Court : Mumbai
Decided on : Oct-15-2003
Reported in : 2004(4)MhLj940
..... shall be affected, as explained by us in para 18 of this judgment.as and when the respondent no. 1 proposes to amend the admission rules in future, we expect that such amendments be placed before the hon'ble chief minister along with the opinion recorded by the department of law and judiciary as well as ..... region grossly violates the well recognized doctrine of providing competitive opportunities for admissions to professional courses all over the state and the region.16. in the case of indian medical association (supra), this court has mainly dealt with the challenge against the decision of the government to open a government medical college in breach of to ..... , it is not required to submit any application to itself for permission to establish a government run medical college through the university under section 64 of the act;(e) that, any perspective plan prepared by the university is not strictly binding on the state government when it resolves to set up a government medical college .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-24-2003
Reported in : ILR2003KAR1676; 2004(3)KarLJ37; (2003)IIILLJ1137Kant
..... appearing for the petitioner, in support of the prayer of the petitioner that he is entitled for two additional graduation increments, submitted that even before the amendment of fifth bipartite settlement, such of those employees who had acquired additional qualification of graduation were entitled for payment of two additional graduation increments. in this ..... the post-graduation degree, the petitioner made a request with the respondents to give him two additional graduation increments in terms of sastry award as amended by fifth bipartite settlement dated 29th june 1990, entered into between the employees' of the banking industry and the bank management. the fifth bipartite ..... dated 10.4.1989 entered into between the management of the banks represented by the indian banks association (iba) and the workmen represented by the recognised unions under section 2(p) and section 18(1) of the industrial disputes act, 1947 read with rule 58 of the industrial disputes (central) rules, 1957 provide .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-19-2003
Reported in : 2003(6)KarLJ95
..... in terms of the order of appointment, the appellant deducted the amount equivalent to the pension paid to the respondent on his retirement from service from the indian air force. aggrieved by the said action of the appellant, the respondent filed writ petition no. 30751 of 1995 before this court out of which this appeal ..... 27 of the rules which provides for dissolution of the society provides that the appellant could be dissolved in accordance with the provisions of the societies' registration act after obtaining previous sanction from the government of india. as noticed by us earlier, the several provisions in the memorandum of association and the rules clearly show ..... to the respondent while disbursing his salary?regarding first question.--it is not in dispute that the appellant is an autonomous body constituted under the societies' registration act, 1860. the objects of the appellant-society as set out in clauses 3.1 and 3.2 of the memorandum of association read as hereunder:'3.1 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-14-2003
Reported in : (2003)133PLR685
..... to be made on the basis of the policy contained in the executive order dated 29.12.2000. the aforesaid order is described in the written statement as amended promotion policy. under the amended promotion policy, a benchmark has been provided. to be eligible for promotion, the acrs of the employee for the last five years before the case for promotion is ..... seniority plays a less significant role. seniority is to be given weight only when merit and ability are approximately equal. in the context of rule 5(2) of the indian administrative service/indian police service (appointment by promotion) regulations, 1955 which prescribed that 'selection for inclusion in such list shall be based on merit and suitability in all respects with due regard .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-20-2003
Reported in : (2004)2UPLBEC1503
..... on the ground of descent clearly violates article 16(2) of the constitution. so, the supreme court has directed that the o.m. be circumscribed with suitable amendment to the memorandum limiting it to relieve the members of the deceased employee dying-in-harness from economic distress in view of auditor general of india v. g. ..... by the hon'ble supreme court in forest range officer v. p. mohd. ali, 1993 (suppl.) 3 scc 627. in municipal corporation of greater bombay v. indian oil corporation ltd., air 1991 sc 686, the supreme court observed as under:'the language of a statutory provision is not static vehicle of ideas and change and as ..... whether the case falls within the scope of the relevant statutory provisions and that the appellant corporation being a statutory corporation is bound by the life insurance corporation act as well as the statutory regulations and instructions and cannot put aside the same and order compassionate appointment. the supreme court has further pointed out that the .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-01-2003
Reported in : (2004)3UPLBEC3110
