Court : Mumbai Nagpur
..... permitted the management to hold de novo enquiry, at the highest the tribunal could have directed the appellants to be notionally reinstated. (ix) that there is no foundation in the pleadings before the college tribunal as regards the ground of bias, and therefore, the appellants are disentitled to urge the said ground. 15 in so ..... dismissal holding inter-alia that the rules of natural justice were grossly violated. this position has been reiterated in the decision in rattan lal's case, air 1993 sc 2155, referred earlier. the supreme court has laid down that the test is not whether in fact, bias has affected the judgment; the test always ..... appointed by the executive council had investigated those charges, recorded the evidence and submitted its finding to the executive council. the executive council, under the agra university act, was the appointing authority and as such it was the punishing authority also. in the enquiry held against the petitioner, the members of the executive council had .....
Tag this Judgment!Court : Mumbai Nagpur
..... public trust by name ashok education society ( registration no. f47 amravati) has got its common scheme for management and administration. clause 6 thereof stipulates that it has foundation members, patrons, fellows, donars and well-wishers as classes of members. all these members represent its general body and as per clause 10, elect the governing ..... with regard to the efficacy of any change brought about and its application is no more res integra. the apex court in decision reported in a.i.r. 1993 s.c.w. 3006; (managing committee, khalsa middle school and another v. smt. mohinder kaur and another), has considered this aspect of the matter. the ..... greater bombay had jurisdiction to interfere with the administration of the appellant trust which was registered at baroda in the state of gujarat. after the re-organisation act came into force, an application for registration of the property situate in gujarat was filed. the audited statements of accounts admittedly were also filed till 1973. .....
Tag this Judgment!Court : Mumbai Nagpur
..... (2006) 4 scc 1 : (2006) 4 scale 247]. but before such a finding can be arrived at the appointing authority must take into consideration the foundational facts. only when such foundational facts are established, the legal principles can be applied. 41. if the services of the appointees who had put in few years of service were terminated; compliance ..... deal with the situation of illegalities and irregularities in the selection process going to the root of the matter and vitiating the selection totally. the cases reported in (1993) 3 scc 591 (dr.m.s.mudhol and another v/s s.d.halegkar and others), (1991) 3 scc 368 (munindra kumar and others v/s ..... the appointments, then, to urge that the chancellor was bound by any other recommendation, is making mockery of his powers and also the provisions of the said act. the act enacts safeguards and inbuilt, checks and balances for proper and regular conduct of the affairs of the university, its administration and finances. no selection or appointment of .....
Tag this Judgment!Court : Mumbai Nagpur
..... management put their case before the director of education and a concilliation is attempted. reply submissions of petitioners: - 15. advocate deo states that t.m.a. pai foundation and ors. vs. state of karnataka and ors. (supra) approves frank anthony public school employees' assn. v. union of india as also earlier judgment of constitution ..... levy of purchase tax on sugarcane and it is not applicable to levy of purchase tax on any other goods which are otherwise taxable under the finance act. the sugarcane act also provides for regulation of production, supply and distribution of sugarcane. thus, it is an enactment which is specifically meant for the control of the ..... by the state legislature to give statutory basis to various executive orders regulating the service conditions. hon'ble apex court in m.g. pandke vs. municipal council, highanghat 1993 suppl. (1) scc 708 in para 7,8 and 13 observes as under :- "ss code not itself statutory but in nature of executive instructions". full bench .....
Tag this Judgment!Court : Mumbai Nagpur
..... be meeting of minds between the proposer and the persons to be consulted on the subject of consultation. there must be definite facts which constitute the foundation and source for final decision. the object of the consultation is to render consultation meaningful to serve the intended purpose. prior consultation in that behalf is ..... apex court in the case of indian administrative service (s.c.s.) association, u.p. and others .vs. union of india and others reported in 1993 supp (1) scc 730 while considering the scope of consultation, when the central government exercises the rule making powers to amend the rules, regulating the ..... the house after taking into consideration the question of conferring powers upon municipal commissioner for taking action u/sec. 37 of maharashtra regional and town planning act, 1966, for effecting said modifications in development plan, publication of notification of said modifications, taking necessary decision on the objections received thereon and submission .....
