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Jodhpur University Temporary Teachers, Forum Vs. the University of Jod ...

Court : Rajasthan

Reported in : 1990(2)WLN530

..... now, the university has adopted the notification dated 13.6.1983 of the ugc because this notification was forwarded to the registrar of the respondent university for incorporation in its act, ordinances, statutes or regulations and it was threatened that if it is not done, than the provisions of section 14 of the ugc act can be attracted and accordingly, the respondent university has passed a resolution to adopt those qualifications which are prescribed in notification dated 13.6.1983 of the ugc. ..... in this case the petitioner has not only claimed writ of mandamus but he has also claimed that the respondent university be restrained or prohibited from making a selection on the basis of the advertisements annexures-5 and 6 because in those advertisements, the qualifications prescribed for the selection of the lecturers (assistant professor) are against the provisions of ordinance 317 of the university of jodhpur and therefore, when the legal right of a particular section of the society is infringed a vigilant person can be allowed to bring such writ petition as aforesaid and, therefore, to this extent, the objection raised by mr. ..... mahesh wari have submitted that the law provides that the ordinance has to be made in a particular way then the argument of change of ordinance ipso facto is foreign to section 24 of the jodhpur university act, 1962. ..... this is based on certain observations of an english decision in taylor v. .....

Madhur Eshwar Rao Basude and Others Vs. Medical Council of India and O ...

Court : Delhi

..... practitioner in that country after such date as may be specified by the central government under sub-section (3), shall not be entitled to be enrolled on any medical register maintained by a state medical council or to have his name entered in the indian medical register unless he qualifies the screening test in india prescribed for such purpose and such foreign medical qualification after such person qualifies the said screening test shall be deemed to be the recognised medical qualification for the purposes of this act for that person. . ? ..... the said zeng zhou university is one of the largest hospitals in the world and the medium of instructions in the university is also in english. ..... , an expert body on the subject has in their wisdom thought it not fit to provide recognition for post graduate degrees obtained by persons from foreign universities other than those stipulated in the schedule. ..... has taken a clear stand that statutory provisions do not stipulate holding of a screening test for recognition of post graduate medical degrees obtained from foreign universities by indian citizens. ..... as per the petition, the petitioners are doctors with postgraduate qualification (md/ms) from zeng zhou university, china ..... , it is urged that there can be no reason to leave out post graduation qualifications from the same university. ..... it is urged that zeng zhou university is recognized by respondent no.1 for under graduate ..... no.2 to 4 have also done their graduation from the said zeng zhou university. .....

Indian Young Lawyers Association Vs. The State of Kerala

Court : Supreme Court of India

..... (xii) the language of both the provisions, that is, section 3 and the proviso to section 4(1) of the 1965 act clearly indicate that custom and usage must make space to the rights of all sections and classes of hindus to offer prayers at places of public worship. ..... in reply to the contention of the respondent no.2- devaswom board that the writ jurisdiction does not lie in the present matter, the petitioners submit that the validity of section 3(b) could not have been challenged in suit proceedings as the present writ petition has been filed against the state authorities and the chief thantri who has been impleaded as the respondent no.4 is appointed by a statutory board; and since now custom and usage fall under the ambit of article 13, they have become subject to the constitutional provisions contained in part iii whose violation ..... in addition to this, the respondent no.2 has also referred to a ph.d thesis by radhika sekar in the department of sociology and anthropology at carleton university, ottawa, ontario in october 1987 titled the process of pilgrimage : the ayyappa cultus and sabarimala yatra which has established the very raison d etre for the existence of the denominational temple of sabarimala based upon deep penance, celibacy and abstinence by all visitors, male and female. .....

