repealed and a new act is brought into existence notwithstanding the repeal of the old act, the rights, privileges, obligations or liabilities acquired, brought or incurred under the repealed enactment shall not be effected and they are saved unless the rights brought under the repealed act are specifically taken away by the repealing act.239. ..... of state for the home department, 1992 (1) wlr 1052, the house of lords while considering whether regulation 3(4) of the immigration appeals (notices) regulations, 1984 dispensing with the written notice to be served on the person in respect of whom the decision to deport is ultra vires of section 18 of the act, framed under immigration act, 1971.110. .....