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Prof. V.S.S. Sastry Vs. the Ministry of Human Resource Development, Go ...

Court : Andhra Pradesh

Reported in : 2008(4)ALD315; 2008(4)ALT240

..... in this writ petition, the petitioner sought for invalidation of section 46(a) of the english and foreign languages university act, 2006 (for short 'the act') as being arbitrary, illegal and ultra vires of sections 4(v) and 13 of the act and violative of articles 14, 16 and 21 of the constitution of india, by issuance of a writ of mandamus.the background facts:the central institute of english and foreign languages, hyderabad was a society registered under the hyderabad societies registration act, 1350 fasli (for short 'the ciefl society'). ..... sub-clause (v) of section 4, on which much reliance is placed by the petitioner, reads as under:(v) subject to the provisions of this act, every person employed immediately before the commencement of this act in the central institute of english and foreign languages, hyderabad, shall hold such employment in the university by the same tenure and on the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held under the central institute of english and foreign languages, hyderabd, if this act had not been passed.section 6 enumerated the powers of the university. ..... under section 10, the governor of state of andhra pradesh shall be the chief rector of the university. .....

Prof. Dr. V. Ganeshan Vs. Central Institute of English and Foreign Lan ...

Court : Andhra Pradesh

Reported in : 2000(2)ALD233; 2000(1)ALT519

..... it may be noticed that the central government in the ministry of education and social welfare in exercise of the powers conferred on it by section 3 of the university grants commission act, 1956 (for short 'the act'), on the advice of the commission, declared that the central institute of english and foreign languages, hyderabad, an institute of higher education managed by the central institute of english and foreign languages, hyderabad society, shall be deemed to be a university for the purposes of the act.26. ..... it is submitted that the post of rector is a pivotal one and it is created under the respective university acts functioning in the state. ..... the petitioner in the instantwrit petition challenges the office order dated 19th july, 1999 on the file of the second respondent/vice-chancellor, central institute of english and foreign languages, designating the third respondent herein as 'rector' for a period of one year initially and delegating certain powers and duties of the vice-chancellor to him ..... it is stated that the post of the rector in the institute except in the nomenclature cannot be equated to the rector of another university on the basis of similarity of name as in the case of other universities. ..... the order says that the third respondent has to perform the functions and discharge the duties of the rector as per the powers and duties delegated:(1) to have and to exercise such powers and duties or the vice-chancellor asmay be delegated by the vice-chancellor from time to .....

M/S Dot Systems, Secunderabad and 2 OThe Vs. Union of India Rep. by It ...

Court : Andhra Pradesh

..... rajasekhar, learned counsel for the petitioner, would place reliance on article 3 of the m.o.u dated 3.09.2011 which relates to "project execution", wherein it is stated that the government of india shall utilize the services of the english and foreign languages university (eflu), hyderabad as the technical consultant for this project; the services of other indian agencies, if felt appropriate, could also be obtained by the government of india for this purpose; and the government of srilanka would be represented by the secretary, ministry of education and the presidential secretariat for implementation of the project co-ordination with eflu, hyderabad, ..... although in view of section 141 of the code of civil procedure, the provisions thereof would not apply to writ proceedings, the phraseology used in section 20(c) of the code of civil procedure, and clause (2) of article 226, being in pari materia, the decisions of the supreme court rendered on an interpretation of section 20(c) cpc apply to writ ..... of action' has also been taken to mean that a particular act on the part of the defendant which gives the plaintiff his cause of complaint, or the subject-matter of grievance founding the action, not merely the technical cause of action. ..... 6 scc 25.7) (2000) 7 scc 64.8) (2007) 6 scc 76.9) (1888) vol.xxii qbd 12.10) air 196.sc 130.11) (1985) 3 scc 21.12) 1994(6) scc 32.13) (2006) 6 scc 20.14) (1996)3 scc 44.15) (1998)6 scc 51.16) (2001) 2 scc 29.17) (1977)1 scc 79.18) 15 ind ap 19. .....

