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B. Archana Reddy and ors. Vs. State of A.P., Rep. by Its Secretary, La ...

Court : Andhra Pradesh

Reported in : 2005(6)ALD582; 2005(6)ALT364

..... whole in andhra pradesh.12. the a.p. state commission for backward classes is a statutory body constituted under the a.p. backward classes commission act, 1993 (act 20 of 1993). the commission was constituted in accordance with the directions of the supreme court in indra sawhney v. union of india (129 supra), wherein the desirability ..... the same could not be said of the way in which it was expressed. the efficacy and maintenance of the rule of law, which is the foundation of any parliamentary democracy, has at least two pre-requisites. first, people must understand that it is in their interests, as well as in that ..... restricted to muslims excluding those classes/groups of muslims already identified and recognized by the government as backward classes, constitutes a fatal flaw in the conceptual foundation, adopted methodology and social survey of the commission's exercise and introduces an irredeemable infirmity to its conclusions and recommendations.66. classes of muslims already recognized .....

Natvarlal Motilal Chavda Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (2001)3GLR2508

..... for the administration to take appropriate decision and such decisions shall stand unless they are vitiated either by malafides or by extraneous consideration without any factual background foundation. in this case, we have seen that on the administrative grounds the transfer orders came to be issued. therefore, we cannot go into the expediency ..... fide made by the petitioner against the second respondent.' in the matter between m. sankaranarayanan, i.a.s. v. state of karnataka and ors., air 1993 sc 763 in paragraph-12, the court has observed that, 'after considering the respective contentions of the learned counsel appearing for the parties, it appears to ..... advocate appearing on behalf of the petitioner, the learned addl. advocate general mr. shelat submitted that in fact section 11 of the bombay labour welfare fund act permits the welfare board to appoint the welfare commissioner of its choice. the petitioner was deputed by the state government as a welfare commissioner. if the respondent .....

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

Court : Allahabad

Reported in : 2006(1)AWC992

..... 2003 with following observations:these matters are covered by the decision of a constitution bench of this court in writ petition no. 317/1993- t.m.a. pal foundation and ors. etc. v. state of karnataka and ors. etc. and connected batch decided on 31st october, 2002.all statutory ..... 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 ..... incorporated as the aligarh muslim university. note: there was no sectio (iv)section 5(2)(c): to promote 5(2) in 1920 act. especially the educational and cultural advancement of the muslims of india__________________________________________________________________105. the above provisions have been said to be declaratory in nature and .....

Dr. Bheem Rao Ambedkar Degree College Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2005(3)ESC2162

..... air 1997 kant 44 (47).(2) provision of section 5 of karnataka prohibition of admission of students to the unrecognised and unaffiliated educational institution act, 1993 being repayment to provision of act has to be held as void and cannot be resorted to by the state government for permitting the students of recognised or unrecognised institutions to ..... colleges. the committee in its order dated 28.5.2004 has observed that the cross-subsidy has been disfavoured by this court in t.m.a. pai foundation case.'the order passed by hon'ble supreme court in pushpagiri medical society (supra) was after considering the relevant facts and circumstances state of kerala and respective ..... as 'self finance institutions'. the allocation of only 15 per cent seats is violative of various apex court judgments including the judgment of t.m.a. pai foundation and ors. v. state of karnataka and ors., : air2003sc355 .it has been submitted by petitioner's counsel that all the colleges in question have been recognised .....

Zaranben Rasikbhai Patel and ors. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (2003)3GLR2054

..... , 12-8-1994, 28-10-1994 and 7-12-1994.41. it is pertinent to note here that the parliament had enacted the national council for teacher education act, 1993, to provide for the establishment of a national council for teacher education with a view to achieving planned and co-ordinated development of the teacher education system throughout the ..... the state law by the central law. he has, therefore, submitted that the recourse to section 13 of the state law is not permissible, and hence, the very foundation of the arguments canvassed by the petitioner is erroneous and cannot be tenable at law. in support of his submissions, he has relied on the decision of the hon'ble ..... in rejoinder, have submitted that the respondent-authorities have made out altogether a new case for which there was no foundation at all. there was no substance in the argument that because of the enactment of n.c.t.e. act, the state law has been given a go-by and the respondent-authorities have derived powers from clause 3(b .....

