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The Aligarh Muslim University Through Its Vice-chancellor Vs. Malay Sh ...

Court : Allahabad

Reported in : 2006(1)AWC992

..... or repeal of an existing ordinance shall have any validity until it has been submitted through the court and the visiting board (which may record its opinion thereon ) to the governor- general in council, and has obtained the approval of the latter, who may sanction, disallow or remit it for further consideration' this again shows that even ordinances could not be made by the university without the ..... teaching and teaching and residential muslimresidential muslim university at university at aligarh, and toaligarh, and to dissolve the dissolve the societies registeredsocieties registered under the under the societies' registrationsocieties'registration act, act, 1860, which are1860, which are respectively respectively known as theknown as the mohammadan mohammadan anglo orientalanglo oriental college, aligarh, college, aligarh, and the muslimand the muslim university university association ..... the aforesaid provisions as were contained in original 1920 act and as amended in 1981 act are set out below:__________________________________________________________1920 act 1981 act______________________________________________________________(i) preamble: an act to (i) preamble: an act toestablish and incorporate a incorporate a teaching and teaching and ..... the early, history leading to the setting up of the aligarh muslim university by an act of the indian legislative council in 1920. ..... university will be found in many a reputed hospital and nursing home. ..... from 1920 until 1947 or 1950, nothing .....

Additional Commissioner of Income-tax, Gujarat Vs. Surat Art Silk Clot ...

Court : Supreme Court of India

Reported in : AIR1980SC387; (1979)13CTR(SC)378; [1980]121ITR1(SC); (1980)2SCC31; [1980]2SCR77

..... in their scope, that every object of public utility was not necessarily a 'charitable purpose', and yet 22 years later in 1918, when the explanation to section 4(3) of the income-tax act, 1922 was placed on the statute book, the indian legislature while practically adopting lord macnaghten's phraseology in enumerating the first three heads of the definition, described the fourth as 'advancement of other objects of general public utility', without any restriction ..... felt that the words 'not involving the carrying on of any activity for profit' should be added to the definition.it is obvious that the exclusionary clause was added with a view to overcoming the decision of the privy council in the tribune case where it was held that the object of supplying the community with an organ of educated public opinion by publication of a newspaper was an object of general public utility and hence charitable in ..... it must also be within the spirit and intendment of the preamble to the statute of elizabeth if it is to be regarded as charitable, there is no such limitation so far as indian law is concerned even if a purpose is not within the spirit and intendment of the preamble to the statute of elizabeth, it would be charitable if it falls within the definition of 'charitable purpose' ..... . the profits of the nursing home owned and run by the trust will be exempted under section 11(4), because the business is carried on by the trust in the course of the actual carrying out of the primary .....

Raghunathrao Ganpatrao Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : JT1993(1)SC374; 1993(1)SCALE363; 1994Supp(1)SCC191

..... anything in this constitution or in any law for he time being in force- (a) the prince, chief or other person who, at any time before the commencement or the constitution (twenty-sixth amendment) act, 1971, was recognised by the president as the ruler of an indian state or any person who, at any time before such commencement, was recognised by the president as the successor of such ruler shall, on and from such commencement, cease to be recognised ..... commencement of the indian independence act, 1947, british paramountcy lapsed and the indian states became completely ..... ?180. in indira nehru gandhi's case (supra), the following observations are found in para 663:preamble vis-a-vis object of amendmentthe preamble, generally, uses words of 'passion and power' in order to move the hearts of ..... to state that likewise in the north-eastern states, the tribals were given autonomous powers for their district councils coequal to what is conferred on the states and that for minorities, special provisions are made ..... aliens. i invite my friends, the rulers of states and their people to the councils of the constituent assembly in this spirit of friendliness and cooperation in a joint endeavour, inspired by common allegiance to our motherland for the common good of us all.we are at a ..... to all the rulers of the state to work through the councils of constituent assembly for the common good of all ..... the administration of united states by a rajpramukh aided and advised by a council of ministers. .....

Krishna Kumar Mishra and anr. Etc. Etc. Vs. State of Bihar and ors. Et ...

