Court : Mumbai
Reported in : 2005(3)MhLj881
..... or having been made, the aforesaid period expired at the commencement of the maharashtra regional town planning (amendment) act, 1993, (mah. x of 1994)] the state government may make a fresh declaration for acquiring the land under the land acquisition act, 1894, (i of 1894) in the manner provided by sub-sections (2) and (3) of this ..... under the provisions of the bombay town planning act the compensation which is payable is determined at a rate prevailing many years before the date on which the notification under section 4 of the land acquisition act is issued. the argument is based on no solid foundation. the method of determining compensation in respect of ..... lands which are subject to the town-planning scheme is prescribed in the town planning act. there is no option under that act to acquire the land either under the land acquisition act or under the town planning act. once the draft town-planning .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)ALLMR759; 2005(2)BomCR537
..... court found that the basic ground on which the labour court reduced the back wages based on a judgment of the high court which stood overruled and the very foundation of the conclusion of the labour court destroyed the inevitable conclusion that every time when a reinstatement is ordered, full back wages must follow.9. the reliance ..... by the petitioners on the judgment in the case of veeramani v. the management of t.n. electricity board and anr., reported at 1993(i) c.l.r. 95, is for the same purposes and there the award of labour court granting only 50% back wages and denying remaining 50% was quashed ..... prescribed after mentioning loss of employment and after considering the possibility of getting or not getting suitable employment thereafter. he, therefore, contends that the provisions of meps act are totally distinct and the rulings delivered by various courts under labour court cannot be used as precedent in the matters of school tribunal. he points out that .....
Tag this Judgment!Court : Delhi
Reported in : 2003IVAD(Delhi)477; 106(2003)DLT235; 2003(71)DRJ747
..... ncte came into existence as a consequence of the passing of the national council for teacher education act, 1993 (act 73 of 1993). section 32 thereof empowers the council, i.e., ncte, to make regulations not inconsistent with the provisions of the act, inter alia, section 12(e), which contemplates and enjoins the council to 'lay down norms ..... had the ncte explicitly stated that no interviews would be conducted, the situation would appreciably change. but no such regulation has been disclosed. i also find no foundation for the extraordinary argument that the interview board shall only scrutinise the candidates eligibility documents. reliance on the decision in k. anand v. convenor, engineering agricultural ..... qualities spelt out by the scert itself. i am also of the considered opinion that the decision of the hon'ble supreme court in t.m.a. pai foundation & others v. state of karnataka and others, : (2002)8scc481a and st. stephen's college v. university of delhi, air 1992 sc 1636 have no .....
Tag this Judgment!Court : Chennai
Reported in : (2004)4MLJ1
..... (reservation of seats in educational institutions and of appointments or posts in the services under the state) act, 1993 (act no.45 of 1994), hereinafter referred to as the act. section 3(b), the definition clause under the act defining 'educational institution', clearly includes any affiliated institution. the unaided educational institutions are also affiliated institutions. ..... counseling system akin to the single window system this is the question that needs to be answered here.2. the judgment in t.m.a. pai foundation v. state of karnataka considered in detail the extent of the right of administration of the educational institutions, minority, non-minority, private and government. the ..... was not correct. it was further submitted that it was not open to the colleges/institutions to rely on the judgment in t.m.a. pai foundation v. state of karnataka , when the subsequent judgment in islamic academy of education v. state of karnataka : air2003sc3724 had clarified and explained the earlier .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ESC354
..... education as institutional students, they cannot excluded from consideration for special b.t.c. course 2004.38. section 12 of the national council of teachers' education act, 1993 provides for the functions of the national council of teachers' education. one of the functions in section 12(e) is to lay down norms for any specified ..... percentage of marks in practical examinations of teaching qualifications by some of the institutions cannot be a ground to challenge the selections, until and unless any factual foundation has laid down. he submits that the petitioners have not complained to either the national council of teachers' education or to the state government and no ..... . firstly he submits that none of the petitioners have laid down full and detailed facts with regard to their candidatures. almost all the writ petitions lack foundations of fact. the allegations in all the writ petitions are general in nature. in a writ petition under article 226 of constitution of india the court .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)1SCC642
