Court : Karnataka Dharwad
..... khc-d:10696-db wa no.100141 of 2022 section 41(5) of the karnataka education act, 1983 (for short the said act of 1983 ) and since the petitioners did not comply with the requirements contained in rules 3 and 4 of the karnataka educational institutions (change in the governing council or change in the location of private educational institutions) rules, 2006 (for short the governing council rules ) and obtain fresh recognition as if it was a newly started college, the ..... necessary recognition by the 2nd respondent under section 38 of the karnataka education act, 1983 and the same was successfully renewed ..... profitable to extract section 2(17) and section 41(5) of the karnataka education act, 1983, which read ..... council of the appellant no.2 college contained certain members who were removed and new members were inducted into the governing council which amounts to change in the governing council within the meaning of section 41(5) of the said act of 1983 r/w the governing council rules which required fresh application for recognition to be made by the appellants, as if appellant no.2 was a newly started college and since no such application was ..... point no.1 is accordingly answered by holding that there was no change in the governing council of appellant no.2 college so as to attract section 41(5) of the said act of 1983 or the governing council rules which were clearly not applicable to the facts of the instant case and the direction issued by the respondents in the impugned ..... definitions .....
Tag this Judgment!Court : Karnataka Dharwad
..... sri s.s.naganand, learned senior counsel appearing for the appellants would contend that the tribunal has no 4 jurisdiction to entertain the appeal filed under section 94 of the karnataka education act, 1983 (for short the education act ). ..... the doubt is raised in view of the provisions contained in section 1(3)(iv)(d-a) of the karnataka education act, 1983. ..... short title, extent, application and commencement- (1) this act may be called the karnataka education act, 1983. ..... that brings us to the second important question as to whether section 94 of the education act affects the minority educational institutions to manage and conduct its affairs under article 30(1) of the constitution of india?.14. ..... according to section 1(3)(iv)(d-a), the act applies to all educational institutions and tutorial institutions in the state of karnataka except insofar as the matters pertaining to colleges and institutions that are dealt within the education act will not apply to institutions governed by the provisions of aicte act insofar as matters which are dealt with in the aicte act. ..... section 94 of the education act is inapplicable in respect of minority institutions as it interferes with the right of the minorities to establish and administer educational institutions of their choice. ..... there is no dispute that the appellant/college is a private educational institution falling within the definition of sub-section (27) of section (2) of the education act. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the state of karnataka department of higher education, vidhan soudha, ambedkar veedhi, bengaluru-560001. ..... the impugned report partakes the character of expert opinion as contemplated under section 45 of the indian evidence act, 1872. ..... they are not only the doctors but assistant professors of ophthalmology imparting education to the medical students. .....
Tag this Judgment!Court : Karnataka Dharwad
..... have withered away and therefore, the society is rightly registered under the 1960 act; after the repeal of 1950 act, government itself had issued circulars to the effect that educational trusts would be governed by the provisions of 1920 act; the trust was justified in seeking approval of newly formed managing committees under sections 3 & 7 of 1920 act, since 1950 act was repealed and therefore, approval granted by the learned principal district judge could ..... government having issued the subject circular provided for the registration of educational societies and - 11 - wa no.100006 of 2022 accordingly, the respondent-society came to be registered; admittedly, the trust on account of repeal of the 1950 act, could not have conducted any activity; in any event, there was no warrant for the trust nor power with the learned district judge for granting approval to the newly formed ..... directed to conduct an enquiry into the affairs of the society under section 25 of the ksr act, 1960 and submit a report as regards the accounts maintained by the society, management of the society by exercising all powers under section 25 of the ksr act, 1960 within 90 days of the receipt of this order. 23.1.5. ..... the expression original judgment, order, decree employed in clause (iva) of section 10 of the 1961 act which mr.katageri vociferously highlighted, is confined to orders passed u/a 226, which indisputably vests original jurisdiction in the high courts as contradistinguished from appellate, .....
Tag this Judgment!Court : Karnataka Dharwad
..... when the similar trust was already in existence, respondent no.2 after receiving an application, ought to have notified the trust which was already in existence in the same name and also held an enquiry as contemplated under sections 4, 6 and 7 of act of 1960 and rule 3 of karnataka society registration rules, 1961 but instead of that as contended by the petitioner, on the very same day when the application was filed, in a lightning speed registered respondent no.1- ..... this court in paragraph nos.17 and 18, wherein while answering point no.4 it has been discussed as to what is the effect of repeal of the bpt act and the counsel contends that the court comes to the conclusion that trust is not carrying out any charitable or religious act but it is carrying out educational activity and hence act of 1920 would not be applicable since the aims and objects will not come within the mandate ..... counsel would also vehemently contend that after the repeal of the bpt act and consequent upon communication of education department dated 07.10.2013 as per annexure-r6, an application was filed and got registered the trust and hence cannot find fault with the ..... of 2012 registered the trust without holding inquiry and only based on the report of the education department registered the trust, which cannot be a basis for registration of the trust.34. ..... that while answering point no.5 this court had discussed in detail and comes to the conclusion that the education institution ought to have - 16 - nc:2024. .....
