Court : Supreme Court of India
..... political science and the selection committee comprised of eminent scholars had rightly chosen the appellant for the post of reader after considering his academic achievements and also relying upon the view of the university grants commission in its letter dated 5-3-1992 stating that the subjects of political science and public administration are interchangeable and interrelated and that a candidate who possesses a masters degree in public ..... natural corollary thereof is that the university acting on such recommendation and appointing ganpat as lecturer cannot be allowed to do so and that the division bench of the high court was ..... 2 it has been generally indicated that no person shall be appointed to a teaching post in the university or in any institution, including constituent or affiliated colleges recognized under the ugc act, 1956, or any institution deemed to be a university under section 3 of the said act, in a subject, if he/she does not fulfil the requirement as to the qualifications for the appropriate ..... post of lecturer and with which we are concerned in these appeals, is good academic record with at least 55% of marks or an equivalent grade at the masters degree level in the relevant subject from an indian university or an equivalent degree from a foreign university. ..... chaudhari devi lal university, (2008) 9 scc284and our attention has been drawn to paragraph 29 of the ..... venkatasubbaiah, (2008) 14 scc306and our attention has been drawn to paragraph 26 of the said .....
Tag this Judgment!Court : Supreme Court of India
..... division bench of the high court passed an order dated 03.07.2009 in writ appeal no.1682 of 2009 and other connected matters asking the government of karnataka to comply with the judgment dated 02.07.2008 of the full bench of the high court and aggrieved by the said order dated 03.07.2009 in writ appeal no.1682 of 2009, different officers of the education department of the government of ..... university in exercise of its power under section 4(2) of punjabi university act (35 of 1961), made punjabi the sole medium of instruction and examination in all colleges affiliated under punjabi university ..... for the development of the people of that area educationally, socially and culturally in the language of that region but while the state or the university has every right to provide for the education of the majority in the regional medium, it is subject to the restrictions contained in articles 25 to 30 of the constitution and accordingly neither the ..... as such minorities will ordinarily desire that their children should be brought up properly and efficiently and be eligible for higher university education and go out in the world fully equipped with such intellectual attainments as will make them fit for entering the public ..... [air1954sc561 wherein a constitution bench of this court has held that a minority group such as the anglo-indian community, which is based, inter alia, on religion and language, has the fundamental right to conserve its language, script and culture under article 29(1) .....
Tag this Judgment!Court : Supreme Court of India
..... venkataramani, learned senior counsel, appearing for the state of tamil nadu and andhra pradesh, drew our attention to the definition of sale and works contract under the andhra pradesh general sales tax act, 1957 as defined in section 2(n) & (t) and submitted that going by the definition of sale every transfer of the property in goods in pursuance of a contract or otherwise by one person in the ..... no.1098/2013 slp(c) nos.14148-14153/2005, slp(c) nos.14961-14967/2005, slp(c) nos.17842-17847/2005, slp(c) no.5377/2006, slp (c) no.7037/2006, slp (c) no.30272/2008, slp (c) no.30279/2008, slp (c) no.5289/2009, slp (c) no.6520-6521/2009, slp (c) no.4469-4471/2010, slp(c) no.11258/2010, slp (c) no.17228/2010, slp (c) no.17236-17237/2010, slp ..... in effect such a contract as agreed between the petitioner and its purchaser as per the provisions of the indian contract act if were to be considered for the invocation of the definition of works contract under section 2(jj), it can be found that the said contract does not in any ..... difficult to apply the said ratio rendered in the context of the said contract as applicable universally in all sorts of contracts where some element of work is involved and state that ..... such a ratio can be applied universally to every other contract where some ..... it is difficult to lay down any rule of universal application, but there are some well recognised tests which are laid down by decided cases of this court which afford guidelines for determining as to whether a .....
