Court : Chennai
Reported in : AIR1995Mad329
..... the legislature concerned by law, be those of the house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty-fourth amendment) act, 1978 and having regard to the consistent practice, the legislature was holding the view that publications similar to the one in question are not to be construed to mean breach of privilege of the house or ..... petitioner the liability was found to be that of the administrators due to their recklessness or unlawful activities, and therefore the executive limb of the state was saddled with the liability for the lapse or act of commission and omission of its officers and therefore this is not a case where any one or more than one individual could be accused of or made answerable to the resolution passed by ..... of the alleged breach of privilege or the contempt of the authority of the house or its members on the peculiar facts and circumstances of the case, is as to whether the house has acted in conformity with the rule of law in taking an action or resolving to decide and impose a punishment on a citizen resulting in the deprivation of his life or personal liberty. ..... it was also contended that there was nothing wrong in the procedure adopted in the matter and the speaker also acted only on behalf of the house and its members in his representative capacity as the presiding officer, and in any event the record of proceedings would ..... by virtue of the constitution (44th amendment) act, 1978 as 20th june, 1979. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD558; 2000(4)ALT513
..... is answered accordingly.in re point no.5 :though no relief is claimed, learned counsel for the petitioner has strenuously contended that the students who are given temporary accommodation during the summer vacation in one of the four hostels are required to pay an amount of rs.150/-towards room rent, electricity and water charges ..... submits that since the establishment of osmania university in 1932, and during the period when osmania university act, 1959 was applicable to the university and even after coming into force of act, 1991, the university never closed down the hostels. ..... the university has adopted this method of collecting rs.150/- per student for temporary accommodation only with a view to earn more money, ..... the university also declared that temporary accommodation will be provided for those students appearing for ..... collection of charges at rs.150/- from the students who are given alternative temporary accommodation during vacation is sought to be justified in the counter on the ground that during the vacation the students who are appearing for competitive examinations conducted by the union public service commission and ..... rs.20/- is the component to meet electricity and water charges, an amount of rs.i20/- is being charged from a student who takes temporary accommodation in the hostel. ..... those students whoneed temporary accommodation during the summer vacation were required to apply to the chief warden if they are appearing for any competitive examinations like upsc, national .....
Tag this Judgment!Court : Kerala
Reported in : AIR1988Ker191
..... may cancel the examination of a candidate and/or debar him/her from appearing at any examination of the university for one or more years, if it is discovered afterwards that the candidate was in any manner guilty of misconduct in connection with his/her examination and/or was instrumental in the tampering of the university records including the answer books, mark sheets, result sheets, diploma and the like; (xxvi) the syndicate ..... details with regard to the material or evidence which may be sought to be used against him and normally if he makes a request in that behalf, the university authorities, in order to inform him adequately of the case he has to meet, would supply him the necessary particulars or details of the evidence. ..... the appellant on 18-10-1982, it was stated therein that even as per ext.p5, the appellant was informed that he can have the records of the university perused and that some of the relevant records will be brought to his notice when he appears before the enquiry officer. ..... , air 1976 sc 376, raised a contention that the university has acted beyond its power in cancelling the examination after having allowed the ..... of the university first ordinances, 1978, deals ..... university first ordinances.1978 ..... vii of the kerala university first ordinances, 1978, syndicate shall have power to quash the results of the examination taken by the candidate, and/or debar him from appearing for any examination of the university permanently or for a specified period according to the gravity .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1997Raj217; 1997(1)WLC218; 1996(2)WLN328
..... of the original record produced before me by learned additional advocate general containing the relevant information, it is evident that the order superseding the petitioner from the membership of the syndicate of the respondent university has not been passed on a rumour or a gossip or a hunch or on non-existent ground but it has been passed on the definable materials and relevant information sent by the vice-chancellor ..... it is well to remember that judicial review has been declared as basic feature of the constitution by the apex court with an avowed object to ensure that high courts and supreme court are to act as bulwark for the protection of rights of citizens and it would check on the vagaries, negligence and mistakes of the executive or highhandedness of the party before it against another on the anvil of rationality and reasonableness ..... the present case to the effect that the chancellor of the respondent university has passed the impugned order superseding the petitioner from membership of syndicate on non-existent ground it is not possible for me to make such order of supersession ineffective by issuing a prerogative writ.48. ..... of professors and 32 posts of readers (not covered by the decision of division bench of this court) and pointed out that if selections were not held for these posts, it would necessitate ad hoc/temporary appointments of lecturers against the higher posts in order to meet the demands of work load of respondent ..... reported in air 1978 sc 597 where ..... 1978 .....
