Court : Kolkata
Reported in : AIR1981Cal225
..... the university was functioning through the different authorities established under the act, the west bengal legislature enacted the 'calcutta university (temporary supersession) act, 1978' which came into force on 12th day of january, 1978. ..... thereafter took place amongst the appellant, the university of calcutta and the government of india and ultimately on may 31, 1978 the appellant was informed that his case relating to correction of age was placed before the calcutta university council on april 13, 1978 and after due consideratidh the council resolved that the vice-chancellor could not invoke his powers under section 9 (6) of the calcutta university act, 1966, hereinafter referred to as the act, to correct the age of person and the ..... effect from the date of coming into force of this act, hereinafter referred to as the 1978 act, all the powers and duties assigned to all the authorities referred to in the act came to be exercised by a council known as the calcutta university council constituted under section 4 (c) of the 1978 act. ..... the learned judge accordingly held that the resolution of the calcutta university council dated april 13, 1978 to the effect that there was no evidence of correction of the age of the appellant by the former vice-chancellor in the records of the university and the refusal of the council to accept the correction made by the former vice-chancellor in the original matriculation certificate of the appellant could not be said to be erroneous or illegal .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1992Cal169,96CWN890
..... state of west bengal praying inter alia for appropriate writ of mandamus declaring the pretended amendments of statutes 93, 100 and 100a in pursuance of section 4 of the calcutta university (temporary supersession) act, 1978 along with section 58 and sub-section (2) of the calcutta university act, 1966 as illegal, unconstitutional, ultra vires, void and bad in law and other consequential reliefs to restrain the respondents from giving any effect or further effect ..... calcutta university (temporary supersession) act, 1978 (west bengal act vii of 1978), the university of calcutta was superseded, and as a consequence of supersession, with effect from the date of coming into force of the said act or members, inter alia, of the senate and the syndicate vacating their respective offices and all powers and duties assigned to the said bodies and the other authorities of the university under the act or the statute became exercisable by the calcutta university council, which was formed under the supersession act ..... writ petition has been filed by ranadeb chowdhury and 9(nine) others challenging section 9 of the calcutta university (temporary supersession) act, 1978 along with section 58 and sub-section (2) of the calcutta university act, 1966 as illegal, unconstitutional, uitra vires and bad in law and for an appropriate writ of prohibition to restrain the respondents from giving effect to or acting under or in respect of the pretended amendments and the notice dated 27th april,1979, copies .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1983Cal427
..... 12, 1978 the calcutta university (temporary supersession) ordinance 1978 came into effect.5. ..... in this connection it would be relevant to look into some of the provisions of the west bengal medical and dental colleges (regulation of admission) act, 1973 being west bengal act xxxvi of 1973 under which the said joint entrance examinations were held, and the formalities that were required to be performed for admission in any of the medical or dental colleges provided therein. ..... muddala veeramallappa : [1961]2scr295 : 'a judge should, ask himself the question how, if the makers of the act had themselves come across thus ruck in the texture of it, they would have straightened it out he must then do as they would have done. ..... by and under the provisions of the said west bengal medical and dental colleges (regulation of admission) act of 1973 the admissions into collegesof the candidates were regulated. ..... students who got themselves admitted after passing joint entranee examination of 1977 such candidates would be required to act in compliance with the bond they have executed, in accordance with the provisions of the act of 1973 but recording the candidate viz. ..... she bound herself by the provisions of section 7 (4) of the said act of 1973 and having done so she could not seek transfer from b.d.s. ..... a judge must not alter the material of which the act is woven, but he can and should iron out the creases', to give the expressions used therein the correct meaning. .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)3CALLT39(HC)