Tag this Judgment!Court : Supreme Court of India
..... the constitution bench answered the question in the negative and said: though learned counsel for the respondent started by attempting such a justification by invoking section 12 of the indian police act he gave this up and conceded that the regulations 77 contained in chapter xx had no such statutory basis but were merely executive or departmental instructions framed for the ..... purpose must satisfy certain tests; it must either fall within the list of purposes enumerated in the preamble to the ancient statute of elizabeth i (sometimes referred to as the statute of charitable uses or the charitable uses act, 1601) or within one of the four categories of charitable purposes laid down by lord macnaghten and derived from the preamble and in the case of the fourth of those categories it must be within the spirit and intendment ..... rule 5 provides that the authority may allot nazul land to schools, colleges, universities, hospitals, other social charitable institutions, religious, political, semi political organizations and local bodies for remunerative, semi remunerative or unremunerative purposes at the premia and ground rent in force ..... , (2008) 2 scc672 wherein it was held that novation of contract cannot be done unilaterally, and the new terms must be brought to the knowledge of the offeree and his ..... hospital also challenged the abovesaid decision by preferring slp (c) no.5630 of 2008. ..... , (2008) 1 scc683 to contend that it is not open to the court to create a law or an obligation and .....
Tag this Judgment!Court : Supreme Court of India
..... necessary facts2 the statute by the name, state universities act, 1973 enacted by the state of uttar pradesh was adopted by the state of uttarakhand through a modification order of the year 2001.3. ..... section 16 of the uttar pradesh state universities act, 1973 (hereinafter referred to as the act ) deals with the post of registrar, who shall be a 1 whole-time officer of the university. ..... , the teachers as defined under section 2(7) and 2(8) of the karnataka state universities act 1976 (hereinafter called the act ). ..... the mere fact that the statute provided a different age of retirement for 11 the teachers of the university was by itself not sufficient to conclude that the same was discriminatory or that the classification contemplated was not reasonable. ..... in view of the complexities of modern society , wrote justice frankfurter, while professor of law at harvard university, and the restricted 9 scope of any man's experience, tolerance and humility in passing judgment on the worth of the experience and beliefs of others become crucial faculties in the disposition of cases. ..... the state of uttarakhand thought it fit to accept the recommended revised pay scale of the government of india dated 31.12.2008, meant to be applied for the central universities and central government colleges, to its teaching faculties alone, except sub-clause (f) in clause 8, which speaks of age of superannuation, an issue with which we are not concerned in the present lis.7. ..... indian drugs & pharmaceuticals ltd. v. .....
Tag this Judgment!Court : Supreme Court of India
..... one recipient for one supply: (a) the interpretation of the asg that the foreign exporter is the recipient under clause (a) of section 2(93) of the cgst act and the indian importer is the recipient under clause (c) of section 2(93) of the cgst act leads to absurdity; (b) under section 2(93) of the cgst act, a recipient is defined with reference to three situations- (a) where consideration is payable for the supply of goods or services or both, (b) where no ..... tax on services of transportation of goods into india provided by a person in a non-taxable territory to a person in a non-taxable territory, has been introduced to create parity for indian shipping lines with foreign shippers; (b) the notification for the levy and reverse charge has been lifted from the erstwhile service tax regime into the gst regime without considering the changes ..... he is the person liable for paying the tax in relation to the supply of such goods or services or both (emphasis supplied) the term recipient of a supply of service has been exhaustively defined by section 2(93) of the cgst act: (93) recipient of supply of goods or services or both, means (a) where a consideration is payable for the supply of goods or services or both, the person who is liable to pay that consideration; (b) where no consideration is ..... sections 6 and 7 of the territorial waters, continental shelf, exclusive economic zone and other maritime zones act 1976, a legal fiction is created by which india has the power to levy tax in ..... (2008) .....
Tag this Judgment!Court : Supreme Court of India
..... for amendments in the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, the income tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act, 2008, and the companies act, 2013.5. ..... the fact that after the amount of tax payable by an assessee has been determined or quantified its realisation from a company in liquidation is governed by the act because the income tax payable also being a debt has to rank pari passu with other debts due from the company does not mean that the assessment proceedings for computing the amount ..... amount of duty, penalty, interest or any other sum payable by an assessee or any other person under this act, shall, save as otherwise provided in section 529a of the companies act, 1956 (1 of 1956), the recovery of debts due to banks and the financial institutions act, 1993 (51 of 1993), and the securitisation and reconstruction of financial assets and the enforcement of security interest act, 2002 (54 of 2002) and the insolvency and bankruptcy code, 2016 (31 of 2016) be the first ..... 2.1 vide agreement dated 26th february, 2008, gujarat maritime board5 leased out a parcel of land to abg shipyard limited6 for a period of thirty .....