Rhinelander Vs. Insurance Company of Pennsylvania

Court : US Supreme Court

..... it is therefore the unanimous opinion of the court that where, as in this case, there is a complete taking at sea by a belligerent who has taken full possession of the vessel as prize and continues that possession to the time of the abandonment, there exists in point of law a total loss, and the act of abandonment vests the right to the thing abandoned in the underwriters and the amount of insurance in the assured. 2. ..... the reasoning of the english judges in all the cases which have been read at bar and their decisions on the question of abandonment have received the attention of the court. ..... with respect to them, therefore, it will only be observed that the principles laid down appear to be applicable to an arrest as well as to a capture or detention of foreign powers, and that a distinction between an arrest and such capture or detention has never been taken. ..... " commercial contracts have but little connection with figurative language, and are seldom rightly expounded by a course of artificial reasoning. ..... yet it is universally admitted that an embargo constitutes a detention which amounts at the time to a total loss and warrants an abandonment. ..... chief justice marshall, delivered the opinion of the court as follows. .....

Managing Director, Ecil, Hyderabad, Etc. Etc. Vs. Karunakar, Etc. Etc.

Court : Supreme Court of India

Reported in : AIR1994SC1074; JT1993(6)SC1; (1994)ILLJ162SC; 1993(3)SCALE952; (1993)4SCC727; [1993]Supp2SCR576; 1993(3)SLJ193(SC)

..... the inquiry is over and after applying his mind to the gravity or otherwise of the charges proved against the government servant tentatively proposes to inflict one of the three punishments and communicates the same to the government servant.the court further held that the substance of the protection provided by rules like rule 55 of the civil services (classification, control and appeal) rules promulgated on may 27, 1930 under section 96-b of the government of india act, 1915 (sic), was bodily lifted out of the said rules and together with an additional opportunity embodied in section 240(3) of the goi act ..... accordingly the rule that on a claim for a liquidated damages payable in foreign currency, debt has to be given for the appropriate amount of english currency as on the date when the payment was due, was overruled prospectively from the date of the judgment ..... is the vocal proponent of judicial law making and the house of lords consistently overruled him, judicial law making found its eloquent acceptance even from the house of lords and buried the remnants of the blackstone's doctrine in the language of ..... , a three judge bench of this court referred that matter to the chief justice for being placed before a larger bench, for the bench found a conflict in the two decisions of this court, viz. ..... robert stevens of yale university commenting on yedley bryne ratio said that common law embodying the policy that 'sticks and stones may break my bones but words will never harm me' has .....

The Owners and Partners of the Firm Named Shah Kantilal Vs. Dominion o ...

Court : Kolkata

Reported in : AIR1954Cal67

..... the words 'any part of india to which the provisions of this code do not extend' appear to contemplate such areas as the scheduled districts or the non-regulated districts within india and such places in india as are stated in section 1(3) of the code, but these words do not, in my opinion, indicate that they were intended to apply to foreign and sovereign territories where the possibility of application or extension of the civil procedure code could never be contemplated at ..... to observe:'it is proper to add that, while the english courts thus recognise the general force and validity of foreign judgments, it has been done under such limitations and qualifications that great latitude still remains for breaking the force and virtually disregarding such foreign judgments as proceed upon an obvious misapprehension of the principles governing the case; or where they are produced by partiality or favouritism or corruption, or where upon their face they appear to be at variance with the instinctive principles of universal justice. ..... section 5, government of india act, 1935, as adapted by the india (provisional constitutional) order, 1947 made on 14-8-1947, by the governor general in exercise of the powers conferred on him by sections 8(2) and 9(1) (c), indian independence act, 1947, provides that the dominion of india established by the indian independence act, 1947, shall be a union comprising among other units the indian states acceding to the ..... the language of section 20(c), civil p. .....