Court : Patna

..... the counsel, communal award for separate electoral roll for muslims was introduced by indian council's act, 1909, based on morley minto reference. ..... and; (c) right to participate in the self governance.according to him, though reasonable restrictions can be made in the adult franchise, but any law seeking to abrogate the inherent right of the people, which flows from the preamble, including right to have a democratic government and equality of status and opportunity, such law must be held to be offending the basic feature/structure of the constitution.according to the petitioners, to participate in democratic process is an ..... him, there is nothing which can be said to be wrong to have an elected body at the village level for dispensing justice in regard to petty matters.referring to bihar panchayat raj act, 1947, it was pointed out that the judicial powers both criminal and civil were conferred upon the gram kutchery even under the 1947 panchayat act. ..... the respectable of the village has been age-old system which has put the test of time.reliance was also placed on article 372 of constitution and it was submitted that bihar panchayat raj act, 1947 was originally saved by article 372, subject to other provisions of '* constitution. ..... counsel, chapter vi of constitution relates to subordinate courts, article 233 relates to appointment of district judges and the said article is not in conflict with either the provisions of the bihar panchayat raj act, 1947 or those of 1993 panchayat act. .....

Shirish Finance and Investment (P.) Ltd. Vs. M. Sreenivasulu Reddy

Court : Mumbai

Reported in : 2002(1)BomCR419

..... the ingredients of the offences but also for the constitution of special courts to try the same, the special court constituted under section 3 of the act of 1988 had jurisdiction only to try the offences punishable under the said act and could not try the offences punishable under the act of 1947, unless the proceedings in relation to such offences had commenced before a special judge appointed under ..... such reliefs in regular actions only in cases where the enactment can be said to create entirely a new sphere of rights and obligations, it becomes important to discuss the question in this case whether the indian companies act must, having regard to its true nature, be regarded as an act creating such a new sphere or as merely legislating for or regulating certain rights recognized under the common law ..... . 135, which related to an agreement to pay certain amount for services rendered as a nurse but was in reality for past cohabitation, held that the consideration for the document being past cohabitation, it was unlawful as ..... he placed reliance upon two decisions, one of the privy council and the other of the supreme court to support his submission that the person who is said to hold the shares within the meaning of regulations 9 and 10 need not necessarily be a ..... . secretary of state for india in council 26 ia 16, it was held that the relief which the plaintiff was seeking was for a declaration that the compromise decree was null and void and if such a declaration is granted, the .....

The Secretary, Kamaraj College Vs. D.S. Arulmani, Reader and Head of D ...

Court : Chennai

Reported in : (2008)2MLJ593

..... learned counsel appearing for the medical council of india has, therefore, rightly submitted that under the indian medical council act of 1956 the indian medical council is empowered to prescribe, inter alia ..... previous sanction of the central government, in regard to any of the matters referred to in section 33 of the indian medical council act, 1956, will have statutory force and are mandatory. ..... the light of the clear dichotomy between the respective fields occupied by entry 66 of list i (union list) and entry 25 of list iii (concurrent list) and the provisions of the tamil nadu private colleges (regulation) act;(b) that the selection and appointment of lecturers and principals in private aided colleges in the state of tamilnadu, has to be made by a committee known as, 'college committee', by virtue of the provisions of section 14(1)(b) of the ..... iii (concurrent list) reads as follows:education, including technical education, medical education and universities, subject to the provisions of entries 63, 64, 65 and 66 of list i; vocational and technical training of labour.the preamble to the university grants commission act, 1956, reads as follows:an act to make provision for the co-ordination and determination of standards in universities and for that purpose, to establish a university grants commission.section 12 of the u.g.c. ..... considered the effect of the presidential assent to the bombay rents, hotel and lodging houses rates control act, 1947, on the parliamentary enactment, viz. .....

M. Sreenivasulu Reddy and ors. Vs. Kishore R. Chhabria and ors.

Court : Mumbai

Reported in : [2002]109CompCas18(Bom)

..... take the words as the legislature have given them, and to take the meaning which the words given naturally imply, unless where the construction of those words is, either by the preamble or by the context of the words in question, controlled or altered ; and, therefore, if any other meaning was intended than that which the words purport plainly to import, then let another ..... the courts would have to adjust and adapt, limit or extend the principles derived from english decisions, entitled as they were to great respect, suiting the conditions of indian society and the country in general, always, however, with one primary consideration in view that the general interests of the shareholders should not be readily sacrificed at the altar of ..... wherein the supreme court had to consider whether the contravention of section 33(2)(b) of the industrial disputes act, 1947, made the dismissal order void particularly when a penalty was provided for such a contravention. ..... advocate, while dealing with a contempt of court case by suspending his licence to practise, a power otherwise statutorily available only to the bar council of india, on the ground that the contemner is also an advocate, is, therefore, not permissible in exercise of the jurisdiction under article ..... shriniwas pandit, 17 bom lr 527 wherein the privy council observed as follows (at the bottom of page 545) : 'under the contract law of india, as well as by ordinary principles, coercion, undue influence, fraud and misrepresentation, .....

