Court : Chennai
..... in 2005 reads thus : "advertisement no.01/2005 special recruitment drive for sc/st sameer is a leading randd institute of department of information technology, ministry of communications and information technology, government of india, engaged in a large number of time bound projects of national importance as also in active research ..... of the labour laws. sub-clause (bb) in the definition of retrenchment was introduced to take care of such like-situations by industrial disputes (amendment) act, 1984." 14. it is discernible from the above judgments that even while exercising discretion under article 226 of the constitution, the court ..... for applied microwave electronics engineering and research (for brevity sameer) is one of its kind in the country under the ministry of communication and information technology of the central government, catering to defence research, indian satellite research organisation (isro), intelligence bureau of india, the indian meteorological department, the army, .....
Tag this Judgment!Court : Chennai
..... prerogatives relating to the civil service where national security is not involved. another non-justiciable power is the attorney-general s prerogative to decide whether to institute legal proceedings on behalf of the public interest. 15. the court will be slow to interfere in such matters relating to administrative functions unless decision is ..... 5 of the book, titled "itc (hs) classifications of exports and import items" published and notified by the director general of foreign trade and as amended from time to time." item 2 provides for itc (hs) classification of import and export which contained as under 710812.00other unwrought formsrestrictednot permitted to be ..... upon payment of applicable duties of customs. insofar as the second hand goods are concerned, paragraph 2.17 of the foreign trade policy, prior to its amendment, stipulated that digital multifunction print and copying machines were restricted items, and that they would be allowed to be imported only as per the provisions of .....
Tag this Judgment!Court : Chennai
..... tribunal was right in law in confirming the disallowance under section 40 (a) (i) of the act, on the basis of retrospective amendments without appreciating that the assessee at the time of remittance could not have anticipated such subsequent amendments and hence, the impossibility of performance at the time of making such payments? 8. whether on the facts and circumstances of the ..... tribunal was right in law in confirming the disallowance under section 40 (a) (i) of the act, on the basis of retrospective amendments without appreciating that the assessee at the time of remittance could not have anticipated such subsequent amendments and hence, the impossibility of performance at the time of making such payments? 9. whether on the facts and circumstances of the .....
Tag this Judgment!Court : Chennai
..... justice of a.p vs. l.v.a dixitulu, reported in (1979) 2 scc 34. 2. union of india vs. pramod gupta (2005) 12 scc 1; and 3. national institute of technology vs. niraj kumar singh reported in (2007) 2 scc 481. in the above judgments, it has been held that an order passed without jurisdiction, is nullity. 20. in the decision ..... :- 20. the legal position is no more res integra that an award and decree having become final under the la act cannot be amended or altered seeking enhancement of the statutory benefits under the amended provisions brought in by the amendment act in the la act by filing petitions under section 151 and section 152 cpc. in view of this, the award and .....
Tag this Judgment!Court : Chennai
..... a medical college regulations, 2003 and indian medicine central council (minimum standard requirements of siddha colleges and attached hospitals) regulations, 2013 and therefore, every institution imparting education in indigenous system of medicine has to comply with the mandate prescribed under the said statute and regulations framed thereunder. 24. it is ..... has carefully considered the rival submissions and also perused the entire materials placed before it. 10. the primordial question arises for consideration is whether the petitioner institution, in the light of indian medical central council (minimum standard requirements of siddha colleges and attached hospitals, regulations 2013, has to apply under form- ..... it is the stand of the first respondent that unless and until the petitioner institution applies under form-3 for increase in seat capacity in the light of sections 13-a, 13-b and 13-c of imcc amendment act, 2013, it cannot suo motu increase the admission capacity from 40 seats to .....
Tag this Judgment!Court : Chennai Madurai
..... democracy, equality, equity and solidarity as values of cooperatives. cooperative society has been declared as a democratic institution. democratic principles have all through been recognized as one of the cooperative principles though the constitutional affirmation of those principles came only in 2012. ..... -government. after two decades, cooperative societies were given the constitutional status by including them under part ixb. the main object for the said amendment was also to ensure "their autonomy, democratic functioning and professional management". 16. the national policy on cooperatives announced in march 2002 has recognized ..... rules or bye-laws contain any provision for democratic functioning. 15. the cooperative societies having been conferred a constitutional status by the ninety seventh amendment, the whole concept of cooperatives has undergone a major change. in 1993, the local self-governments, viz., panchayats and municipalities were also .....
Tag this Judgment!Court : Chennai Madurai
..... 31 of the constitution of india, all minorities, whether based on religion or language shall have the right to establish and administer educational institutions of their choice and therefore, those institutions have a special constitutional right to establish and administer educational schools of their choice. 6. the hon'ble division bench of this court ..... age of 14 years and this should be done within a period of 10 years from the commencement of the constitution. article 45 was amended by the 86th constitution amendment act, 2002 and it reads the state shall endeavour to provide early childhood care and education for all children until they complete the age ..... 11.2011, which was issued prior to the directions of ncet, cannot be made applicable to minority institutions. the hon'ble division bench of this court in the said judgment has only suggested that the minority institution may consider conducting a refresher course and also some interactive sessions in order to ensure the quality of .....
Tag this Judgment!Court : Chennai Madurai
..... respondents. by consent the writ petition itself is taken up for final disposal at the admission stage. 3. the petitioner is a recognised and aided minority educational institution. one post of bt assistant (maths) in the petitioner's school fell vacant on 01.06.2014 due to retirement of one chelladurai. in that vacancy, ..... the age of 14 years and this should be done within a period of 10 years from the commencement of the constitution. article 45 was amended by the 86th constitution amendment act, 2002 and it reads the state shall endeavour to provide early childhood care and education for all children until they complete the age of ..... 31 of the constitution of india, all minorities, whether based on religion or language shall have the right to establish and administer educational institutions of their choice and therefore, those institutions have a special constitutional right to establish and administer educational schools of their choice. 7. the hon'ble division bench of this court .....
Tag this Judgment!Court : Chennai
..... 7 of the tamil nadu reservation of seats on rotation basis.) huluvadi g. ramesh, j. 'free and fair elections are the very foundation of democratic institutions and just as it is said that justice must not only be done, but must also seem to be done; similarly, elections should not only be ..... categories would be proportionately reserved on the basis of the population figures in the respective local bodies. therefore, the apprehension of the petitioner that the present amendment would defeat the reservation enshrined in the constitution, as the current wards would continue to be in existence for the forthcoming election is totally misconceived. 34. ..... is further submitted by the learned senior counsel that inspite of the merger of adjacent corporations, which varies the territorial limits of the wards, the impugned amendments sought to keep in place the old reservational pattern without taking note of the extended territorial limits, which tends to defeat the reservation as enshrined in the .....
Tag this Judgment!Court : Chennai
..... . section 2(b) excludes from the purview of the definition of the expression "educational institution", those institutions established by the central government or under any law made by the parliament. the annamalai university act, 1928, received several amendments by virtue of the government of india (adaptation of indian laws) orders of 1937, 1940 ..... the government of tamil nadu [2005 wlr 697]; (vi) s.arulselvan v. the government of tamil nadu [2006 wlr 165]; (vii) cochin university of science and technology v. thomas p.john [(2008) 8 scc 82]; (viii) modern dental college and research centre v. state of m.p. [2010) 14 scc 186]; ..... and educational matters including the welfare of students and teachers. 45. after the judgment in tma pai foundation, various state governments and the educational institutions understood the majority judgment in different perspectives and different statutes were enacted and and regulations were framed by different state governments, resulting in litigations in .....
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