..... the respondent/university therefore continued to be governed by the kalyani university act, 1960 read with kalyani university (temporary supersession) act, 1978.26. ..... to the conclusion within the time frame stipulated above that the promotions are in excess of the ceiling limits of 1/3 in the respective cetegory then the respondent/ university shall refer the case within one week after the time stipulated above to the state whereupon the state shall consider the matter with respect to according approval and/or sanctioning additional posts and ..... continuing as such immdiately before the appointed day shall be deemed to be affiliated to or recognized by, the university; (c) all colleges or institutions of whatever kind established, maintained or managed by the former university prior to the appointed day shall be deemed to be colleges or institutions established, maintained or manged by the university under this act; (d) all affairs, functions or activities of the former university including studies and examinations, commenced and in programme before the appointed day, shall be deemed to be progress as if they had been commenced ..... calcutta university, calcutta - 700 073 wherein it has been clarified 'that a teacher who opted for merit promotion scheme in writing in 1987 can be granted two promotions, if he/she is found eligable and fulfills other conditions on the merit promotion .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1954Cal49,57CWN613
..... the corporation of calcutta as constituted under the calcutta municipal act of 1923 was superseded by an order passed under the corporation of calcutta (temporary supersession) act of 1948 (which will be referred to hereafter for convenience as the supersession act), which act was originally in force up to 31-3-1949, but by subsequest extensions is now in force ..... light, sub-sections (2) and (3) will be attracted to general elections of councillors to which the act would apply and, therefore, the general election of councillors under section 4 (2) (a) of the calcutta corporation (temporary supersession) act of 1948 which is to be in conformity with the provisions of the calcutta municipal act would attract sub-sections (2) and (3) of section 45 ..... . while it is true, as already stated, that no universal rule can be laid down, two principles which the courts have found possible to enunciate in considering the numerous cases which have come before the courts in england and in this country on this question ..... . turner' (1860) 2 de g f & j 502 (b), 'that no universal rule can be laid down as to whether mandatory enactment shall be considered directory only, or obligatory, with an implied nullification for disobediences it is the duty of courts of justice to try to get at the real intention of the legislature ..... . said as follows :'......no universal rule can be laid down for the construction of statutes as to whether any enactment shall be considered directory only or obligatory, with an .....
Tag this Judgment!Court : Kerala
Reported in : AIR1979Ker171
..... centre of examination or by the controller of examinations and to punish such misconduct by exclusion from any university examination or from any university course in a college or in the university or from any convocation for the purpose of conferring degrees either permanently or for a specified period, or by the cancellation of the university examination for which he appeared or by the deprivation of any university scholarship, held by him or by cancellation of any university prize or medal awarded to him or by such other penalty as it deems fit:provided that any ..... having manhandled, beaten, illtreated and abused the seven named students; and having inflicted physical and mental harm by forcing them to do violent exercises to the point of exhaustion, making them do obscene acts like masturbation, exposure of private parts of the body, forcing them to take bath in filthy water in the dead of night, teasing, making them dance naked, sing obscene songs and the like. ..... powers of syndicate-- subject to the provisions of this act and the statutes, the executive powers of the university including the general superin-dence and control over the institutions of the university shall be vested in the syndicate and subject likewise the syndicate shall have the following powers, namely:--x x x x x(xiii) to exercise supervision and control over the residence and discipline of students;x x x x x(xix) to delegate ..... p-1 dated 19-6-1978 is the ..... 2740 of 1978, with respect to which the principal .....