Tag this Judgment!Court : Delhi
Reported in : ILR1982Delhi1009
..... a consensus could not be arrived at on the question, and that one of the 1033 members of the committee had made a suggestion that, pending a final solution to the problem, the colleges be advised to extend the term of these temporary teachers for a maximum period of one year, but that, however the other members in the committee had expressed the feeling that this was a matter for an executive decision to be taken by the appropriate authorities. ..... copy of the resolution may also be forwarded to the secretary, university grants commission for intimation, so that the university grants commission may be able to take a policy decision as to whether it would be willing to meet the entire pay and allowances of a temporary hand in college staff without any teaching work for him. ..... the post in which he was employed was advertised as a temporary post and the selection committee including the university representative had only recommended as temporary employment till the end of the academic year. ..... (15) before passing on to the next major to event which led to the impugned action it is necessary to refer to a letter written by r-2 to the principal on 27th october, 1978 this letter is important and may be set out in extenso : 'ithas been noticed that your college has not been observing the acts, statutes and ordinance of the university and has been flouting the directive issued by the university from time to time. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC1708; JT1988(3)SC78; 1988(2)SCALE53; (1988)4SCC324; [1988]Supp1SCR493; 1988(2)LC471(SC)
..... it conflicts with a later 'law with respect to the same matter' that may be enacted by parliament.later, the court observed:it is true, as already pointed out, that on a question under article 254(1) whether an act of parliament prevails against a law of the state, no question of repeal arises; but the principle on which the rule of implied repeal rests, namely, that if the subject-matter of the later legislation is identical with ..... contentions appear to have been raised in the writ petition, the judgment of the division bench of the calcutta high court dated 12th february, 1987, (which is the one presently under appeal) records that 'the only question which has been mooted and agitated before us is whether the impugned act which provides for eviction of unauthorised occupants from public premises to the extent it has been extended to premises ..... and secondly, because a question as to the interpretation of entry 18 (or its predecessor, entry 21 of the provincial list under the government of india act, 1935, (hereinafter referred to as 'the 1935 act') had arisen before the federal court and the privy council and some of the above judgments have also been considered in certain earlier decisions of this court ..... in premises belonging to or taken on lease by, or on behalf of, various kinds of bodies, such as universities, institutes of technology, board of trustees of major port trusts and the bhakra management board. ..... section 7 of the essential supplies (temporary powers) act no. ..... 1978 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1997Mad386
..... a learned single judge of the high court dismissed the writ petition and quashed the notices issued by the calcutta university to the ramkrishna mission for reconstituting the governing bodiesof its colleges, on the view that ramakrishna mission college and other colleges of ramakrishna mission since established and administered by ramakrishna mission, comprised of the ..... the slate of west bengal and calcutta university who also felt aggrived by the said order of the learned single judge filed separate appeals ..... held that it is for the state and not for the court to determine the requirements of the institutions and institutions which had been granted temporary recognition before commencement of the rules also bound to comply with the conditions so as to be entitled for permanent recognition. ..... the question before the supreme court was the substainability of the common judgment of the division bench of the calcutta high court rendered in appeals preferred against the dismissal of a writ petition by a learned single judge of the same high court by which the claim of the followers of ramakrishna that an educational institution established and ..... we are of the view that it cannot also be disputed by the university mat the provisions of the tamil nadu private colleges (regulation) act, 1976 are not applicable to the 1st respondent college in so far as the judgment of the 1st appellate ..... the constitution, the provisions-in west bengal act of 1975 and west bengal act of 1978 did not apply. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1962Guj88; (1962)0GLR204