..... that the order of compulsory retirement has been made in violation of principle enunciated in regulation 2(b) read with regulation 2-a of the regulations, 1975, as amended in the year 1998 and the order cannot be sustained, the same having been passed on non existent material, which otherwise could not have been taken into consideration for ..... limitation. the supreme court has found no illegality in such discretion being exercised by the high court.13. in the case of harbans lal sahnia and anr. v. indian oil corporation ltd. and ors., (2003) 2 scc 107, the supreme court noted that the rule of exclusion of writ jurisdiction by availability of an alternative remedy is ..... rights; (ii) where there is failure of principles of natural justice; or (iii) where the orders or proceedings are wholly without jurisdiction or the vires of an act is challenged.14. in the said case despite there being an arbitration clause available in the agreement for the action impugned, the apex court set aside the order .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-01-2003
Reported in : [2004]134TAXMAN303(MP)
..... -india census.'12. it is submitted by mr. h.s. shrivastava, learned senior counsel and mr. sumit nema that without amending section 17(2) of the act the rule could not have been amended. per contra, it is submitted by mr. rohit arya that the concept of concession has been totally misconstrued by the division ..... petitioners.' 11. the said view was adopted by the calcutta high court as well as the high court of andhra pradesh. the relevant part of the amended rule which has come into existence reads as under:'3. valuation of perquisitesfor the purpose of computing the income chargeable under the head 'salaries', the value ..... first submission he has placed reliance on the decisions rendered in the cases of officers' association, bhilai steel plant v. union of india : [1983]139itr937(mp) , indian bank officers' association v. indian bank : [1994]209itr72(cal) , ito v. all india vijaya bank officers' association : [1997]225itr37(cal) and steel executives association v. rashtriya ispat nigam ltd. .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-25-2003
Reported in : 2003(6)BomCR830
..... cause of action survives, is devoid of merit as it must also be shown that anand was the legal representative, as provided under section 211 of the indian succession act. this was not the case and consequently satinder pal could not have represented the estate of deceased and hence, the suit filed by chopra abates in entirety. ..... by the learned arbitrator and would fall within the expression legal misconduct and must result in award being set aside. it is then contended that though application for amendment of the pleadings was allowed, no evidence was led on that point and the evidence was restricted to possession of only two flats. this would also disclose ..... the stage of passing of the decree based on the award, if any. the first contention must therefore, be rejected.11. we then consider the issue of amendment application. in my opinion, this can be considered after discussing the main controversy as to whether chopra is entitled for recovery of possession or whether heirs of satindar .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-10-2003
Reported in : 2004(1)ALD338
..... iiillj1111sc ).54. the learned additional advocate general attacking the order of tribunal in setting aside g.o. ms. no. 206 submits that the state has inherent power to amend or rescind the executive orders at any time and it has unfettered power. the tribunal on a wrong notion interfered with g.o. ms. no. 206. hence, he ..... decision of the supreme court reported in state government pensioners' association v. state of a.p., : [1986]3scr383 , krishena kumar v. union of india, : (1991)illj191sc and also indian ex. -services league v. union of india, : [1991]1scr158 .44. in state government pensioners' association v. state of a.p., : [1986]3scr383 , the issue that arose ..... at by the government after consultation with the recognized unions, such a decision cannot be unilaterally altered to their prejudice and thus the government is estopped from acting in derogation of the decisions taken. they also contended that when once the pension has been fixed on the basis of notional pay drawn, there is no .....
Tag this Judgment!Court : Mumbai
Decided on : May-12-2003
Reported in : [2004]90ITD174(Mum)
..... the department. in a right of filed by the learned authorised representative it is mentioned that the assessee was appointed as a director of bank of baroda, a prestigious indian bank in 82-85, at that time it will treat as a pride and has a status symbol to entertainment guest, so he purchased one old antique car as ..... the value of gold ornaments and jewellery should not be included in the w.t. assessment of the assessee. subsequently there was an amendment in the order of itat and it was held in the amended order that the value of gold ornaments and jewellery should be included in wealth-tax assessment. when the matter came before hon'ble madras ..... , gold ornaments and loose diamonds should not be taken into account in computing the net value as these were exempt under section 5(1)(viii) of w.t. act which was not accepted by assessing officer. however on appeal appellate assistant commissioner treated the entire value of jewellery gold ornaments and loose diamonds as exempt. when the matter .....
Tag this Judgment!