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Shree Ganesh Trading Co., Saugor Vs. the State of Madhya Pradesh and o ...

Court : Madhya Pradesh

Reported in : AIR1973MP26

..... enforced under article 226, although there was no formal contract executed under article 229, their lordships observed:'even though the case does not fallwithin the terms of section 115 of the evidence act, it is still open to a party who hasacted on a representation made by the government to claim that the government shallbe bound to carry out the promise made byit, even though ..... ordinance has thereby declared that construction to be the correct construction and made it a part of the law, for it is well settled that beliefs or assumption of those who frame acts of the legislature cannot change the law and legislation founded on a mistaken or erroneous assumption has not the effect of making the law which the legislature had erroneously assumed to be so; see i. r. c. v. ..... in sub-clauses (a), (b) and (c), namely, that the purchaser had done satisfactory pruning in the previous year and that there was no serious breach of the act and rules made thereunder and the agreement, that the purchaser had paid all dues including penalty, fine etc, promptly and in accordance with the provisions of the agreement. ..... the obligation to carry out the terms arises from section 37 of the indian contract act, 1872, which enacts that parties to a contract must either perform or offer to perform their respective promises, unless such performance is dispensed with or excused under the provisions of this act, or of any other law. ..... 'fundamental legal conceptions' (yale university paper bound edition 1964, p .....

Skyline Education Institute (Pvt.) Ltd. Vs. S.L. Vaswani and anr.

Court : Supreme Court of India

Reported in : 2010(1)AWC684(SC); 2010(1)SCALE83; (2010)2SCC142; 2010(1)LC323(SC)

..... main objects, as specified in para 'a' of the memorandum of association, are to impart and train in all areas, subjects, fields and disciplines of education, including hospitality, tourism and business management; to act as representative of various foreign educational institutions, universities, organizations, bodies or any other type of institutions for recruiting students and rendering other related services; to establish and run in any part of india, colleges or schools to impart education on such terms and ..... the learned single judge then took cognizance of the fact that while the appellant is neither approved by aicte nor affiliated with any university, the respondents have already obtained the recognition/permission and affiliation from the concerned statutory bodies and have spent huge amount for establishing the institute ..... the learned single judge noted that while the plaintiff is neither approved by aicte nor affiliated with any university, the respondents have obtained the requisite recognition and affiliation from the concerned statutory bodies and 240 students have already been admitted in the five years course ..... of imparting education but knowing fully well that in india the name of a foreign university is lucrative enough to get larger chunk of money from the pockets of the parents. ..... american university, usa and other bodies like international air transport association, travel agents association of india, confederation of indian industry, universal federation .....

Sudhan Singh ors. Vs. University of Delhi and ors.

Court : Supreme Court of India

Reported in : AIR1986SC710; 1986(1)SCALE81; (1986)1SCC611; [1986]1SCR131; 1986(2)LC28(SC)

..... that the tenant to whom such premises were let for use as a residence at the time when he was in the service or employment of the landlord, has ceased to be in such service or employment; or (b) that the tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such premises; or (c) that any other person is in unauthorised occupation of such premises; or (d) that the premises are required bona fide by the public ..... additional rent controller, delhi, the rent control tribunal, delhi, and the high court concurrently found in favour of the delhi university and held that the bona fide need urged was well founded and hence ordered eviction. 2. ..... an application for eviction was filed by the respondent - the university of delhi - against its tenants, the appellants and the petitioners, under section 22 of the act seeking eviction on the ground that the buildings in their occupation were required for the use of its ..... was strongly contended that the use of the building for the residence of the employees of the university will not come within the expression 'for the furtherance of its activities.'. ..... it was contended that the activities of the university are restricted to what takes place within the university and providing accommodation for its employees will not come within ..... only question that survives for consideration now is as to whether the delhi university was entitled to invoke the provisions of section 22 of the act to evict its tenants. .....