Tag this Judgment!Court : Supreme Court of India
..... , the appellant was a trust running a science college affiliated to the gujarat university under the gujarat university act, 1949. ..... passed an award and this award was accepted by the state government as well as the university and the university directed to pay the teachers as per the award. ..... was some dispute between the university teachers association and the university regarding the fixation of their ..... in that college were paid in the pay scales recommended by the university grants commission and the college was an aided institution. ..... difficulties, lord gardiner (the lord chancellor) in pursuance of section 3(1)(e) of the law commission act, 1965, requested the law commission to review the existing remedies for the judicial control of administrative acts and omissions with a view to evolving a simpler and more effective procedure . ..... with the repeal of the act of 1953 by the air corporations(transfer of undertakings) act, 1994, air india merged with indian airlines and upon incorporation, respondent no.3(ail) became a wholly government owned company and, thus, came under the category of other authorities within the meaning of article 12 of the ..... india and ors.19, wherein learned single judge20 arrived at the same conclusion, while dealing with a writ petition filed against the bharat aluminium company limited(balco) in the year 1991 and decided in 2008 i.e. ..... 6 2008 scc online bom 1899 7 2009 scc online bom 2554 8 2022 scc online kar 1706 4 submissions and contentions on behalf of the .....
Tag this Judgment!Court : US Supreme Court
..... considering the hybrid nature of these claims and the evolving character of the common law, however, i believe that the application of laches as a limitation principle governing ancient indian claims will promote uniformity of result in law and at equity, maintain the proper measure of flexibility to protect the legitimate interests of the tribes, while at the same time honoring the historic wisdom in the value ..... no specific action was taken to enforce this claim in a court of law until 1951, when the oneida filed a petition against the united states before the indian claims commission seeking judgment against the united states, as trustee, for the fair market value of the oneida lands sold to the state of new york since the ..... the united states court of appeals for the second circuit syllabus respondent indian tribes (hereafter respondents) brought an action in federal district court against petitioner counties (hereafter petitioners), alleging that respondents' ancestors conveyed tribal land to new york state under a 1795 agreement that violated the nonintercourse act of 1793 -- which provided that no person or entity could purchase indian land without the federal government's approval -- and that thus the ..... yet it was never imagined that, because their independence or competency was not absolute and universal, but limited, that therefore their contracts within the sphere of their competency were to be differently construed from those of other persons"); see also ante at 470 .....
Tag this Judgment!Court : US Supreme Court
..... for instance, on the public domain, the discoverer of a mineral deposit gets extralateral rights, and can follow the ore beyond the side lines indefinitely, while on the indian lands, under the act of june 30, 1919, he is limited to the confines of the survey markers not to exceed 600 feet by 1,500 feet in any one claim. ..... 163 appeal from the court of appeals of new mexico syllabus pursuant to authority granted by the indian mineral leasing act of 1938 (1938 act), the jicarilla apache tribe (tribe) leased lands on its new mexico reservation to appellant cotton petroleum corp. ..... i must conclude that, contrary to the majority's view, the silence of the 1938 act is not consistent with a congressional intent that non-indian lessees of indian mineral lands shall be subject to state taxation for their on-reservation activities. ..... the majority appropriately acknowledges that congress knew when it enacted the 1938 act that a statute governing tribal leases that failed expressly to authorize state taxation of indian royalty interests would have the effect of leaving the states without the power to tax those interests. ..... in a footnote, we added the observation that direct state taxation of indian revenues would frustrate the 1938 act's purpose of "ensur[ing] that indians receive the greatest return from their property,' [s.rep. no. .....
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