..... acts recently passed by state legislatures such as the maharaja sayajirao university of baroda act, 1949, the calcutta university act ..... be held to extend to ancillary or subsidiary matters, which can be said to be reasonably comprehended in it, the question may be put in another form namely, whether the subject of medium of instruction in institutions of higher education such as universities and college falls expressly within the words used in entry 66 of list i and even if it does not so fall, is it so connected with the subject matter of entry 66 of list i that it can be said to be ..... equipment for teaching and research, to establish and maintain departments and institutes of research and specialized studies, to institute professorships, readerships, lecturer/ships and any other post of teachers required by the university,to institute fellowships, travelling fellowships, scholarships, studentships, exhibitions, medals and prizes, to institute and confer degrees, titles, diplomas and other academic distinctions, to confer honorary degrees, titles or other academic ..... of the application,truax was arrested for the violation of the act on the ground that the law officers were determined to apply the act and there was therefore danger of raich's immediate discharge from employment, the district judge granted a temporary restraining order, a contention similar to the one raised by the ..... we apply the test formulated by the supreme court m : 1978(2)elt297(sc) (supra), where kapur, j. ..... 1978(2) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2089; JT1995(5)SC205; 1996(7)KarLJ752; 1995(4)SCALE113; (1995)4SCC646; [1995]Supp1SCR745
..... . a learned single judge of the high court although dismissed the said writ petition, quashed the said three notices issued by the calcutta university to the ramakrishna mission for reconstituting the governing bodies of its three colleges, on his view that the ramakrishna mission college and other colleges of ramakrishna mission since established and ..... constitution. however, it left open the question of legality of otherwise of the direction contained in the notices issued by the calcutta university to the ramakrishna mission for reconstitution of governing bodies of the ramakrishna mission residential college, narendrapur, ramakrishna mission siksha mandir, howrah ..... in view of the necessity of ensuring the academic interest and efficient administration of these institutions of which government has undertaken full financial responsibility the governor has been pleased to order that in supersession of all previous orders relating to the constitution of governing body of sponsored college, the new standard pattern for the composition of the governing bodies of sponsored colleges will be as follows:-a. ..... w.b. act of 1978 since did not contain any express provision including their application to educational institutions established and maintained by the ramakrishna mission, those acts would be inapplicable, to the ramakrishna mission college and other colleges of ramakrishna mission for to hold otherwise would amount to infringement of the rights enjoyed by the ramakrishna mission under .....
Tag this Judgment!Court : Delhi
Reported in : ILR1979Delhi686
..... the authority will consider the application to see whether it satisfies the conditions laid down in para 316 of the hand book of the import and export procedures, 1978-79 (page 45) of course with reference to para 316(4), government will see whether the petitioners satisfy the alternative requirement, namely, that against a specific export order (pre-ban period) advance ..... export is regulated by the provisions of imports and exports (control) act, 1978 and policy of the central government in that behalf declared from time ..... the petitions under article 226 of the constitution of india challenge is directed to the legality and constitutionality of sub-sections (1) and (3) of section 3 of the imports and exports (control) act, 1947, clause 3(1) of the exports (control) order, 1977 and clause (3) of the exports (control) twenty-seventh amendment order, 1978 and the contention is that the same offend article 14, 19(1)(f) and (g) and 31 of the constitution. ..... . (3)even if section 3 of the act is valid or is held to be reasonable, the impugned order of june 5, 1978 imposing total ban on export of teak wood is bad because--(a) the ban is not based on any relevant consideration or material; (b)total ban is excessive, disproportionate and irrational; (c)no reasons have been given in the ..... considering the validity of the ban imposed by the impugned twenty-seven amendment to the exports (control) order, 1977 and the public notice dated june 5, 1978 we shall assume the validity of section 3 of the act .....
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