Tag this Judgment!Court : Karnataka Dharwad
..... learned counsel appearing for the appellant- insurer submitted that insurance is a matter of contract and courts cannot rewrite the same on the ground that a - 10 - wa no.100532 of 2023 section of the insured has not been fully compensated; claims for insurance are settled on the basis of term sheets that are notified by the state government after taking into account a host of factors over which ..... the term sheets being the sheet anchor of the insurance contract, which the stakeholders have acted upon and that the claims of the insured farmers have been accordingly settled, it was not open to the learned single judge to direct reframing of the term sheets. ..... kalsurmath, hgcp for r3) notice to r1 and r4 served) this writ appeal is filed u/s.4 of karnataka high court act, 1961, praying to, set aside the judgment and order of learned single judge dated0205-2023 passed in w.p.no.106653/2016 (gm-res) and dismiss the writ petition by allowing this appeal.-. ..... he had stressed the importance of educating farmers about insurance benefits and processes to increase its adoption. ..... agreement, however, is not a mental state but an act, and, as an act, is a matter of inference from conduct. .....
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..... need for undertaking periodical recruitment process: (a) there is yet another aspect of great importance which is often lost sight of: people pursue education so that they become qualified inter alia for employment, public or private. ..... bhat, advocate) this writ appeal is filed u/s.4 of karnataka high court act, 1961, praying to, set aside the impugned order in wp no.102956/2022 (s-res) dated1402.2024 passed by the learned single judge and to dismiss the w.p.no.102956/2022 (s-res) with costs.-. ..... a large chunk of educated youths cannot be deprived of the opportunity of public employment, which is constitutionally guaranteed. ..... we will however add that state cannot act arbitrarily and its action will be subject to judicial review. ..... it is relevant to state that the statutory bodies like the appellant lic being an instrumentality of state under article 12 of the constitution, has to conduct itself as a model employer and not as a private entity acting upon its own whims and fancies. ..... this apart the very holding of the appellants to the qualified section i.e. .....
Tag this Judgment!Court : Karnataka Dharwad
..... 102060 of 2024 this writ petition having been heard and reserved for order on2407.2024, this day, the court pronounced the following; order1 the state and its instrumentalities, who are *expected to act as model employers are finding one after the other reason not only to brazenly flout the constitutional mandate, which they are obligated to uphold and implement in the process of public employment, but ..... state has taken a contention of non-application of the provisions of the act, 1961 to the case at hand on the premise of petitioner being employed through an outsourcing agency, relevant to refer to the definitions of the terms employer , establishment , woman as defined under sections 3(d), 3(e) & 3(o) respectively of the act, 1961 are as under:3. ..... in between contract workers and the principal employer is the intermediary contractor and because of this intermediary the employer is treated as principal employer with various statutory obligations flowing from the act in connection with regulation of the working conditions of the contract labourers who are brought by the intermediary contractor on the principal's establishment for the benefit and for the purpose of the principal ..... these teachers who constitute the bulk of the educated unemployed are compelled to accept these jobs on an ad hoc basis with ..... to have serious repercussions on the educational institutions and the children studying there ..... appeal no.5721/2023, dated 13.10.2023; (iv) pigeon education technology india pvt. .....
Tag this Judgment!Court : Karnataka Dharwad
..... practice and decision making authority should have considered their reasonable, legitimate and valid request articulated through representation which was submitted in time by the applicants.5.4 the crux of the case is that the provision of section 10(1)(vi) of the act of 2020 gives exemption from being considered as excess to the female teachers who have crossed 50 years and the male teachers who are above 55 years. ..... the joint director of public instructions (administration) office of the commissioner department of public education (primary and secondary) nrupatunga road ambedkar veedhi, k.r. ..... the joint director of public instructions (administration) office of the commissioner department of public education (primary and secondary) nrupatunga road - 2 - ambedkar veedhi, k.r. ..... the state of karnataka represented by the principal secretary to the government department of school education and literacy2d gate, 6th floor, m.s. ..... the state of karnataka represented by the principal secretary to the government department of school education and literacy2d gate, 6th floor, m.s. ..... the block education officer department of school education and literacy, beelagi district bagalkot 587 116.-. 5 - 9 . ..... the director department of public education (primary and secondary) office of the commissioner nrupatunga road ambedkar veedhi, k.r. ..... the director department of public education (primary and secondary) office of the commissioner nrupatunga road ambedkar veedhi, k.r. .....
Tag this Judgment!Court : Karnataka Dharwad
..... practice and decision making authority should have considered their reasonable, legitimate and valid request articulated through representation which was submitted in time by the applicants.5.4 the crux of the case is that the provision of section 10(1)(vi) of the act of 2020 gives exemption from being considered as excess to the female teachers who have crossed 50 years and the male teachers who are above 55 years. ..... the joint director of public instructions (administration) office of the commissioner department of public education (primary and secondary) nrupatunga road ambedkar veedhi, k.r. ..... the joint director of public instructions (administration) office of the commissioner department of public education (primary and secondary) nrupatunga road - 2 - ambedkar veedhi, k.r. ..... the state of karnataka represented by the principal secretary to the government department of school education and literacy2d gate, 6th floor, m.s. ..... the state of karnataka represented by the principal secretary to the government department of school education and literacy2d gate, 6th floor, m.s. ..... the block education officer department of school education and literacy, beelagi district bagalkot 587 116.-. 5 - 9 . ..... the director department of public education (primary and secondary) office of the commissioner nrupatunga road ambedkar veedhi, k.r. ..... the director department of public education (primary and secondary) office of the commissioner nrupatunga road ambedkar veedhi, k.r. .....
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