Tag this Judgment!Court : Mumbai Nagpur
..... consideration of the issue cannot be deemed to be a precedent declaring law. for same purpose reliance is also placed on (2002) 8 scc 481 (t.m.a. pai foundation and others vs state of karnataka and others) where it is explained that ratio decidendi of a judgment is to be found out only on reading of entire judgment and ..... and it does not in any way militate with the view of division bench of this court in dowell leasing & finance co. vs. radheshyam b. khandelwal (supra).7. in air 1993 s.c. 352 (r. n. gosain v. yashpal dhir), hon'ble apex court states that "approbate and reprobate" is not permissible and said principle, is based on doctrine of ..... in the arbitral tribunal, parties have to wait until the award is pronounced unless, of course, a right of appeal is available to them under section 37 of the act even at an earlier stage. its conclusions separately recorded also reiterate this principle as :"(vi) once the matter reaches the arbitral tribunal or the sole arbitrator, the high court .....
Tag this Judgment!Court : Mumbai Nagpur
..... a decision of the division bench of this court reported in air 1990 bom 189 - the charity commissioner, maharashtra state, bombay v. smt. shantidevi lalchand chhaganlal foundation trust, bombay and others. we have closely examined that decision. in our view, the objectors or petitioners are under some misconception that this judgment holds -------- of ..... earlier judgment of the division bench of this court reported in air 1990 bom 189 - (the charity commissioner, maharashtra state, bombay v. smt. shantidevi lalchand chhaganlal foundation trust, bombay and others) :- 12. the first and foremost question that needs to be addressed is the scope and ambit of the authority of the charity commissioner ..... of section 41a of the b.p.t. act, 1950, in the case of lahudassambhaji karad...versus...state of maharashtra and others, reported in 1993 (2) mh.l.j. 1056 a single bench of this court held that acting under section 41a of the b.p.t. act, 1950 the charity commissioner cannot interfere with the .....
Tag this Judgment!Court : Mumbai Nagpur
..... noted that specifically for such purpose that corporation itself was formed. in (2005) 93 itd 223 (delhi) (shri ram scientific and industrial research foundation .vrs. additional director of income tax), the delhi high court has looked into provisions of section 10[21], as also section 35[1][ii] of the ..... a permanent footing. judgment of delhi high court in case of shri ram scientific and industrial research foundation .vrs. additional director of income tax (supra), looks into the exemption provision of section 10[21] of the 1961 act. delhi high court notes that section 10[21] exempts only a scientific research association and does ..... shri parchure, learned counsel has relied upon a judgment of gujarat high court reported at (1993) 66 taxman 411 (gujarat) (commissioner of income tax .vrs. sorabji nusserwanji parekh), which considers provision exemption in section 10[22] of the 1961 act. as per that provision any income of university or other educational institution existing solely for .....
Tag this Judgment!Court : Mumbai Nagpur
..... scheme by state and corresponding violation of article 14 of the constitution of india recorded by this court. judgment of hon'ble apex court is on the foundation of this finding and due to financial repercussions flowing from high court's directions, the hon'ble apex court gave liberty to the executive to consider the ..... of this court in w.p. 3508 of 1992 dr. shrihari shankar vaidhya vs. state of maharashtra decided with w.p. 2645 of 1990 and 3508 of 1993 on 14th june, 1996 has considered the challenge to discriminatory treatment meted out to teaching and non-teaching employees of non-government aided ayurvedic and unani colleges affiliated ..... for the respondent tried to contend that certain proceedings have been initiated for impugning the recognition granted to the appellant school under the u.p. basic education act and as such the appellant's status as a recognized institution cannot be taken for granted. we cannot countenance this argument because any proceedings instituted to impugn .....
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