Angou Golmei Vs. Vizovolie Chakha Sang

Court : Patna

..... the other hand, cannot arise merely in the circumstances in which a suspicion can arise. a belief in the existence of a thing requires a more solid foundation than in the case of a mere suspicion. it may be based upon some definite information acquired from a reliable source that a certain person is in ..... existence of the reasons for the belief.14. the department has placed heavy reliance on annexure-c /1 which is letter of the spices board dated 22nd april, 1993 to the superintendant (prev.) customs and central excise, guwahati stating :-'there is no reports/data about cloves production in north-eastern states (assam, arunachal pradesh, meghalaya, ..... firm reasons to believe that the consignment in question was of foreign origin, effected seizure under the provisions of customs act, 1962, under the supervision of the deponent.'the seizure effected on 16th april, 1993 has been described in paragraph 13 of the aforesaid affidavit in identical manner. it would, thus, appear from the perusal .....

Rajaka Hakkula Porata Samithi (A.P.) Rep. by Its President and ors. Vs ...

Court : Andhra Pradesh

Reported in : 2010(1)ALT534

..... under challenge, in this batch of writ petitions, as being illegal, arbitrary and contrary to the provisions of the a.p. commission for backward classes act, 1993 (hereinafter referred to as 'a.p. act 20 of 1993').2. while sri s. ramachandra rao, learned senior counsel, sri a. ramalingeswara rao, sri g. arun kumar, sri v. venugopal and sri ..... and tenugollu' being moved from group 'd' to 'a'. the anantaraman commission report, and g.o.ms. no. 1793 dated 23.9.1970 accepting it, are the foundation for the b.c. commission report which in turn is the basis for the impugned g.o. the effect of change in the population of groups 'a' and 'd ..... commission was, ordinarily, binding on the government, that the government had exercised its powers, in accepting the recommendation, strictly in accordance with the provisions of the 1993 act and that the communities were placed in different groups not on the basis of their relative backwardness but with reference to their population. on the consequences of the .....

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

Court : Chennai

Reported in : (2008)2MLJ593

..... of an unaided institution.7. but that control cannot extend to the day-to-day administration of the institution. it is categorically stated in t.m.a. pai foundation that the state can regulate the method of selection and appointment of teachers after prescribing requisite qualification for the same. independence for the selection of teachers among the ..... the state can impose such conditions as are necessary for the proper maintenance of standards of education and to check maladministration. it is stated in t.m.a. pai foundation v. state of karnataka : air2003sc355 that:71. while giving aid to professional institutions, it would be permissible for the authority giving aid to prescribe by rules or ..... will have mandatory force. regulations have been framed with reference to clauses (fa), (fb) and (fc) (which have been introduced by the amendment act of 1993 w.e.f. 27.08.1992) and clauses (j), (k) and (l) of section 33.in st. johns teachers training institute v. regional director, n.c.t .....

S.A. Aswathanarayana and Another Vs. the Returning Officer, Somanahall ...

Court : Karnataka

Reported in : ILR2000KAR4229; 2001(1)KarLJ108

..... in exercise of its jurisdiction under article 226 of the constitution interfere with the current elections to the grama panchayats being held under the karnataka panchayat raj act, 1993. nomination papers filed by the petitioners having been rejected by the returning officers concerned, they have questioned the correctness of the said orders and sought ..... to say that article 243-o offendsthe basic structure theory. the argument if i may say so has been maderather non-seriously and without laying a foundation in the writ petitions for the same. the absence of a challenge to the provisions of article243o of the constitution and a prayer for striking down ..... a nomination paper is 'questioning the election' within the meaning of article 329(b) of the constitution and section 80 of the representation of the people act, 1951'.10. it was argued that judicial review of administrative or statutoryorders being one of the basic features of the constitution, the prohibitionagainst interference by courts .....

Mahindra World City Developers Limited (Formerly Known as Mahindra Ind ...

Court : Chennai

..... of the decisions cited by the learned counsel say that where an act is done in violation of a mandatory provision of a statute, such act can still be made a foundation for invoking the rule of promissory/equitable estoppel. moreover, when the government acts outside its authority, as in this case, it is difficult to say ..... , the acquisition authorities are forbidden from acquiring thope and agricultural lands. 18. the respondents have made their objections when subsequent proceedings were initiated under the tn act 10/1999. considering their objections, the state government exempted their lands as being absolutely not necessary for the industrial park maintained by the petitioner company. further reference ..... withdraw from the acquisition of the land can also be inferred from the judgments of this court in municipal committee, bhatinda v. land acquisition collector and ors. : (1993) 3 scc 24 (para 8); u.p. state sugar corporation ltd. v. state of u.p. and ors. : (1995) supp 3 scc 538 (para .....