Tag this Judgment!Court : Chennai
Reported in : 2004(5)CTC572
..... necessary to have an overview of the relevant provisions under both the acts:anna university act, 1978: under section 5, while dealing with the powers and functions of the university, power is given to the university to affiliate colleges to the university under conditions 'prescribed' and to withdraw such affiliation vide section 5(ac) ..... though the respondent/anna university was established in the year 1978 itself by virtue of anna university act, 1978 (hereinafter called 'the act') with the object of establishing a university of technology in the state of tamil nadu, the colleges in different areas in tamil nadu continued to be affiliated only to the respective universities which were established for different and specific areas/ ..... (iv) reference was made to the various provisions under the anna university act, 1978, in support of the contention that the university can act only in terms of their own regulations and its control over the constituent colleges can be exercised only in ..... regulations, more so when(iii) the deficiency of non-availability of professors/assistant professors is only a temporary phenomena faced by every institution, including government institutions at the time of summer vacation as the incumbents choose to move from one institution to another in search of ..... academic year 1988-89, subject to the implementation of the recommendations of the inspecting commission and subject to the conditions of affiliation already intimated while granting temporary affiliation. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC3478; 2004(4)ALD99(SC); 2004(5)ALLMR(SC)658; JT2004(Suppl1)SC548; 2004(5)SCALE551; (2004)6SCC661; (2004)2UPLBEC1663
..... in any aspect of the service either in their official or personal capacities; and* the school board would have a minimal role in custodial oversight of the service.under the federal equal access act, a school which provides a limited open forum by allowing non curriculum- related student groups to meet on school premises during non-instructional time cannot discriminate among groups on the basis of the content of speech ..... be included as a course of study having been considered and examined by an expert body of ugc and they having recommended for including the said course for study and award of degree in universities, it will not be proper for this court to interfere with the aforesaid decision specially when no violation of any statutory provisions is demonstrated.14. ..... state of punjab : air1971sc1737 , challenge was made to certain provisions of guru nanak university amritsar act (act 21 of 1969) which made a provision for study and research on the life and teachings of guru nanak and their cultural and religious impact in the context of national and world ..... at its first meeting the expert committee recommended opening of the departments of 'jyotir vigyan' instead of 'vedic astrology' in universities for course studies and research leading to the award of certificate, diploma, degrees - both in undergraduate and post-graduate and ..... university grants commission act, 1956, the ugc has been entrusted with the duty, inter alia, to recommend measures for the improvement of university education .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC471; 2007(2)ALD1(SC); 2007(1)AWC524(SC); [2008(2)JCR55(SC)]; JT2007(1)SC24; 2006(11)SCALE482; 2006AIRSCW5879; 2007(1)SCC641
..... clearance scheme sponsored by government, or by any authority established by government for carrying out any such scheme, or, with the prior approval of the appropriate government, by a local authority or a society registered under the societies registration act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a state, or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force ..... commercial taxes reported in : air1988sc1487 , the court observed that the eminent domain is an essential attribute of sovereignty of every state and authorities are universal in support of the definition of eminent domain as the power of the sovereign to take property for public use without the owner's consent upon ..... 30th january, 1959 issued under section 3(1) of the west bengal premises requisition and control (temporary provision) act, 1947, the government requisitioned the said land and continued to use the same for the ..... premises which were under occupation of the students of the national medical college, calcutta, were obviously badly needed for the college and the appropriate authority having failed in their attempt earlier twice, the orders having been quashed by the high court, had taken the third attempt of issuing notification under sections 4(1) and 17(4) of the act, such acquisition cannot be held to be mala fide and, therefore, the ..... . reported in : [1978]1scr641 , explained the expression ' .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1109; 1979LabIC818; (1979)3SCC458; [1979]3SCR972
..... becomes material because if it is found that the 1st respondent could not be validly appointed as governor of rajasthan and his appointment as governor is invalid, he would not be the chancellor of the rajasthan university and he would have no authority to appoint the 4th respondent as acting vice-chancellor under section 12, sub-section (7) of the university of rajasthan act and if the appointment of the 4th respondent as acting vice-chancellor is invalid, the impugned order of reversion made by him would fall. ..... these were the reasons for which we made our order dated 23rd november, 1978 rejecting the special leave petition and confirming the order passed by the full bench of the ..... the hon'ble the chief justice of calcutta high court : [1955]2scr1331 where the question was as to whether the officers and members of the staff of the high court could be said to be person's 'serving under the government of india or the government of a state ..... full bench of the rajasthan high court dismissing the writ petition filed by the petitioner for quashing and setting aside an order of reversion passed against him by the 4th respondent in his capacity as the acting vice-chancellor of the university of rajasthan. ..... is a very salutary provision, because any hope that might be held out for reappointment, or continuation in the same appointment, may act as a sort of temptation which may induce the member not to act with the same impartiality that he is expected to act in discharging his duties. .....
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