Needle Industries (India) Ltd. and ors. Vs. Needle Industries Newey (I ...

Court : Supreme Court of India

Reported in : AIR1981SC1298; (1982)1CompLJ1(SC); 1981(2)SCALE959; (1981)3SCC333; [1981]3SCR698

..... and he be restrained from functioning as a director of the company; (d) that the purported allotment of 16,000 shares pursuant to the impugned resolution of the board of may 2, 1977 be declared void; (e) that the indian group of shareholders to whom the rights shares were allotted be restrained from exercising any voting rights in regard to any part of those shares; (f) that the company be restrained from giving effect to the allotment of the ..... 11, 32, 38 and 50 and they read thus :article 11 : in order that the company may be a private company within the meaning of the indian companies act, 1913, the following provisions shall have effect, namely :(i) no invitation shall be issued to the public to subscribe for any shares, debentures, or debenture stock ..... after referring to certain passages from palmer's company law and gore-browne on companies, and the decisions of the house of lords, the privy council, and our own courts including the supreme court, the division bench held that since the action of the board of directors of niil was not in the ..... person resident in india' is defined in clause (p) of section 2 to mean :(i) a citizen of india, who has, at any time after the 25th day of march 1947, been staying in india, but does not include a citizen of india who has gone out of, or stays outside, india, in either case-(a) for or on taking up employment outside india, or(b) for carrying ..... gradually mounting up between the two but, evidently, they nursed a preference for devagnanam. .....

The Director of Industries and Commerce, Government of Andhra Pradesh, ...

Court : Supreme Court of India

Reported in : AIR1973SC827; 1973LabIC434; (1972)IILLJ486SC; (1973)1SCC99; [1973]2SCR562; 1973(5)LC390(SC)

..... of andhra and the chief minister, revenue minister and the some other ministers of the hyderabad state amongst whom one later became the first chief minister and most others members of the first council of ministers of the state of andhra pradesh with a view to allay the fears of the people of this underdeveloped region and to reserve to them the benefit of securing employment in the region on the ..... was then a native indian state which had not acceded to the dominion of india after the indian independence act, 1947. ..... enacted, provided: "section 3 and all rules made thereunder shall cease to have effect on the expiration of five years from the commencement of this act, but such cesser shall not effect the validity of any appointment previously made in pursuance of the said rules. ..... the preamble reads : "an act to make in pursuance of clause (3) of article 16 of the constitution special provisions for requirement as to residence in regard to certain clauses of public employment in certain areas and to repeal existing laws ..... the legislation, its object, title and the preamble to it, point to that conclusion. ..... that parliament had made up its mind that rules requiring residence as qualification for appointment to services or offices shall continue because the public employment act enables the central government to make such rule s. ..... matter of drafting and if the telengana region had been dealt with separately in a separate act we would have had no hesitation in holding that s. .....

Gauri Shankar Gaur and Others, Etc. Vs. State of U.P. and Others

Court : Supreme Court of India

Reported in : AIR1994SC169; 1993(3)SCALE371; (1994)1SCC92; [1993]Supp1SCR667

..... only because their petitions had been tagged with special leave petition in which following order was passed:leave granted limited to the question as to whether the limitation provided in proviso to section 6 of the land acquisition act introduced by the amending act of 1967 is also applicable in the facts of this case in view of u.p. avas & vikas adhiniyam.from the order granting leave extracted above it is clear that the order was confined to facts of ..... of india : 1979crilj773 , another constitution bench surveyed the case law when tamilnadu public men (criminal misconduct) act was challenged as being repugnant to the crpc, 1898, prevention of corruption act 1947 and criminal law (amendment) act, 1952 and laid down the test thus: (1. ..... society case holding thus:their lordships of the privy council made it clear that this principle would not apply where a subsequent act is rendered unworkable or is not able to function effectively ..... 's case meaning of the word 'public servant' used in section 21 of the indian penal code having become well known by interpretative process the state legislature instead of repealing it adopted it by providing that, for purpose of this act 'public servant' means a public servant defined in section 21 of the indian penal code'. ..... (preamble and section 4) to relieve housing shortage in urban areas due to increased influx of the migrant rural population to towns and cities to take out their livelihood or for their betterment and consequent rapid increase of .....