..... as under:now, therefore, in exercise of the powers conferred under sub- section (2) of section 32 of the national council for teacher education act, 1993 (73 of 1993), the national council for teacher education hereby makes the following regulations, namely:-1. short title and commencement:(1) these regulations may be called the ..... a suitable system of continuing education of teachers (see: statement of objects and reasons of the national council for teacher education act, 1993).13. section 12 of the ncte act, 1993 empowers the `council' to take all steps for ensuring planned and co-ordinated development of teacher education and for the ..... as quasi-retroactivity, occurs when a new rule of law is applied to an act or transaction in the process of completion.... the foundation of these concepts is the distinction between completed and pending transactions....' t.c. hartley, foundations of european community law, p. 129 (1981).* * *retrospective.--looking back; contemplating what .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(2)ALD(Cri)781; 1996(3)ALT763
..... plainly forbidden.15. the celebrated passage from the judgment of lord atkin in r v. electricity commissioners, 1924 (1) k.b. 171 at 204 serves as the foundation in the modern times for the issue of a writ of certiorari:'wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having ..... provisions of order xxiii, rule 4, we must hold that the subsequent case instituted by the first respondent - l.g.c.no. 23 of 1993 - was not maintainable, does not merit acceptance. the act does not mandate the special court to follow the procedure laid down in the code of civil procedure. on the other hand, as already noticed, ..... , while taking us through the evidence, has contended that the impugned judgment of the special court was vitiated on three grounds:(i) l.g.c.no. 23 of 1993 filed by the first respondent was not maintainable since the permission of the special court was not obtained under order xxiii, rule 4of the code of civil procedure for] .....
Tag this Judgment!Court : Chennai
Reported in : 2007(3)CTC11
..... (150 teaching days plus 30 days of internship) was prescribed under appendix-5.8. in exercise of the power conferred by section 32(2) of the ncte act, 1993, the national council issued the national council for teacher education (recognition norms and procedure) (third amendment) regulations, 2006, revising the norms and standards for teacher education ..... like the university or the state government to prescribe a time schedule for commencement of the course and for the admission of students. neither the ncte act, 1993 nor the regulations issued by ncte prescribes a time schedule for the commencement of the course and the admission of students. this has been left by the ..... members without a corresponding extension of the cut off date for admission of students, is meaningless and that it becomes otiose, appears to be correct. the foundation for the said contention of the learned senior counsel is a clause contained in the order of recognition issued by ncte itself. but unfortunately, the said .....
Tag this Judgment!Court : Chennai
Reported in : (2006)2MLJ382
..... backward classes, scheduled castes and scheduled tribes ( reservation of seats in educational institutions and of appointments of posts in the service under the state) act, 1993 (tamil nadu act 45 of 19 94) applicable to the admission for the professional courses. section 10 confers on the state government power to make rules for carrying ..... of the list of successful candidates prepared at cet without altering the order of merit inter se of the students so chosen.137. t.m.a.pai foundation v. state of karnataka, : air2003sc355 has held that minority unaided institutions can legitimately claim unfettered fundamental right to choose the students to be allowed admission ..... in educational institutions and of appointments of posts in the services under the state) act, 1993 (tamil nadu act 45 of 1994).10. the aforesaid provisions of the act including its preamble make it abundantly clear that the sole object of the act is to abolish common entrance test for the students of state board while making .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2004MP1; I(2004)BC106; [2005]123CompCas677(MP); 2003(2)MPHT114; 2003(2)MPLJ161; [2003]45SCL63(MP)
..... recovery tribunal (in short 'the tribunal') on the foundation that debts recovery appellate tribunal (for short 'the appellate tribunal') had already pronounced a verdict that against an interlocutory order passed under the recovery of debts due to banks and financial institutions act, 1993 (for brevity 'the act'), no appeal lies. the learned single judge felt that ..... be that the tribunals shall have to follow dilatory procedures available under the code of civil procedure, 1908 which the legislature intended to avoid by enacting the act of 1993. therefore, normal procedure is to receive evidence by affidavit(s) and it is only for reasons to be recorded that the tribunals may summon the ..... ). therefore, we have no hesitation in holding that regulations 31 and 32 do not transgress the limits stipulated under section 22 of the act or sub-rule (6) of rule 12 of the 1993 rules. hence, they are absolutely valid and impeccable. 25. the next facet of argument of mr. shrivastava, even if an appeal .....
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