Daud A. Dawood Vs. Director, Enforcement Directorate

Court : Appellate Tribunal for foreign Exchange New Delhi

..... also, by express language, the fer act, 1973 is repealed and replaced by section 49(1) by fer act, 1999 and foreign exchange appellate board (fera ..... book on principles of statutory interpretation, 2006 edition enumerated the effect of clauses (c) to (e) of section 6 of the general clauses act, namely, is to prevent the obliteration of a statute in spite of its repeal to keep intact rights acquired or accrued and liabilities incurred during its operation and permit continuance or institution of any legal proceedings or recourse to any remedy which may have been available before the repeal for enforcement of such rights and liabilities. (p. ..... admitted position that this appeal has arisen against adjudication order passed under the provisions of section 52 fer act, 1973 which act is repealed and replaced by foreign exchange management act, 1999, with effect from 1-6-2000, in accordance with notification no. ..... ) says that where an english act passed after 1878, repeals and re-enacts the enactment (with or without modification) then, unless the contrary intention appears, anything done, or having effect as if done, under the enactment repealed, insofar as it could have been done under the provision re-enacted, has effect as if done under that ..... chief secretary [2006] 3 scc 354, has extensively examined the consequence of repeal of a statute and replacement thereof by another statute where the following is quoted with ..... is also expressed by honble supreme court in universal imports agency v. .....

In the Matter of Kl (a Child)

Court : UK Supreme Court

..... although the question comes before the court in an application to invoke the inherent jurisdiction, it might have come before the court in the shape of an application under section 5 of the family law act 1986 to refuse an order or to stay the english proceedings on the ground that the question has already been determined, or that it is more appropriate for it to be determined, in proceedings in another jurisdiction. ..... as the judicial committee of the privy council put it in the canadian case of mckee v mckee [1951] ac 352, 364: "once it is conceded that the court of ontario had jurisdiction to entertain the question of custody and that it need not blindly follow an order made by a foreign court, the consequence cannot be escaped that it must form an independent judgment on the question, although in doing so it will give proper weight to the foreign judgment. ..... in that regard, the tests stated in the court's case law, such as the reasons for the move by the child's mother to another member state, the languages known to the mother or again her geographic and family origins may become relevant." 21. ..... long before the hague convention was adopted, the inherent jurisdiction was used to secure the prompt return of a child who had been wrongfully removed from his home country: see in re j (a child) (custody rights: jurisdiction) [2005] ukhl 40, [2006] 1 ac 80, paras 26, 27, and the cases cited therein. ..... he has an older half-brother who is now at university in the united states. .....

Dr.R.Sakthivel Vs. 1)The Syndicate, Rep by Its

Court : Chennai

..... , notification in exercise of the powers conferred by section 13 of the tamil nadu arunthathiyars (special reservation of seats in educational institutions including private educational institutions and of appointments or posts in the services under the state within the reservation for the scheduled castes)act, 2009 (tamil nadu act 4 of 2009), the governor of tamil nadu hereby makes the following amendment to the tamil nadu arunthathiyars (special reservation of seats in educational institutions including private educational institutions and of appointments or posts in the services under the state within the reservation for the scheduled castes ) rules ..... shashikant s.pujari reported in 2006 (13) scc175 the supreme court at paragraph 26, held as follows: ?.the colleges affiliated to university are bound by the regulations. ..... computer science 1 mbc (2007) 1 bc (2007) 1 gt2 english 1 sc (2007) 1 gt3 micro biology 1 mbc (2007) 1 bc1gt1mbc4 remote sensing 1 bc (2007) 1 gt5 japanese not called for at all wrongly shown as 1 gt6 german 1 gt, but post was not filled up. ..... it means exercise of statutory power for ".purposes foreign to those for which it is in law intended.". .....

Smt. Sangeeta W/O Satish Vs. State of Karnataka

Court : Karnataka Kalaburagi

..... in support of his submissions, he read out the provisions contained in section 8(1) of the goondas act, which is extracted herein below: 8 (1) when a person is detained in pursuance of a detention order, the authority making the order shall, as soon as may be, but not later than five days from the date of detention, communicate to him the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order to the state government .3. ..... the communication, dated 26.5.2014 (annexure-d) containing the grounds of detention itself states that the detenu speaks kannada, hindi, telegu and english language and that he knows reading and writing in kannada and english.33. ..... commissioner and secretary, government of kerala and others reported in 1985 (supp) scc144 which case fell for consideration under the conservation of foreign exchange and prevention of smuggling activities act, 1974, the hon ble supreme court has this to say:23. 65. ..... thereafter the detenu studied in english medium in vijaya vidyalaya composite pre-university college, gulbarga from viii standard to x standard between 1996-1999.31. .....