S.S. Janardhan Rao Vs. Andhra University and anr.

Court : Andhra Pradesh

Reported in : 1998(6)ALD480

..... the central institute of english and foreign languages issued notification dated 29-5-1995 declaring the post of librarian as non-vacation academic staff and fixing the age at 60 years. ..... as may be declared by the statutes to be teachers'.the expression teachers of the university is also defined under section 2(23) which reads as follows:'teachers of the university' means teachers appointed by the university to give instruction or guide research in the university and constituent colleges'.the saving clause (k) under section 57(3)(k) is extracted below:'(k) all statutes, ordinances, and regulations, made under the relevant university act in respect of the universities specified in section 4 shall, so far as such statutes, ordinances and regulations, are not inconsistent with the provisions of this act, continue to be in force and be deemed to have been made under the provisions of this act until the are superseded .....

Prof. V.S.S. Sastry Vs. Ministry of Human Resource Development, Govt. ...

Court : Andhra Pradesh

Reported in : 2005(1)ALD239; 2005(1)ALT342

..... the petitioner approached this court through this writ petition seeking a writ of mandamus to declare that the proceedings of the languages division, ministry of human resource development, government of india, dated 4-10-2004 as arbitrary, illegal and violative of rule 23 of the memorandum of association and rules of the central institute of english and foreign languages, hyderabad and to direct the respondents to approve the decision made by the board of governors for appointment of the petitioner as the vice- chancellor of ciefl, hyderabad.contentions:2. ..... after obtaining the said opinion, the joint secretary (languages) submitted a note and the last para of the said note reads as follows:in view of the legal opinion by department of law and the fact that ciefl board has forwarded only one name, the government may consider rejecting the recommendation and direct the board of ciefl to amend the moa as per the ugcs directives for deemed to be universities. ..... while rejecting the theory of absolute discretion, lord reid observed:parliament must have conferred the discretion with the intention that it should be used to promote the policy and objects of the act; the policy and objects of the act must be determined by construing the act as a whole and construction is always a matter of law for the court. .....

A.V.S.N.B. Shankaran and ors. Vs. Central Institute of English and For ...

Court : Andhra Pradesh

Reported in : 1997(1)ALT276

..... -cum-typist in the establishment of the first respondent - central institute of english and foreign languages. ..... as ad hoc or temporary, is an honest act of the employer and if it is not an honest act of the employer, whether such break in service has to be ignored to treat the petitioners-appellants to have been holding their respective posts continuously for the purposes of benefits of service as holders of the rank or the position of l.d.c-cum-typist and for the said reason are entitled to reckon their respective seniority in the rank of l.d.c-cum-typist with effect from the date of initial appointment and continuous service; and (2) whether by virtue of their continuous service and the rank held by them ..... it is noticeable that the first respondent - institution is founded by the university grants commission and according to its pleadings, as per the recruitment rules for the non-teaching staff vacancies in group c and d, it is alleged, l.d.c-cum-typist come under group c or d, have to be filled from the candidates selected out of the candidates sponsored by the employment exchange. .....

People's Union for Civil Liberties (PUCL) Vs. University of Delhi and ...

Court : Delhi

Reported in : 149(2008)DLT626

..... the relevant portion of the recommendation, in this regard, was as under:(ii) publication of text booksthe directorate should bring out basic text books in the emerging areas by either asking the scholars to write original text books in hindi or to translate the books from english and other indian and foreign languages. ..... in particular, the recommendation made by the committee relating to publication of textbooks by the directorate clearly supported the publication of basic textbooks in emerging areas by either asking the scholars to write original text books in hindi or to translate the books from english and other indian foreign languages. ..... the affidavit refers to section 12 of the university grants commission act which enumerates the duties and function of the commission. ..... further directions in this regard were issued by this court on 9th may, 2006 including a direction to the directorate of hindi medium implementation to associate other heads of the department with a view of promoting translation of books from english to hindi or writing original books in hindi as the standard books in hindi are not available. ..... action taken report as per the order of this court dated 9th may, 2006 has also been placed on record. .....