Madurai Kamaraj University Vs. Dr. K. Rajayyan

Court : Supreme Court of India

Reported in : AIR1988SC385; JT1987(4)SC531; 1988LabIC939; 1987(2)SCALE1269; 1988(Supp)SCC97; 1988(1)LC7(SC)

..... of the appellate judgment of the high court was made on condition that the respondent would be paid all his emoluments including arrears due to him in case he had been reinstated.2.under the madurai university act, 1965, the senate is the highest authority and the executive power to administer the university is vested in the syndicate subject to the overall control of the senate. ..... ordinance 29 in chapter xxiv laying down the conditions of service of the employees of the university provided thus:the date of compulsory retirement of a university servant in superior service shall be the date on which he attains the age of 55 ..... the respondent has stated: now that the special leave petition preferred by the university challenging the judgment of the high court has been admitted and is pending before the hon'ble court in civil ..... on the documents already on record and referred to above, we include that teachers in the appellant-university are entitled to continue till they attain the age of 60 years and the decision of the syndicate in retiring the respondent at the age of 55 years was ..... reader in the school will take charge of the school from him immediately.pursuant to the resolution, the respondent was relieved from service on 7.4.1984 and he assailed the decision of the university by filing a writ petition before the madras high court. ..... of the act authorises the syndicate to make ordinances to prescribe inter alia conditions of service of teachers and other employees of the university. .....

S. Kalan, Director, Kerala State Federation of Scheduled Caste/Schedul ...

Court : Kerala

..... this higher sense of responsibility is what amery calls a state of mind, which weighs the consequences of action and then acts, irrespective, it may be, of the concurrence or approval of others this is the responsibility of leadership, of conviction, conscience, judgment, and integrity ..... learned counsel for the petitioners has strenuously contended that the registrar could exercise his powers under section 33(1) of the act only in the event when a managing committee could not have its meetings for six consecutive months. ..... in conflict of law and morality (p.316, oxford university press, 1989) under the heading fairness, perceived fairness, and administrability, the learned author kent greenawalt opines thus: if someone is incapable of performing the task that would constitute his share, fairness does ..... in support of his submission that the registrar can exercise his powers under section 33(1) of the act only on the grounds that the committee has failed to have its meeting in six consecutive months, the learned counsel has placed reliance on radhakrishnan ..... in elaboration, the learned counsel has submitted that in terms of section 28(5) of the act the minimum quorum being above 50% of the total strength of the managing committee, 12 is sufficient: 12 is more than 50% of 23. ..... other words, the existence of the circumstances in question is open to judicial review (vide indian nut products v. ..... registrar of co-operative societies (2008 (2) klt 184). 14 ..... joint registrar (2008(2) klt 385). .....

The Chairman Vs. the Union of India and ors.

Court : Chennai

..... if for the word council, the words board of governors were substituted; (b)the board of governors shall- (i)exercise the powers and discharge the functions of the council under this act and for this purpose, the provisions of this act shall have effect subject to the modification that references therein to the council shall be construed as references to the board of governors; (ii)grant independently permission for establishment of new medical colleges ..... srm university (manu/tn/1376/08) in w.a.no.1413 of 2008, dated 5.12.2008, wherein after quoting the passage, it was held that it was mandatory that the application ..... only when a scheme, in accordance with the regulations, is submitted by a medical college under section 10-a of the act to the central government and the medical council is satisfied that the scheme complies with the requirement of the act and regulations and thereafter the medical council recommends for such an increase in admission capacity. ..... and 11 of the said judgment, which reads as follows: 8.coming to the first question, since long time past, establishing of a medical college and medical education therein are governed by the indian medical council act, 1956 (hereinafter referred to as the act) and the dentists act, 1948. ..... the mci constituted under the indian medical council act, 1956, under section 10-a read with section 33, had framed regulations with the previous sanction of the central government for the grant of permission for staring new or higher .....