The University of Mysore and anr. Vs. C.D. Govinda Rao and anr.

Court : Supreme Court of India

Reported in : AIR1965SC491; [1964]4SCR575

..... them out at this stage : 'qualifications : (a) a first or high second class master's degree of an indian university of an equivalent qualification of a foreign university in the subject concerned; (b) a research degree of a doctorate standard or published work of a high standard; (c) ordinarily, ten years (not less than five years in any case) experience of teaching post-graduate classes and guiding research in the case of professors and at least five years experience of teaching degree classes and independent research in the case of readers; (d) the knowledge of regional language kannada is considered as a desirable qualification. ..... 1 were regulated by the ordinances and rules framed under the mysore university act. ..... 1 reference was made to the rules framed under the mysore university act (no. ..... 42(5) of the mysore university act no. ..... 26(2) of the mysore university act, 1956 (no. ..... 2 to the post of reader in english, and as we have already pointed out, the high court upheld the contention of the respondent and quashed the appointment of appellant no. 2. 6. ..... what the high court should have considered is whether the appointment made by the chancellor had contravened any statutory or binding rule or ordinance, and in doing so, the high court should have shown due regard to the opinion expressed by the board & its recommendations which the chancellor has acted. .....

M/S Ravinder Singh & Sons vs.m/s Evergreen Publications (India) Ltd. & ...

Court : Delhi

..... coupled with these aspects, when we keep in mind that the book of the appellant is a prescribed textbook for the university and on the one hand, and respondents wanted to bring out an all-comprehensive guidebook for the help of the students in all the courses of english and not limiting it to grammar alone, the purpose of this guidebook produced by the respondents would be materially different and it would satisfy the guiding test laid down by the supreme court in eastern book company (supra). ..... it is inter alia claimed that the press has become household name through a diverse publishing programme that includes scholarly works in all academic disciplines, bibles, music, school and college textbooks, children's books, materials for teaching english as a foreign language, business books, dictionaries, reference books, journals and electronic publishing. ..... it was held that for the purpose of determining whether the originality requisite to render it original work within section 2(1) of the copyright act, 1956, it was right to take into account the considerable skill, judgment and labour expended by the respondents in the selection of types of wagers, for the production of the coupons was an object of the work so done and that work was preparatory work which could not properly be excluded. ..... 9823/2005,51/2006 and 647/2006 in cs (os) 1656/2005 , syndicate of the press of the university of cambridge on behalf of the chancellor, masters and school vs, b.d. .....

Cox Vs. Ergo Versicherung Ag (Formerly Known as Victoria)

Court : UK Supreme Court

..... the private international law (miscellaneous provisions) act of 1995 abolished the double-actionability rule and introduced rules requiring english courts to apply to claims in tort the law which had the most significant connection with the wrong, subject to an altogether more limited saving for the public policy of the forum applicable only in those cases where a specific foreign law was found to be repugnant to the policy of the forum. ..... lord hoffmann, with whom the rest of the house agreed, identified the relevant question at para 1: "putting the question in the traditional terms of the conflict of laws, what connection between great britain and the employment relationship is required to make section 94(1) the appropriate choice of law in deciding whether and in what circumstances an employee can complain that his dismissal ..... lawson v serco ltd [2006] icr 250, the house of lords heard three cases in which claims were made for unfair dismissal under section 94 of the employment rights act 1996. ..... arises from the fact that, except in relation to the acts of its own citizens abroad and certain crimes of universal jurisdiction such as torture and genocide, the exercise of extra-territorial jurisdiction is contrary to ordinary principles of international law governing the jurisdiction of ..... there is nothing in the language of the fatal accidents act 1976 to suggest that its provisions were intended to apply irrespective of the choice of law derived from ordinary principles of private .....