A Citizen of India Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : ILR1996KAR3136; 1996(7)KarLJ426

..... . applying the tests laid down by this court, it must be held that the proviso to sub-section(5) of section 5 of the medical university act which was inserted by the state act requiring prior permission of the state government for establishing a college is repugnant to section 10a inserted in the indian medical council act, 1956, by the central act which prescribes the conditions for establishing a new medical college in the country ..... of section 10a, 10b or 10c as inserted in the principal act by the indian medical council (amendment) act, 1993, does not vest any power in the council to determine the admission capacities of the medical colleges, and,(iii)even after 1.6.1992 or for that sake 27.8.1992, the power to fix the admission capacity of a medical college can be traced only to the state government under section 53(10) of the karnataka universities act, 1976 read with section 4(i)(b) of the capitation fee ..... act and no other authority, may be the central government or the .....

S.S.Naveen Kumar Vs. the Tamilnadu Dr.M.G.R. Medical

Court : Chennai

..... (2) migration of students from one college to another is permissible only if both the colleges are recognised by the central government under section 11(2) of the indian medical council act, 1956, and further subject to the condition that it shall not result in increase in the sanctioned intake capacity for the academic year concerned in respect of ..... that they have spread the message to my sons colleagues as if he and another student who wrote the exam in the university premises along with him are the root cause for the entire situation it is only because of that their future is at ..... i submit as stated above the second respondent had threatened my son for writing the exam in the university premises on 3.8.2011 and also mislead the other students as if he and the another candidate were the cause for the entire situation and because of that their ..... that when the chairman of the second respondent college was taking every efforts to protect the interest of the students, because of my son they were forced to write the exam in the university campus and because of that their future is at stake and threatened to attack him when he comes to college. ..... the above clause 6(1) and 6(4) have been further substituted in terms of notification published on 22.12.2008 in gazette of india and the same is annexed as annexure vi as under:-6(1) migration of students from one medical college to another medical college may be granted on any genuine ground subject to the availability of vacancy in the .....

Mr. Surupsingh Hrya Naik Vs. State of Maharashtra Through Additional S ...

Court : Mumbai

Reported in : AIR2007Bom121; 2007(3)ALLMR442; 2007(3)BomCR134; (2007)109BOMLR844; 2007(4)MhLj573

..... section 11 deals with third party information and sets out, that where an appropriate information officer intends to disclose any information or record or part thereof on a request made under this act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the concerned public information officer shall give a written notice to such third party ..... the petitioners medical records is confidential, considering the indian medical council (professional conduct, etiquette and ethics) regulations 2002 framed under the provisions of the indian medical council act, 1956, which hereinafter are referred to as ..... having said so, we are left with the other contention urged on behalf of the petitioner, that considering section 19(4) of the act which we have earlier reproduced the information could not have been given without giving a reasonable opportunity of being heard to the third party, in ..... section 2(j) which defines 'right to information' reads as under:2(j) 'right to information' means the right to information accessible under this act which is held by or under the control of any public authority and includes the right to-(i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material ..... the area of private international law, in jurisdictions like admirality/maritime, that international conventions are enforced based on customary usage and .....

S.A. Partha and ors. Vs. the State of Mysore and ors.

Court : Karnataka

Reported in : AIR1961Kant220; AIR1961Mys220

..... . under section 51 of the mysore university act of 1956, it is for the chancellor of the university by rules to make special provisions for the educational advancement of students belonging to any socially and educationally backward class, the ..... apart from the general question whether it is permissible to invoke any such principle of equitable estoppel, there could be no scope for doing so unless it can be shown that the pre-university course and the five years' integrated course of engineering together constituted a single course of study in which case alone the petitioner could have complained that he having entered the course at ..... dealt with in chapter vi-a if the mysore university act and section 44-a therein deals with the conditions which have to be satisfied by a college before it can secure affiliation to the university ..... . having regard to the constitutional principle that the election is one and entire, not based on separate electorates and to the express provisions of sections 54(4) and 55 of the representation of the people act, their lordships held that a member of the scheduled caste is not prevented by the declaration made by him for the purpose of competing for a reserved seat from getting elected to the general or unreserved ..... communities or castes into 14 different groups and distributed the 45 per cent of the seats reserved for backward classes between these various groups ranging from 1.2 per cent in favour of indian christians to 8.5 per cent in favour of lingayats .....